Kees v. Colonial Oaks Nursing Home

Case Background

Mary Kees’ estate pursued a wrongful death lawsuit against Colonial Oaks Nursing Home, claiming both medical malpractice and administrative negligence in the treatment and care of Kees. The lawsuit was filed in the Bossier Court, Louisiana. Judge Allie Aiello Stahl presided over this lawsuit. [Case number: 161458]

Cause

Mary Kees, 87, lived at Colonial Oaks Nursing Home in Bossier City, managed by Priority Management. She had dementia, and osteoporosis, and was bedridden.

In March 2019, doctors hospitalized Kees to treat gallbladder disease. She returned to Colonial Oaks on May 1, 2019. Although frail, she showed no signs of fractures or injuries at that time.

Over the next ten days, Kees experienced constant pain. On May 10, 2019, an X-ray revealed bilateral femoral fractures, but there was no explanation for how they occurred. During this period, Kees also developed bedsores.

Colonial Oaks arranged therapy with Progressive Physical Therapy. Over the next week, Kees underwent therapy on one of her broken legs, causing significant pain. Evidence suggested staff failed to provide her pain medication, possibly diverting it. This neglect led to a rapid decline in her condition.

Kees passed away on June 23, 2019, leaving behind four adult children.

Damages

Under the wrongful death claim, the plaintiffs sought compensation for Kees’ surviving family members. For the malpractice claim, the plaintiffs pursued reimbursement for Kees’ medical expenses and non-economic damages.

Key Arguments and Proceedings

Legal Representation

  • Defendant(s): Colonial Oaks Nursing Home | Priority Management | Progressive Physical Therapy

Claims

The Kees family filed a lawsuit against Colonial Oaks, Priority Management, and Progressive Physical Therapy. Although these were separate entities, they shared legal representation during the trial.

The claims against Colonial Oaks centered on multiple issues. First, the plaintiffs alleged that nursing home malpractice caused Kees’ femoral fractures and bedsores. They also accused Colonial Oaks of fraud, claiming the staff diverted her medications.

The case against Priority Management focused on administrative negligence rather than malpractice. The plaintiffs argued that mismanagement contributed to Kees’ fractures or bedsores. Similarly, they brought a claim against Progressive Physical Therapy for performing physical therapy on Kees’ already broken leg, causing additional pain.

The lawsuit also included a wrongful death claim against Colonial Oaks and Priority Management. However, no such claim was filed against Progressive Physical Therapy, which was accused only of increasing Kees’ suffering.

Defense

The case was initially reviewed by a Medical Review Panel consisting of Drs. Robert Campbell, Mark Cotter, and Scott Phillips. The panel examined only the malpractice claims involving the nursing home and physical therapy, excluding administrative negligence. It determined that Kees’ death was linked to her age and existing health conditions. The panel attributed her fractures to a fall, though this was contested in the trial.”

Regarding Progressive Physical Therapy, the panel noted that staff were only informed of one broken leg. A shadow on the x-ray obscured the second fracture, making it difficult to identify. Following this review, the Kees family filed a lawsuit in Bossier Parish, asserting their claims against Colonial Oaks, Priority Management, and Progressive Physical Therapy. The panel members later testified for the plaintiffs at trial.

The defendants supported the panel’s conclusions and disputed the cause of Kees’ fractures, arguing she could not have fallen since she was bedridden. They also contested allegations of medication errors, suggesting any issues were likely due to a computer mistake. They questioned why, if medications had been diverted, there would be such clear evidence left behind.

Expert Testimony

The plaintiffs presented their case with testimony from a team of experts. Suzanne Frederick, RN, from Waco, Texas, offered insights on nursing care. Dr. Michael Wasserman, a geriatrician from Pacific Grove, California, addressed issues related to elder care. Michelle Gonsman, a medical records specialist from Duncanville, Pennsylvania, focused on medication management. Dr. William Tontz, an orthopedic specialist from Bradenton, Florida, provided analysis on Kees’ fractures.

Dr. Tontz concluded that the fractures likely resulted from unreported falls. Gonsman highlighted discrepancies in medication records, including allegations that Colonial Oaks charted Kees as receiving pain medications even after her death. The plaintiffs argued this reflected severe mismanagement at the facility.

The defense relied on their own experts. Dr. Val Irion, an orthopedic specialist from Shreveport, countered Tontz’s conclusions. Luanne Trahan, RN, from Pineville, and Leon McGretton, a nursing home administrator, defended the care provided by Colonial Oaks and disputed claims of negligence.

Jury Verdict

The trial lasted five days and concluded late on December 6, 2024. The jury first addressed the nursing home malpractice claim. It found that Colonial Oaks breached the standard of care but determined the breach did not cause Kees’ bilateral femoral fractures or bedsores. It also rejected claims of fraud and allegations that fraud caused Kees additional pain.

Next, the jury considered the administrative negligence claim against Priority Management and ruled against the plaintiffs. It also found that Progressive Physical Therapy did not violate the standard of care. On the wrongful death claim, the jury ruled in favor of Colonial Oaks and Priority Management.

The jury awarded $200,000 each for pain and suffering and mental anguish, plus $100,000 for loss of enjoyment of life. The jury declined to award compensation for medical expenses.

It also assigned 100% of the damages to Colonial Oaks. The jury did not complete the damage forms for wrongful death or fraud.

Court Documents:

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