Professional Negligence Law Reporter

Mildred Bernavage, 90, lived at the Green Ridge skilled nursing facility. While being transferred from her wheelchair to a shower chair, she fell and fractured her hip. She underwent surgery and died two years later of unrelated causes.

Bernavage’s estate sued Green Ridge Health Care Group LLC and Saber Healthcare Group, LLC, which managed and operated the facility, alleging improper transfer. The plaintiff asserted that the defendants’ employees had been recklessly indifferent.

The jury awarded $300,000 in noneconomic compensatory damages and found both vicarious and direct corporate reckless indifference. The trial judge ordered another trial on punitive damages with a new jury. The punitive damages trial resulted in a $2.7 million verdict.

Citation: Vanston v. Green Ridge Health Care Grp. LLC, No. 0627 of 2019 (Pa. Ct. Com. Pl. Lackawanna Cnty. Sept. 8, 2023).

Plaintiff counsel: AAJ members Jamie Anzalone and Kelly Ciravolo, both of Wilkes-Barre, Pa.

Plaintiff experts: Ken McCawley, nursing, and Albert Janerich, physical medicine, both of Scranton, Pa.