A California Jury Says: Adequately Staff Your Facilities Or Pay The Price
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In a previous blog post, I wrote about how increased staffing levels equate with improved nursing home resident safety. Well, a company has found out the hard way: follow the law requiring minimum levels of nursing care or pay the price.
According to a story in the Contra Costa (California) Times, the jury in a class action lawsuit against Skilled Healthcare has reached its first verdict. According to the article: "Skilled Healthcare is one of the largest nursing home chains in the country, employing approximately 14,000 people. The company is based in Southern California, and operates 78 nursing facilities in seven states."
The jury awarded $677 million for violations of the California law requiring a certain number of nursing hours per resident per day in the facilities. Interestingly, Skilled Healthcare's attorney was not even in the courtroom when the verdict was read; instead he sent out his reaction to the jury verdict via an e-mail!
The case was brought on behalf of residents of the five facilities owned by Skilled Healthcare in Humboldt County and covered the period of 2003 - 2009. There were approximately 32,000 residents represented in the class action.
I say this is the jury's "first" verdict because, now, the jury will receive evidence concerning what additional punitive damages should be awarded against Skilled Healthcare. Punitive damages are meant to punish the company so that it does not repeat its conduct and to dissuade others from doing so. I will let you know the outcome of that phase of the lawsuit when the information becomes available.
For the residents of facilities of Skilled Healthcare facilities, justice is being served. Perhaps other large, for-profit, nursing home companies will get the message. Follow the law or pay the price.
