A Louisville, Kentucky jury returned an $8 million verdict in a nursing home abuse and neglect suit against Treyton Oak Towers, a nursing home in Louisville, Kentucky.  The case tried for more than two weeks in front of Judge Brian Edwards.

Hare, Wynn attorneys Matt Minner and Don McKenna, along with Lexington co-counsel Bill Garmer represented the estate of Dr. David Griffin.  Dr. Griffin was a WWII veteran and retired general surgeon who served the Louisville community for more than 40 years.  His daughters brought the suit on behalf of their father and to ensure that their father’s experience would not be repeated with other members of the “greatest generation.”

The suit alleged that Dr. Griffin, who could not walk and required total assistance to move from place to place incurred two broken leg bones during a transfer from his chair to his bed that violated the nursing home’s own care plan for Dr. Griffin.

There was evidence from employees who worked there at the time that Treyton Oak Towers failed to report the injury as required under Kentucky law and took affirmative steps to cover up the incident.  There was also evidence that Treyton Oak was understaffed and failed to properly evaluate and train staff members.

The jury awarded $2 million dollars for the injury to Dr. Griffin and his pain and suffering, $1 million for violation of the Kentucky Residents Rights statute, and $5 million in punitive damages to punish the conduct and deter similar conduct in the future.

Minner said, “This injury was suspicious from the beginning.  No one reported or admitted to injuring Dr. Griffin.  However, upon seeing the injury, his treating physicians wanted a full investigation. The trial process brought to light the truth of what really happened to Dr. Griffin and exposed the conduct that lead to the injury.  Hopefully, this verdict will prevent these types of injuries and cover-ups from happening to other nursing home residents.”

The Defendant claimed Dr. Griffin’s broken bones were the result of a spontaneous fracture in a patient with osteoporosis and wanted their day in court.

The Louisville Courier Journal provided coverage of the case