Recent court documents show jurors in the McCracken County Circuit Court found McCracken Nursing and Rehabilitation guilty of negligence and other charges earlier this year.
According to the court documents, Cecil Gary fell while in the nursing home’s care but the nursing home did not report it to his family which is required by law. It is not mentioned in the documents when the fall happened.
Along with negligence, jurors also found the nursing home guilty of losing or destroying medical records, causing physical pain and suffering, and not treating Gary with dignity and respect.
The $25 million awarded by the jurors is a recommendation only and is not legally binding. A judge will take the recommendation into consideration and decide how much McCracken Nursing and Rehabilitation has to pay.
McCracken Nursing and Rehabilitation is locate at 867 McGuire Avenue in Paducah. The case against the nursing home was brought by a guardian of Cecil Gary.
Attorneys for the nursing home sent Local 6 this statement:
“We do not agree with the verdict and were disappointed in this wildly excessive $28 million judgment awarded by the jury.
We maintain that our staff provided appropriate intervention in an urgent situation, keeping our residents’ best interests in mind. We stand by the facts and testimony in the case, and are evaluating all our legal options moving forward.
This is yet another example of the extreme risk involved with operating a nursing facility in Kentucky, where the industry remains under attack from aggressive Plaintiff’s firms that distort the facts and where any jury in any county can, at any time, render an unlimited verdict purely at their own discretion.
McCracken Nursing and Rehabilitation Center is a good facility, staffed by dedicated caregivers who go above and beyond for their residents every day.”(Click to Read Court Document)
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McCracken County nursing home found guilty of negligence