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
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.
See Court Notice