Davidson v. Heritage Manor West et al

Case Background

Bonnie Bennett, representing Raymond Davidson’s estate, filed a wrongful death lawsuit against Heritage Manor West and Pathways Management. The lawsuit included claims of medical malpractice, administrative negligence, and fraud. It was filed in the Louisiana First Judicial District Court, with Judge Brady D. O’Callaghan presiding. [Case number: 626044]

Cause

Raymond Davidson became a resident of Heritage Manor West in Shreveport, a nursing and rehabilitation home in February 2016. A separate company, Pathways Management, operated the facility under a management contract. Davidson faced significant health challenges due to multiple medical conditions, complicating his care.

On March 3, 2020, 99-year-old Davidson’s condition worsened, prompting his transfer to a local hospital. Doctors noted severe pressure sores on his buttocks, groin, and sacral area. He also suffered from weight loss, poor nutrition, and dehydration. Blood tests revealed dangerously low levels, requiring a transfusion. Records indicated Davidson had suffered multiple falls, one of which resulted in a broken hip.

After brief hospital treatment, Davidson returned to Heritage Manor but was hospitalized again on March 30, 2020. This time, he did not return to the nursing home. On May 20, 2020, Davidson passed away, leaving behind his adult daughter, Bonnie Bennett.

Damages

If the Plaintiff succeeded in malpractice and negligence claims, they could recover both survival damages and wrongful death damages. Survival damages included medical expenses and Davidson’s non-economic losses, while wrongful death damages covered Bennett’s mental anguish, loss of love and affection, and funeral costs.

If the jury sided with the Plaintiff on malpractice or negligence, it could assign fault between the two Defendants. However, the Defendants were jointly represented during the trial. The jury could award a separate sum of fraud damages to the plaintiff.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Estate of Raymond Davidson | Bonnie Bennett
  • Defendant(s): Heritage Manor West | Pathways Management
    • Counsel for Defendant(s): Ronald E. Raney | Patrick W. Woolbert,
    • Experts for Defendant(s): Luanne Trahant

Claims

The Plaintiff in this case pursued a set of distinct and unconventional claims. The first was straightforward: a medical malpractice claim against Heritage Manor West on behalf of Bennett, Davidson’s heir. Additionally, the Plaintiff brought an “administrative negligence” claim against Pathways Management, based on similar facts. Notably, the Plaintiff framed these claims outside the scope of the Medical Malpractice Act, avoiding its damage limits. Regarding administrative negligence, evidence showed that Pathways Management regularly understaffed the nursing home. The Plaintiff argued this reflected a focus on profits over patient care.

Central to the case was the allegation of widespread neglect, including the failure to prevent pressure wounds, falls, and issues with hydration and nutrition. The Plaintiff argued that these failures contributed to Davidson’s accelerated decline and eventual death.

The third claim targeted Heritage Manor for fraud, alleging the nursing home had intentionally misrepresented its ability to provide adequate care for Davidson.

Defense

The case initially went before a Medical Review Panel consisting of Drs. Susan Kemp, Mark LaFuria, and Bradley Meeks. The panel determined that Davidson, aged 99, had numerous co-morbidities, and the nursing home consistently provided appropriate wound care, hydration, and nutrition. They noted that a dietician had intervened aggressively to address his needs. Despite these efforts, the panel concluded that Davidson’s decline and eventual death were inevitable due to his advanced age and underlying health conditions.

At trial, the Defendants relied on this conclusion in their defense, with Kemp from the Medical Review Panel testifying on their behalf. Pathways Management denied any negligence in overseeing the nursing home, while the nursing home itself refuted claims of fraud.

Expert Testimony

Plaintiff presented its liability case with testimony from two experts: Dr. Perry Starer from New York, NY, and Charlotte Sheppard, RN, from Wesley Chapel, FL. In response, the defense relied on its own nursing expert, Luanne Trahant, from Pineville.

Jury Verdict

The trial lasted a week. After a brief deliberation on August 23, 2024, the jury ruled for the Plaintiff on all three claims. However, the verdict form only documented Claim 2 (Pathways Management) and Claim 3 (Heritage West Fraud), omitting Claim 1 (Heritage West Malpractice). The jury assigned 50% of the fault to both Pathways Management and Heritage Manor West.

For survival damages, the Plaintiff received $1,529,789, including $29,789 for medical expenses, $800,000 for pain and suffering, $500,000 for mental anguish, and $200,000 for loss of enjoyment of life. Wrongful death damages totaled $1,050,500, comprising $1,000,000 for mental anguish and grief, $50,000 for love and affection, and $500 for funeral expenses. Combined compensatory damages for malpractice and administrative negligence amounted to $2,580,289.

On the fraud claim, the jury found that Heritage West intentionally misrepresented its care capabilities. Fraud damages added $1,000,000.

The total verdict amounted to $3,580,289.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com