MORRIS COUNTY, NJ — A Morris County nursing home was found to have played a role in the death of a 59-year-old man, a Morris County jury decided.
On Nov. 18, a Morris County jury awarded $5.5 million to the family of Robert Hayes, a man who suffered extreme health issues that led to his death while under the care of Care One at Morris, now renamed Care One at Parsippany.
“This verdict sends a clear message that nursing homes must honor the rights and dignity of every resident,” said Scott Leonard of Leonard Legal Group, who represented the Hayes family during the three-week trial. “We are grateful that the jury understood the truth, recognized these violations, and delivered justice for the Hayes family.”
On Oct. 2, 2017, Hayes was admitted to the Care One at Morris after being discharged from St. Clare’s Hospital for congestive heart failure, where he was deemed a “fall risk,” meaning he was prone to falls and fall-related injuries.
Hayes was admitted into Care One to undergo acute rehabilitation, and the staff was informed of his status as a fall risk, the suit reads.
During his stay with Care One, Hayes’ condition worsened as he became delusional and anxious, and his physical condition also deteriorated with breathing issues and swelling, a lawsuit says.
He required assistance in eating, using the bathroom, and other daily activities during his stay. The suit adds that he was found wandering the facility halls at one point and was guided back to his room.
He also suffered a fall-related injury to his head under the care of Care One. When his family asked about the head injury, neither Hayes, who was not mentally sound at the moment, nor his nursing staff knew what had happened, according to the suit.
The physician in charge was never notified of the head injury, and no follow-up examinations were ever performed by Care One staff, the suit says.
On Oct. 6, 2017, Hayes’ sister requested that he be transferred to a different facility due to the “lack of care” he was receiving at Care One.
The following day, Hayes’ family visited him to find him slumped over his bed and unresponsive, and they believed he was suffering from a stroke. Staff was called in to examine him, and determined a stroke was not the issue.
Nevertheless, Hayes was taken to the Morristown Medical Center for emergency care, and Care One listed his condition as “fair” upon his discharge, the suit reads.
Morristown Medical Center staff discovered that he did, in fact, suffer from a “severe” embolic stroke and determined he would likely require a feeding tube.
Hayes' condition would continue to worsen over the next few weeks until his death in Morristown Medical Center on Oct. 28, 2017.
“Care One defendants… were negligent in their provision of care and treatment to Mr. Robert Hayes… In that they failed to properly assess Mr. Hayes, failed to notify the physician of changes in medical status, failed to provide necessary interventions (ie. oxygen), failed to seek timely medical attention of obvious changes in Mr. Hayes’ mental status, and failed to follow up and investigate the fall and/or head trauma to his head and obtain proper medical care,” the suit read.
“As a result of the Care One defendants’... negligence, Mr. Hayes did not receive prompt and appropriate medical care to treat his medical condition and was caused to suffer additional pain and suffering until his ultimate death,” it continues.
The suit makes several claims, including negligence, gross negligence, and wrongful death, specifying “severe lapses in care” and violations of the New Jersey Nursing Home Residents’ Rights Act.
“Residents’ rights exist for a reason — because families place profound trust in these facilities,” Leonard said. “When those rights are ignored, the consequences can be devastating. This verdict reinforces that nursing homes will be held accountable when they fail to provide proper care and violate the law.”
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