January 5, 2012

On July 21 and 22, 2014 a jury of 13, reached a verdict in a nursing home neglect and wrongful death case, allowing $1,425,000.00 in compensatory damages and $12,514,605.00 in punitive damages, which, with statutory interest, brings the verdict to nearly 14.5 million dollars. The largest nursing home verdict in the Commonwealth.

The action, Calandro v. Radius Management Services II, Inc. et al., with docket number MICV2011-02874, was prosecuted for the plaintiff, Mr. Garry Calandro, as the son and the Administrator of the Estate of Genevieve Calandro by trial lawyers from the Hoey Law Firm against five corporate defendants associated with ownership, management, and operation of a skilled nursing care (nursing home) facility in Danvers, MA, which in 2007-2008 was called Radius HealthCare Center at Danvers (“Radius Danvers”).

Plaintiff alleged that Ms. Calandro, who was 90 years old when she was admitted to Radius Danvers was neglected over a period of weeks, if not months, leading up to first ten days in July (over the 4th of July holiday) where she was untreated and uncared for with multiple brewing infections, uncontrolled glucose levels and a worsening, infected, decubitus ulcer (pressure ulcer, a/k/a bed sore). With an altered mental status, due in part to the untreated infections, on July 10, 2008 Ms. Calandro fell out of her wheelchair, apparently unattended and unassisted, during the lunch period and struck her head. Ms. Calandro was rushed to the local Emergency Room, where the physicians found, in addition to the contusion on her head, multiple and more serious conditions. Ms. Calandro was diagnosed with intracranial intracerebral contusion, acute appendicitis, urinary tract infection with pyuria, and leukocytosis with bandemia, urosepsis, grossly dehydrated, in acute renal failure, uncontrolled diabetes with hyperglycemia, fecal impaction, and non-healing sacral decubitus ulcer, grade III with maceration, fibrinous exudate, odor. Ms. Calandro was in such medically degenerated condition, surgical intervention was ruled out and more conservative treatment, with multiple antibiotics and fluids was attempted. Although after the initial round of treatments Ms. Calandro stabilized to some degree, the infections prevailed and on August 16, 2008 she passed due to multiple complications.

Radius Defendants, all related entities, who in addition to the Radius Danvers facility, in 2007-2008 timeframe ran, owned, or managed approximately fifteen other facilities, predominantly in Massachusetts, approximately one month before the trial (and nearly 3 years into the case) admitted to “a breach of the applicable standard of care” but contested that their negligence caused any harm to Ms. Calandro and that Ms. Calandro did not suffer any damages.

At trial, it became apparent that Radius only intended to admit to “select” breaches of applicable standard of care and Plaintiff had to show the extend of the negligence and the harm it caused. Plaintiff, via expert witnesses including Mr. Lance Youles (a licensed nursing home Administrator) and Dr. Paul Genecin (internal medicine) and even concession from the defendants’ witness, and through anecdotal recounts from the family, proved to the jury that Ms. Calandro was neglected for weeks and months, while under the full time care and protection of Radius Danvers, resulting in the degenerated condition on July 10, 2008. Then, through the subsequent medical records, and testimony of few of the medical providers that cared for Ms. Calandro in the time after she left Radius Danvers, plaintiff proved that the negligence of Radius was a significant contributing factor in the August 16, 2008 death.

On July 21, 2014, after several hours of deliberating, the Jury of 13 found that Radius’ negligence caused both harm, pain, and suffering to Ms. Calandro during her life, and significantly contributed to her untimely demise and allowed $1,425,000.00 in compensatory damages. The Jury’s verdict reinforces the principle that age doesn’t matter and everyone is entitled to the same, proper, level of care, safety, and protection, regardless whether they are young or old. Jury also found that the negligence of Radius, in causing the death of Ms. Calandro, was of such degree that it constituted gross negligence. On July 22, jury heard from one more witness, a corporate officer of Radius, and learned a little about the corporate Radius defendants. After another several hours of deliberating, the jury came back with a punitive damages award in the amount of $12,514,605.00 to deter such future grossly negligence conduct not only by these Radius defendants, but also by others, similarly situated. The Nursing Home industry should take note that neglecting our elderly is not going to be tolerated in the Commonwealth or anywhere.

The attorneys at Hoey Law concentrate on nursing home abuse and elder neglect law. We’ve tried many cases in front of judge and jury, our elderly clients have been awarded millions of dollars, and we’ve contributed to advancing the quality of life as well as upholding the dignity of our Seniors. We believe our Elderly are worth protecting. It is our mission to improve the quality of care and quality of life of our seniors by pursuing these cases.