Professional Negligence Law Reporter

Verdicts & Settlements: Nursing Home

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Failure to timely diagnose C. difficile infection

March 26, 2024

Jack Huls, 84, a resident of Laurels of Mt. Vernon, sent a bag of laundry home with his family. In it were five pairs of pants that were covered in diarrhea. The family contacted the facility and said they believed Huls had a C. difficile infection. The facility allegedly told the family that Huls did not have C. difficile, even though he was never tested for the infection. Additionally, it allegedly never reported any of this information to a doctor.

Two days later, Huls became unresponsive and was taken to a hospital, where he was diagnosed as having septic shock and C. difficile. He later died.

His estate sued Laurel Health Care Co. and Laurels of Mt. Vernon, alleging failure to timely diagnose the infection. The plaintiff asserted that the defendants should have referred Huls to a doctor for testing in light of his symptoms and the fact that two other cases of C. difficile were present near Huls’s room.

The jury awarded approximately $5 million.

Citation: In re Jack O. Huls, No. 2018 1065 (Ohio Ct. Com. Pl. Knox Cnty. Dec. 4, 2023).

Plaintiff counsel: AAJ member Michael A. Hill, Cleveland.