$250,000 Jury Verdict in Inadequate Nursing Home Care Plan Following Death of Resident

Colvin Towns was admitted to the Camden Nursing Facility in 2008. He suffered from many and various health conditions, including congestive heart failure, bowel and bladder issues, cognitive loss and diabetes.

In 2016, he was sent to a hospital emergency department, where he was diagnosed with having nursing home-acquired pneumonia, respiratory failure and septic shock. Towns, who was in his 60s, died eight days after that hospitalization. He was survived by his two adult children.

Towns’s estate sued the nursing home, alleging that it chose not to provide sufficient staff and failed to implement an adequate care plan. The lawsuit maintained that the nursing home defendant failed to respond to Towns’s needs, including keeping him safe and free from developing pneumonia.

The jury signed a verdict for $250,000. The case was later settled for an undisclosed amount under the parties’ high-low agreement that was in place before the verdict was delivered.

At trial, the attorneys for the Towns estate presented experts specializing in long-term care nursing and pulmonology.

The Towns family and estate were represented by attorneys Gavin F. King, Ryan Kral and William Pompey.

3, No. CV-2018-90057 (Ala. Cir. Ct. Wilcox Cty.)

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Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.