Joseph Reese and Brittney Claud recently obtained a defense award in a personal injury case brought against a skilled nursing facility and its Director of Nursing following an arbitration hearing. The resident sustained a left distal femur fracture of unknown etiology. The Claimant alleged the fracture was caused by negligently performed ADL care. The defense countered with expert testimony and published medical literature showing these types of fractures can happen during the normal provision of nursing care, such as transfers and other mobilization, to those with the risk factors possessed by the resident. The defense moved for a judgment as a matter of law at the conclusion of the Claimant’s case, and the Claimant stipulated she had not proven her claim that the facility negligently caused the fracture. The case was submitted on a variety of other claims including a failure to timely recognize signs and symptoms of the fracture. After considering all the evidence, the Arbitrator returned a defense judgment for all remaining claims.
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