While a resident at Lifecare Center of Elizabethton, Earl McLemore was neglected and developed a massive State IV pressure sore on his sacral region. During his 13 days at Lifecare, Mr. McLemore was also allowed to develop a serious infection and became malnourished. Two local treating physicians testified that Mr. McLemore’s marked deterioration was preventable with adequate nursing home care, which he did not receive.
The jury deliberated and returned a verdict finding Lifecare medically negligent and awarded $500,000 in compensatory damages. The jury said that punitive damages should be awarded and after a second proceeding on that issue, returned a punitive damages verdict in the amount of $4,250,000.
Judge Thomas Seeley upheld the verdict in post-trial Findings of Fact and Conclusions of Law and entered Judgment on May 12, 2010.