$6M Iowa Nursing Home Verdict Vacated: The Court of Appeals of Iowa on June 21, 2023 vacated a $6 million verdict against a nursing home stating, “We find the prior bad acts testimony about Blakesley toward other residents from Brandt, Armstrong, Haugen, Thompson, and Morris, as well as Beck’s testimony about rumors she heard, should have been excluded by the district court as evidence of prior bad acts for a lack of clear proof; the district court abused its discretion in not excluding that evidence.”
Background Facts
Darlene Weaver moved into The Timely Mission Nursing Home in July 2015 for nursing and memory care. Among other things, she had dementia and Parkinson’s disease along with a history of falling. When Weaver arrived at Timely Mission, a comprehensive assessment was done. This tool is meant to provide a full picture of the individual for appropriate care to be provided. Based on that tool, Timely Mission completed a fall assessment which was periodically updated. When Weaver first arrived, she had recently sustained a hip fracture and was designated a one-person assist, meaning she needed someone with her to help get her to the restroom or walk down the hall. But after six months, she was determined an independent ambulator and not a high fall risk.
In April 2017, while moving between her bed and the restroom, Weaver fell. According to Timely Mission’s charting, she suffered no serious injury. No changes were made to Weaver’s fall assessment. Then, in June of 2017, Weaver fell again while moving between her bed and the restroom and fractured her left hip and shoulder. Less than a week later, she died of complications from the June fall.
The Estate filed suit against Timely Mission in November 2017. The nursing home lawsuit alleged Timely Mission’s faulty fall assessment of Weaver and fall-prevention measures, and alleged abuse of Weaver and its impact on her health and willingness to ask for help. This specifically concerned one certified nursing assistant (CNA) at Timely Mission, Melanie Blakesley.
Several individuals who were staff at Timely Mission while Weaver was a resident testified during trial, including testimony referencing verbal and physical abuse of residents other than Weaver, to which Timely Mission objected. The trial court specifically noted it was allowing the evidence in to show the abuse “was reported and there was not follow-up investigation,” but not for the truth of the allegations.
The jury returned a verdict for the Estate, awarding $2,000,000 for Weaver’s pre-death pain and suffering, $1,000,000 for pre-death loss of full mind and body, $500,000 each to Weaver’s two children for loss of consortium, and $2,000,000 in punitive damages. Timely Mission appealed.
The Court of Appeals of Iowa held: “Because prejudicial, inadmissible evidence was allowed into evidence, we reverse and remand for a new trial.”
Source The Timely Mission Nursing Home vs. Arends, No. 21-1852.
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