|
|
 |
 |
Brian Kolber, Executor of the Estate of Czeslawa Kolber v. Royal Oak Nursing and Rehabilitation Cent [CV 07 616446] |
 |
 |
 |
Court: Cuyahoga County Court of Common Pleas |
 |
Judge: Shirley Strickland Saffod |
 |
Date of Trial: Jan 28 - Feb 1, 2008 |
 |
| Facts: |  | Case was premised upon nursing home negligence and a violation of the nursing home bill of rights statute. At issue was the cause of a fracture to the decedent's left, distal femur. Plaintiff claimed that the defendant's agents and employees caused the fracture by failing to employ the "log roll technique" while turning the decedent. The Defense argued that the condition of the decedent’s bones, which were affected by severe osteoporosis, rendered her susceptible to fractures with minimal provocation and without negligence, and further argued a lack of causation as to the fracture. |
|
 |
Injury/Damages: Fracture left distal femur; $59,000 in medical expenses |
 |
Non-medical Experts:  Linda Fowler, Ph.D., Pittsburgh, Pa.; Nursing Home Administrator  Marlene Blackford, R.N., Cleveland, Ohio, Certified Geriatric Nurse |
 |
Medical Experts:  Stanley Feingold, M.D., Plainview, New York, orthopedic surgery  Kim Stearns, M.D., Cleveland, Ohio, orthopedic surgery |
 |
Lowest Demand: $150,000 |
 |
Highest Offer: $0.00 |
 |
Jury Verdict: Defense |
 |
Percent of Comparative Negligence: 0% |
 |
Net Award: $0.00 |
 |
Plaintiff's Attorney: Raymond J. Tisone, Youngstown, Ohio |
 |
Defendant's Attorney: Jeffrey W. Van Wagner and Jane F. Warner, Cleveland, Ohio |
 |
 |
 |
|
 |