Nursing-home damage awards capped
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Enormous damage awards in lawsuits against nursing homes have caused several states to impose financial limits on what juries can give to plaintiffs. The National Law Journal reported July 8 that lawmakers in Louisiana, Texas and West Virginia have passed legislation in the past year to limit non-economic damages in nursing-home suits. In those states, a plaintiff can receive a maximum of $250,0000 for pain and suffering. Five other states - Mississippi, Arkansas, North Carolina, Oklahoma and Alabama - have either passed or are considering limits on the recovery of attorney’s fees, financial damages in wrongful-death claims against nursing homes and the use of inspection records in lawsuits. The legislation is a reaction to large jury awards in recent lawsuits, particularly two 2001 decisions in Texas. Jurors awarded $82 million in Ernst vs. Horizon/HMS Healthcare Corp. and $312.7 million in Fuqua vs. Horizon/HMS Healthcare Corp. Both decisions made the Law Journal’s ranking of the top 100 verdicts nationwide. Advocates of financial caps say the limits are needed to reduce health-care costs and protect nursing homes from crippling litigation. Trial lawyers contend the new laws take away a plaintiff’s right to hold the facilities accountable for substandard care. Although only 10 percent of nursing-home lawsuits result in punitive damage awards, demographics suggest that more litigation will clog court dockets. According to U.S. Census Bureau data, the number of Americans 85 and older will increase nearly 60 percent by 2020 and more than 200 percent by 2040. . . . The Phoenix office of Squire, Sanders and Dempsey has added three associates. Brent Hall, a 1999 graduate of the University of Michigan Law School, practices in commercial, insurance, and labor and employment law. He previously practiced in state and federal courts in Oregon. A.J. Moss focuses on intellectual property, including patents, trade secrets, trademark and copyright law. Moss is a former Navy nuclear submarine officer; he graduated from Arizona State University Law School in 1997. Anoma Phantourath handles claims involving fraud, breach of contract, breach of warranty and wrongful termination. She formerly worked at Jennings, Strouss and Salmon and is a 1998 graduate of the University of Arizona Law School. The local Squire, Sanders office also promoted Brian Cabianca to partner. Cabianca concentrates on commercial litigation and business tort law. He is a 1995 graduate of the ASU Law School, where he was articles editor for the ASU Law Journal. |