Limiting Damages

Cleveland, TN-based Life Care Centers of America says it “strongly disagrees” with a recent Georgia verdict. After years of discovery and a lengthy and expensive trial, a jury compensated the victims $15.3 million. Unfortunately, Georgia arbitrarily limits the amount of damages a jury is allowed to award victims of neglect and abuse.

The family proved by credible evidence that the for-profit operator failed to provide safe staffing that caused neglect and resident’s death. Michelle McKinney’s mother, Lucille Dubose, died as a result of an avoidable pressure injury.

This case will challenge the state’s punitive damages cap ($250k) in the Georgia Supreme Court. Defendants retained the services of a former Georgia Supreme Court justice to influence the appeal.

The case is McKinney vs. Gwinnett Operations et al.