September 11, 2009

FAMILY OF NORWALKER WHO DIED PLEASED THE JURY'S DECISION - 9/11 NORWALK CITIZEN

Almost five years to the day after the nightmare involving Margaret Miller and her stay at the now-closed Darien Health Care Center began, the family of Miller will be able to enjoy some peace knowing that justice has been served.

The jury in Karen P. Smith, administratrix of the estate of Margaret Miller, versus Darien Health Care Center and 599 Boston Post Road Operating Company II, LLC, awarded the plaintiff $1.45 million on July 31.

Smith's mother and Norwalk resident Margaret Miller was admitted to the Darien Health Care Center on July 29, 2004 to recuperate from injuries sustained in a minor car accident.

By Aug. 4, she was dead.

"Margaret Miller had gone in [to the health care center] having some weakness and some loss of strength," said Eric P. Smith of Stratton Faxon, who served as attorney for the plaintiff.

"She was in the facility for around five hours, and she tried to summon help," Smith explained.

Unable to get a nurse to respond to her calls, Miller attempted to get up from her bed and then fell, suffering a fractured hip and an injured shoulder, Eric Smith said. Miller succumbed to her injuries after surgery at Norwalk Hospital to fix her fractured hip.
"In this case, it appeared according to medical records that they didn't do basic evaluations," Smith said, adding that those same records could only confirm one routine visit with Miller during her short stay at the center.

"The basic nursing care was non-existent," he said.
He added, "There were serious questions whether the facts were misrepresented after the incident. There were some glaring and strange things in the medical records. It smelled of a cover up."

Over the course of the trial, Eric Smith argued that the health center did not perform standard new admission assessments and fall protection measures, resulting in Miller's untimely death. The defense team argued that it was Miller herself who was at fault for attempting to get out of bed. The defense also argued that the plaintiff, at age 80, had a short life expectancy. Eric Smith's argument, however, ultimately won over members of the jury.

"From the family's perspective, it was never about money; it was about holding them responsible," he said. "The family felt as if the court system functioned as it should. From the family's perspective, they are very pleased that the jurors took their time and came to a sound decision."

"This shouldn't have happened," he said. "It was preventable."
Darien Health Care Center was owned by HealthBridge Management, Inc., based in Fort Lee, N. J. HealthBridge operates Long Ridge of Stamford, the Westport Health Care Center, two nursing homes in Milford and one each in Cheshire, Danbury, Newington, Southbury and Wethersfield.

The Darien Health Care Center, which had opened in 1975, had filed for Chapter 11 in 2004.

Several phone calls to the management company and defense lawyer went unanswered at press time.