Blango v. Jeanes Hospital, Inc.

24 Pa. D. & C.5th 141
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedApril 12, 2011
DocketNo. 4518
StatusPublished

This text of 24 Pa. D. & C.5th 141 (Blango v. Jeanes Hospital, Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blango v. Jeanes Hospital, Inc., 24 Pa. D. & C.5th 141 (Pa. Super. Ct. 2011).

Opinion

OVERTON, P.J.,

This matter is before the appellate court in response to orders reproduced below, issued on September 29, 2010.

Upon consideration of the motions for post-trial relief of Jeanes Hospital, Inc., operating as Jeanes Hospital, and [144]*144all responses thereto it is hereby ordered and decreed that Jeanes Hospital’s motions to remit the punitive damages award as to Jeans Hospital are granted. The prothonotary is directed to reduce or remit the punitive damages award against Jeanes Hospital from $1,500,000 to $500,000.

After consideration of the motion of Hillcrest Center for a remittitur, plaintiff’s opposition thereto, and the arguments of counsel at the September 13, 2010 hearing, it is hereby ordered, adjudged and decreed that the motion of Hillcrest Center is granted.

It is further ordered that the jury’s award of punitive damages is hereby reduced to $1,000,000 as to defendant Hillcrest Center.

After consideration of the motion of Hillcrest Center and Genesis Healthcare Corporation for post-trial relief, plaintiff’s opposition thereto, and the arguments of counsel at the September 13, 2010 hearing, it is hereby rdered, adjudged and decreed that the motion of Hillcrest Center and Genesis Healthcare Corporation is denied.

Upon consideration of the motions for post-trial relief of Jeanes Hospital, Inc., operating as Jeanes Hospital, and all responses thereto it is hereby ordered and decreed that Jeanes Hospital’s motion for post-trial relief is denied.

The plaintiff and both defendants filed appeals.

FACTS AND PROCEDURAL HISTORY

This matter was brought by plaintiff Shirley Blango as executrix of her late husband Joseph Blango’s estate and in her own right for a wrongful death claim and a survival [145]*145action based upon Mr. Blango’s admission to both facilities during the period of May 21, 2006 and ending on June 13, 2006. Ajury trial began in this matter on February 9,2010 before the Honorable George W. Overton.

The plaintiff’s daughter Sheila Rutherford testified that her father had generally good health with some problems with arthritis and his weight generally stayed the same throughout his life. (N.T. 02/09/10 at p.86) She testified that her mother called her on May 21, 2006 and said her father was not moving or speaking and he subsequently was admitted to Jeanes Hospital that same day. (N.T. 02/09/10 at p.87) She testified that she visited him every day for the five days he initially stayed at Jeanes Hospital. (N.T. 02/09/10 at p.92) He wouldn’t eat his food and was only offered regular food and never any soft food or supplements. (N.T. 02/09/10 at p.92) The plaintiff was then transferred to Hillcrest Center for ten days. At Hillcrest the plaintiff also “never ate” and the center staff would just take back whatever food was brought in for the plaintiff. (N.T. 02/09/10 at p.96) Ms. Rutherford testified that she never saw her father turned on his bed while at Hillcrest and noticed that he had feces in his diaper. (N.T. 02/09/10 at p.99) Mr. Blango then was brought back to Jeanes Hospital because he became sick on June 5, 2006 and was there for three days. (N.T. 02/09/10 at p.99) Ms. Rutherford testified that her father became noticeably thinner and the diet he was offered was never altered. (N.T. 02/09/10 at p.100) Ms. Rutherford stated that she learned of her father’s bedsores during his second stay at Jeanes Hospital from her mother. (N.T. 02/09/10 at p.104) She testified that her father was always on a regular mattress [146]*146with no additional supports. (N.T. 02/09/10 at p.105) On June 13, 2006, Mr. Blango was transferred to Abington Hospital and at that point they learned of an infection in the bedsore in his sacral area (the area at the top of his buttocks). (N.T. 02/09/10 at p.107) He stayed at Abington Hospital for approximately five to six weeks and the infection lasted for the rest of his life when he was taken care of by his family and homecare nurses. (N.T. 02/09/10 atp.111)

There were a series of videos admitted that showed the homecare routine for Mr. Blango. (N.T. 02/09/10 at p.116) His family was trained to reposition Mr. Blango every few hours and there was a wound care home nurse but the bedsore continued for the duration of his life. (N.T. 02/09/10 at p.124) Eventually, Mr.Blango’s kidney had to be removed at Einstein Hospital. (N.T. 02/09/10 at p.122) Mr. Blango passed away in April of 2008.

Nurse Kathleen Fletcher testified as an expert for the plaintiff and was accepted as an expert in gerontological nursing. (N.T. 02/16/10 at p.49) She reviewed the records in the case and found that defendants’ care fell below the standard particularly in the areas of transition of care and communication. (N.T. 02/16/10 at p.53-54) She testified that over the course of his admissions to both defendant facilities, his weight decreased from 190 pounds to 168 pounds. (N.T. 02/16/10 at p.168) She testified that there was no documentation about his diet at Jeanes Hospital or Hillcrest Center and that his protein stores had declined in his first visit to Jeanes Hospital. (N.T. 02/16/10 at p.59) Furthermore, she opined that Jeanes Hospital did not communicate the status of Mr. Blango’s skin to Hillcrest [147]*147Center, which she stressed was important because of his skin vulnerability. (N.T. 02/16/10 at p.63) She testified that Hillcrest noted in their records that when admitted from Jeanes Hospital, he had three beginning pressure ulcers with two on each ankle and one on his sacrum. (N.T. 02/16/10 at p.62) Furthermore, she testified that Hillcrest Center’s transfer form fell below the standard of care. (N.T. 02/16/10 at p.67)

Edna Cox, a registered dietician, was accepted by this court as an expert. (N.T. 02/16/10 at p. 168) She testified that Jeanes Hospital failed to provide even the most minimally acceptable care and there was no nutrition assessment despite severe weight loss. (N.T. 02/16/10 at p.195) She furthermore testified that it was below the standard of care to not order a report on his Albumen levels. (N.T. 02/17/10 at p.23) She testified that failure to monitor the intake and output of fluids fell below the standard of care as well. (N.T. 02/17/10 at p.25) As for defendant Hillcrest Center, she testified that they “woefully neglected to provide even the minimally acceptable nutrition services.” (N.T. 02/17/10 at p.44) The meals offered fell below the standard of care and the center could have offered supplements such as Ensure or boosted the calories in his current food. (N.T. 02/17/10 at p.51) Ms. Cox also addressed the care plan created by Hillcrest on the 29th of May. (N.T. 02/17/10 at p.62) She said that plan fell below the standard of care because it was not followed through upon and did not address the pressure sores. (N.T. 02/17/10 at p.62)

Dr. James Steg testified for the plaintiff and was accepted by this court as an expert. (N.T. 02/22/10 at p.21) Dr. Steg testified that Mr. Blango contracted a urinary tract infection [148]*148during his first stay at Jeanes Hospital and that infection contributed to the development of a pressure ulcer. (N.T. 02/22/10 at p.51) Dr. Steg made his determination based on an analysis of urine culture results. (N.T. 02/22/10 at p.55) He also testified that when Mr. Blango was admitted to Abington Hospital both e-coli and MRSA infections were found in his sacral wound. (N.T. 02/24/10 at p.36)

Nurse Mary Lynn King testified on February 26, 2010. (N.T. 02/26/10, p.

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24 Pa. D. & C.5th 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blango-v-jeanes-hospital-inc-pactcomplphilad-2011.