Jury’s Verdict of $250,000 for Wrongful Death of Nursing Home Resident Vacated by Trial Court

Julio Reyes Concepcion, a 73-year-old nursing home resident of the Royal Suites Health Care & Rehabilitation facility, had a number of different medical and health problems after he suffered a stroke.  He required tube feeding at the nursing home. After a feeding, a nursing staff worker noted that he had vomited.  The nursing home staff did not notify his treating physician.  About five hours later, he was transferred to a hospital suffering from respiratory distress and aspiration pneumonia. Unfortunately, Reyes Concepcion died two days later.

His family sued the nursing home, claiming that its nursing staff negligently chose not to elevate his bed 45 degrees before or after the feeding and chose not to timely respond to signs of respiratory distress.

The jury in this case concluded that the nursing home had been negligent but determined there had been no pain and suffering. The jury’s verdict was for $250,000, which the trial judge later vacated for “excessiveness.”  The case is being retried on damages only.

The attorneys representing the Reyes Concepcion family were Kenneth G. Andres Jr. and Tommie Ann Gibney.

Reyes v. Royal Suites Health Care & Rehab, No. ATLL-005719-13 (N.J. Super. Ct. Atlantic County, December 2016).

Kreisman Law Offices has been handling nursing home abuse cases, nursing home negligence cases, wrongful death cases, long-term care facility negligence cases and assisted living injury cases for individuals and families who have been injured or killed by the negligence of a medical provider for more than 40 years, in and around Chicago, Cook County and surrounding areas, including Merrionette Park, Evergreen Park, Bedford Park, Burbank, Stickney, Berwyn, Forest Park, Prospect Heights, Palatine, Maywood, Elmwood Park, Country Club Hills, Cicero, Chicago Ridge, Burr Ridge, Buffalo Grove, Brookfield, Blue Island, Olympia Fields, Orland Hills, Willow Springs, Tinley Park, Chicago (Rosehill, Pill Hill, Pilsen, Chinatown, Loyola Park, Little Italy, Lincoln Square, Archer Heights, Armour Square, Avondale, Back of the Yards), Stickney and Oakbrook, Ill.

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