Tennessee Court of Appeals upholds nursing home verdict
Location: Warren County, Tennessee
Plaintiff: Cheatum Myers
Defendant: National Healthcare Corporation, McMinnville
Amount: $4.1 million
Alleged Injuries: Negligence, gross negligence, medical malpractice, and violation of the Tennessee Adult Protection Act that caused the plaintiff to suffer multiple falls with fractures, a Stage IV pressure sore, leg contractures and infection.
The Tennessee Court of Appeals allowed the original decision on Myers vs. National Healthcare Corporation to stand. While the $4.1 million verdict for compensatory damages was upheld, it was reduced by $75,000. During the original trial in 2007, the trial judge dismissed the punitive claim after the jury had awarded $29.8 million in punitive damages. The Tennessee Court of Appeals ruled that the trial judge erred in doing so and granted a retrial for punitive damages. The Tennessee Supreme Court denied Defendants’ request to appeal. The case later settled out of court for a confidential sum.