Dean Nichols with a Defense Verdict in Healthcare Medical Claim

Charles Alper v. Gentiva Health Services

PS Partner who tried case: Dean C. Nichols

We represented: Gentiva Health Services

Venue: St. Louis County, Missouri

Facts:  Plaintiff underwent a bypass surgery with grafts and was discharged from the hospital on July 15, 2004. Plaintiff’s cardiovascular surgeon, Dr. Eisenberg, enlisted the services of home health care provider Gentiva Health Services to provide home care after discharge, including monitoring of plaintiff’s incisions at the harvest sites. Nurse Laurie Jansen, who was employed by Gentiva at the time, provided care and monitoring of plaintiff in the two weeks after his discharge and visited him four times. On July 26, plaintiff was diagnosed with multiple serious infections at several of the vein harvest sites and plaintiff was hospitalized.

During the hospitalization, plaintiff received intravenous antibiotic therapy and surgical intervention in the form of debridement of the wounds. Plaintiff alleged that Gentiva’s employee, Laurie Jansen, failed to appreciate and recognize the signs and symptoms of infection during her visits and that plaintiff would not have needed to be hospitalized if the infection was diagnosed and plaintiff received treatment earlier than July 26. Plaintiff alleged that signs and symptoms of infection that were present as early as July 18, 2004, required Nurse Jansen to obtain immediate medical attention. Plaintiff claimed medical bills of $57,925,43 and lost wages of $2,600. Plaintiff’s counsel asked for a verdict in the amount of $450,000 in his closing argument to the jury.

Last Demand: $450,000

Last Offer: None

Verdict:  Defendant’s Verdict

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