Two years ago, a North Iowa-based nursing home was hit with a stunning $6 million verdict in a lawsuit filed by the children of an 83-year-old resident from Buffalo Center. Their nursing home lawsuit alleged unconscionable and intentional abuse. The jury’s landmark award gave the children $2 million for pre-death pain and suffering, $1 million for pre-death loss of full mental and physical capability, $1 million for loss of relationship, and $2 million in punitive damages.
The nursing home appealed – they always appeal – alleging the trial judge, Judge James W. Drew, mistakenly allowed evidence of one employee’s intentional abuse that was central to the claims, was hearsay. Sadly, the Iowa Court of Appeals agreed this week and sent the case back to Buffalo Center for a new trial.
Facts of Timely Mission Nursing Home v. Arends