Long Term Nursing Care Malpractice Defense Victory – $2,000,000 Claim Dismissed


Vandeventer Black’s Mark Brennan and Maggie Finnegan recently successfully defended one of the nation’s largest nursing home companies resulting in dismissal of $2,000,000 claim. Claims made against our client included (a) nursing care negligence in failing to prevent an elderly female with dementia from sustaining multiple falls in a long term nursing facility resulting in a fracture of the left femur and (b) that the facility failed to prevent an alleged sexual assault upon her by another resident. Brennan and Finnegan were able to persuade the court to compel the plaintiff to arbitration. The arbitration trial was conducted on March 10-11, 2015, at which Finnegan and Brennan proved that the cause of the fracture was bone disease rather than trauma from a fall, and with this, the sexual encounter had resulted in no harm or damages to the plaintiff.  Finnegan and Brennan were able to convince the arbitrator to adopt their arguments in dismissing the $2,000,000 claim. “We had excellent medical expert witnesses and fact witnesses who completely refuted the testimony of the plaintiff’s medical expert witness at trial” said Brennan.

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