Record $26M jury verdict secured in Warren nursing home wrongful death case
A verdict was reached May 26 in in the wrongful death civil case of Stephen Tate, a 69-year-old Trumbull County resident.
Eadie Hall Trial Lawyers represented the Tate estate in the case against Signature Healthcare of Warren, who were represented by attorneys Paul McCartney and Jane Warner of Bonezzi Switzer Polito & Hupp Co. L.P.A.
What did the jury decide?
After hearing all the evidence, the jury returned with the largest verdict against a nursing home in Ohio history, according to Michael Hill who represented the Tate family.
Hill has been rated one of the top ten nursing home abuse and neglect lawyers in the country.
There’s a $20 million verdict for wrongful death, as well as $500,000 for Ohio Resident Rights law violations and $500,000 for pain and suffering.
The verdict also added $5 million in punitive damages, a grand total of $26 million for the wrongful death case being awarded to the family.
“The jury system is this country’s oldest and purest form of government, where members of the community come together and decide right from wrong. This jury sent a strong message that we still live in a society where truth matters and that our most helpless members shouldn’t have to live in fear of being deserted by those in power,” said Hill.
The trial took place in the Trumbull County Common Pleas Court before Judge Cynthia Rice.
“Our family would like to thank the residents of Trumbull County who made up the jury for their dedication and commitment through the trial. We are forever grateful that justice prevailed,” said Rita Stanton, Stephen Tate’s sister and representative. “Michael was there for our family when we needed him and brought justice for our brother.”
What happened to Stephen Tate?
Tate was permanently injured when he was shot in the head at the age of 19, leaving him blind.
In November of 2019, Tate needed 24/7 assistance from caregivers. Like many patients with traumatic brain injuries, needed someone to sit with him and supervise his eating to make sure he took small bites and chewed well.
The family said he had poor impulse control and would scarf his food if not assisted with eating. He
“Due to systemic understaffing and mismanagement,” Signature Healthcare of Warren was not supervising Tate when he was eating alone in his room like they were supposed to.
On November 25, 2019, while he was alone, Tate “aspirated during lunch,” which means food was accidentally lodged in his airway, causing him to struggle to breathe and gag.
According to investigation into the incident, the nursing home staff, despite finding him in distress and sick, waited 42 minutes to request an ambulance, during which Tate reportedly drowned in his vomit.
Hill said despite valiant efforts by hospital medical staff, Tate died from septic shock with multi-organ failure.
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This story was originally published June 6, 2023 at 11:50 AM.