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Date: 09-20-1999

Case Style: Frances Gross and Annette Miller, a/n/f of Frances Gross vs. Horizons/CMS Healthcare Corporation

Case Number: 296752-97

Judge: Betty Ann Caton

Court: 296th District Court, Collin County, Texas

Plaintiff's Attorney: David T. Marks and Henry P. Giessel of The Marks Firm, Houston, Texas; David Hill of Wellborn, Houston, Atkinson, Mann, Sadler & Hill, Henderson, Texas; and Tim Lee of Ware, Snow, Fogel, Jackson and Greene, Houston, Texas

Defendant's Attorney: Cynthia Shea Goosen of Cooper & Scully, Sherman, Texas and Ira Thomas King of Ira Thomas King & Associates, Dallas, Texas

Description: Nursing home negligence claim - Plaintiff claimed that defendant Heritage Park Nursing Home, operated by Horizons/CMS Corporation, failure to properly staff its facility and failed to properly train its employees to care for Frances Gross, age 72 at the time of her admission in March of 1995.. As a direct result, plaintiff claimed that within 30 days of being admitted to defendant's facility Mrs. Gross developed a massive Stage IV decubitus ulcer on her coccyx which penetrated to the bone; that she also had a Stage III pressure sore on her right gluteal fold which was covered with brown eschar; that she suffered from hypernatremic dehydration despite that the fact that her hydration was controlled exclusively by defendant's employees; and she had lost 21 pounds.

Defendant denied any wrongdoing and claimed that Mrs. Gross' condition was the result of a complex and deteriorating medical condition. Defendant further claimed that the patient had a Stage I sore one her coccyx when she was admitted to defendant's facility in March of 1995 and that she was a diabetic and incontinent because of a paralysis caused by three previous strokes. Defendant further denied that Mrs. Gross had lost the weight claimed by plaintiff.

Outcome: Settled for $5 million.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None

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