Mellonaise Jackson, on behalf of Edward Jackson vs. C.H.R. Associates, Inc., et al

Case Background

On January 19, 2018, Plaintiff Mellonaise Jackson on behalf of Edward Jackson filed a medical negligence lawsuit in the Florida State, Miami-Dade County, Eleventh Circuit Court (Case number: 2018-001831-CA-01). Judge Vivianne Del Rio presided over this case.

Cause

Edward Jackson, a 51-year-old male recovering from sepsis, entered Claridge House Nursing & Rehabilitation Center in Miami-Dade County, Florida, on July 31, 2014. He lived there until December 31, 2015. During his stay, the nursing home staff failed to provide proper medical care. Their neglect led to a severe facility-acquired wound on his left heel, first noted on July 31, 2015. Despite his high risk for pressure ulcers, they did not implement a suitable care plan or take necessary preventive measures.

By November 3, 2015, the wound had progressed to Stage IV, with necrosis extending to the bone. On December 31, 2015, the facility transferred Mr. Jackson to North Shore Medical Center, citing “abnormal labs.” At the hospital, doctors diagnosed him with severe anemia, sepsis, and a gangrenous, foul-smelling wound. A debridement attempt on January 3, 2016, failed to save the limb. Consequently, surgeons performed a below-knee amputation on January 6, 2016.

Injuries

Claridge House’s negligence caused Edward Jackson to develop a rapidly worsening pressure ulcer. The untreated wound progressed to full-thickness necrotic tissue and osteomyelitis. His condition led to systemic sepsis and gangrene, requiring the amputation of his left leg. The staff’s failure to provide adequate care resulted in significant physical suffering. Mr. Jackson endured severe pain and disfigurement, which caused emotional and psychological distress. This medical negligence aggravated his condition, worsening his overall quality of life.

Damages

Edward Jackson suffered extensive harm because of the nursing home’s gross negligence. He incurred unnecessary medical expenses and prolonged hospital stays. Losing his left leg caused permanent disfigurement, physical pain, and emotional suffering. He experienced mental anguish, humiliation, and a loss of dignity. This neglect diminished his ability to enjoy life and increased the burden on his family. Witnessing the preventable injuries caused additional emotional trauma to his loved ones.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Mellonaise Jackson, on behalf of Edward Jackson
    • Counsel for Plaintiff: Tom Pennekamp Jr. | Gustavo D. Lage
  • Defendant(s): H.R. Associates, Inc. | Quality Surgical Management, Inc. | Steven A. Magilen, M.D. | Magilen, M.D., P.A., Steven A. | ARNP Neloms | Alande Brezault, M.D. | I & B Medical Associates, Inc. | Alberto Gomez Veliz, M.D. | AGVMD, P.A.
    • Counsel for Defendants: Jonathan Calmus Abel | Karissa Louise Owens | Rolando A Diaz |Jay P Chimpoulis | Susanne E. Riedhammer | Ilisa W Hoffman

Claims

Mellonaise Jackson, acting as Edward Jackson’s Power of Attorney, filed a lawsuit against Claridge House Nursing & Rehabilitation Center under Florida Statute §400.022. The suit alleged nursing home neglect and medical negligence, claiming that the facility failed to provide adequate healthcare, supervision, and treatment. The lawsuit highlighted that staff neglected to prevent or treat pressure ulcers and delayed notifying family and physicians about his worsening condition. It accused Claridge House of failing to maintain accurate medical records and training staff properly.

The lawsuit asserted vicarious liability for the facility’s employees and contractors. It pointed out systemic issues, including inadequate staffing and violations of state and federal nursing home regulations. Mellonaise Jackson sought compensatory damages for the physical, emotional, and financial harm caused by the nursing home’s gross negligence. This elder care lawsuit aimed to hold the facility accountable for failing in its duty of care.

Defense

C.H.R. Associates, Inc., doing business as Claridge House Nursing & Rehabilitation Center, responded to the allegations. They admitted Edward Jackson’s admission date and acknowledged operating under Chapter 400 of Florida Statutes. However, they denied most claims and demanded strict proof of the allegations.

In their affirmative defenses, they argued that the plaintiff failed to meet presuit requirements. They claimed Mr. Jackson’s injuries resulted from pre-existing or hereditary conditions beyond their control. The defense maintained that external factors, including actions by others, caused the damages. They contended that Mr. Jackson assumed all risks and failed to mitigate damages. They also asserted that no causal link existed between the facility’s alleged negligence and the plaintiff’s injuries. Lastly, they argued the lawsuit was barred by the statute of limitations and failed to state a valid cause of action.

Jury Verdict

On January 13, 2025, the jury found Kathy Duncan, APRN, negligent in causing harm to Edward Jackson. They awarded $145,000 to the Estate of Edward Jackson for past medical expenses. Additionally, the jury awarded $1,500,000 for pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, and loss of enjoyment of life. In total, the jury awarded $1,645,000. This elder care lawsuit served as a significant reminder of the severe consequences of nursing home neglect and medical negligence.

Court Documents:

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