New Damages Trial Ordered in Nursing Home Liability Row

The National Law Journal

The Pennsylvania Superior Court ordered a new trial on compensatory damages against nursing home management services provider Grane Associates, as well as on punitive damages against that company and its nursing home client, Highlands Park Care Center, in a long-running lawsuit over a resident’s death.

Richard Scampone brought the original suit on behalf of his mother, Madeline Scampone, and alleged her death was a result of substandard care from Highlands Park  Care Center. Madeline died at age 94 after being diagnosed with a urinary tract infection, dehydration, malnutrition and bed sores. W&M attorney Stephen Trzcinski has been handling the case, Scampone v. Highland Park Care Center, and its subsequent appeals. 

The Superior Court’s published Aug. 8 ruling came nearly five years after a landmark state Supreme Court ruling in the case. In 2012, the justices determined that nursing homes could be found directly liable under a theory of corporate negligence.

Ultimately, the Superior Court ordered a new compensatory damages trial against Grane and found there was sufficient proof to support an award of punitive damages against both Grane and Highland Park Care Center.

“This appeal raises many important issues,” Trzcinski said. “Overall, I’m happy with how those issues were resolved. For over a decade, Richard Scampone has been fighting to attain justice for his late mother, Madeline. I hope this decision gets him closer to that end.”