Trial Magazine

Opal Moore, 92, suffered from dementia with agitation. After a hospital stay, she was admitted to Superior Care Home’s memory care unit for rehabilitation. At the time of the admission, Moore’s family told various people, including the nursing home’s owner, that Moore had aggressive behaviors, such as spitting and cursing. A care plan was established, and this included a psychological consultation.

The consultation was not completed, and Moore’s aggressive behaviors increased. Several months after her admission, she spat on another resident in the dining room. A nurse contacted Moore’s attorney in fact and requested that the family provide sitters for Moore. Although the family dispatched a sitter to Moore approximately one hour later, the nursing home’s owner called Moore’s son that night and asked him to take Moore to a geriatric psychiatric unit 25 miles away. Moore’s family pleaded with the owner to allow her to remain at the facility until the next day. The following day, the family came and retrieved Moore; however, the geriatric psychiatric unit was not admitting patients that day.

Moore’s family was forced to care for her until they could arrange for a psychiatric evaluation and another transfer. Moore suffered a gastrointestinal bleed and a fatal cardiac event three weeks after leaving Superior Care Home.

Moore’s estate sued the nursing home’s administrator and owners, alleging negligent discharge without adequate notice, negligent care, and failure to comply with Moore’s care plan. Suit also alleged negligence per se, violation of the Kentucky Residents’ Rights Act, corporate negligence, and breach of contract. The plaintiffs asserted that the sudden transfer caused Moore to experience relocation stress syndrome and led to a deterioration in her health.

The jury awarded approximately $2.24 million, including $1.65 million in punitive damages.

Citation: Moore v. Super. Care Homes, Inc., No. KY 17-CI-00162 (Ky. Cir. Ct. McCracken Cnty. Aug. 9, 2019).

Plaintiff counsel: AAJ members Tad Thomas, Brian Jasper, and Lindsay Cordes, all of Louisville, Ky.