Non-delegable Duty

In a nursing home neglect case, the jury heard the evidence and provided a $19 million verdict to compensate the resident and family for the wrongful death. The case specifically targeted the facility, the two different operators, and two corporate owners for neglect and corporate malfeasance.  However, after posttrial motions, the judge allowed two corporate defendants to be dismissed. Additionally, the judge reduced punitive damages for another co-defendant. 

Late in 2019, a Pennsylvania nursing home resident died at the age of 70. There were reported concerns against the Delaware County nursing home to state surveyors, but no citations were issued. Later, they sued the facility and its business partners for negligence that led to her death. 

Last year, a jury agreed that the ownership and management at Brinton Manor Skilled Nursing Facility led to unsafe staffing and high turnover which affected the quality of care and contributed to the injuries and death of the resident. The jury also decided that the lack of nursing policies and procedures caused harm. 

The $19 million awarded to the estate includes $4 million in compensatory damages, $2 million under the state Survival Act, $2 million under the Wrongful Death Act, and $7 million in punitive damages. The jury also found corporate mismanagement and awarded  $6.5 million from the initial owner, Vita Healthcare, and $1.5 million against Imperial Healthcare Group, which later took over ownership and management. 

Delaware County Court of Common Pleas Judge, Kelly Eckel, removed or reduced the liability for three of the four defendants in the ruling after hearing the post-trial motions. She agreed with the defendants because under the Pennsylvania law only one entity should have a “non-delegable duty” in a corporate negligence case, therefore awards against Vita and Imperial should not have been permitted. The share of their compensatory penalties and all of their punitive penalties were eliminated. 

Following a second argument, Eckel reduced punitive damages for another defendant. Eckel says that the award must be “reasonably related” to the state’s interest in punishing and deterring particular behavior. Eckel also allowed the total punitive award for Brinton Manor SNF, saying the ratio was in an acceptable range of 1 to 6 times. She reduced the finding against Imperial after its takeover of the facility just before O’Donnell’s death.

Eckel ruled that the $2 million in punitive damages against the entity involved with the facility for 21 days was “grossly excessive and exorbitant and shocks the Court’s sense of justice.” She then pro-rated the award to $385,000.