Massachusetts attorneys, Bernard J. Hamill, Quincy

Rape Alleged at Kindred: Jury Verdict: 2 Million 12-17-13


I tried a case alleging Nursing Home Rape on behalf of my client against Kindred Healthcare, Inc. in front of a Middlesex County Jury in December 2013. The Jury entered a verdict on Dec.17th, in the amount of $2,000,014.00 not including interest against Kindred Healthcare, Inc. after a week long trial. The Plaintiff, my Client "Marie" by her Power of attorney is an 87 year old nursing home resident with Huntington's disease and dementia.

The Plaintiffs claim was for negligent careincluding a Rape or Sexual Assault at a Kindred Nursing Home. She was found with a bruise on her vaginal area on the morning of 7/22/11. I argued to the jury that the bruise was caused by abuse. The defense argued that she had fallen. Because were no eyewitnesses to any abuse the defense contested Plaintiff's allegation strenuously, presenting expert medical testimony about falls and other medical conditions that "could" result in my clients injury. She was treated once at the Emergency room the day after, and had 1 follow up Dr. visit. She consistently denied ever being abused. She has short term memory issues.

Kindred's position prior to trial was that since a police investigation with DNA testing resulted in no charges and a Dept. of Public Health investigation was inconclusive, there was no merit to my clients claim. Their stated defense before trial was that my client had scratched herself and caused the bruise.

To prepare this case I marked up almost 50 depositions to obtain discovery and spent many thousands to get the case to trial. I conducted every deposition myself. I prepared and conducted every direct and cross examination of every trial witness myself. I personally crafted and delivered my opening and closing to the jury of 9 men and 3 women. I submitted no medical bils or "special damages" to the jury. This case was given to the Jury on the 5th day.

The jury deliberated for 3 hours including lunch.

With interest the Verdict was $2,477,000.00 for emotional distress and loss of Dignity.

This Verdict is the Largest Jury Verdict against a Nursing Home in Massachusetts history. At this time my client is living peacefully in another Nursing Home where she has resided since this incident. She has no memory of the assault.

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