Jarmon v. Creekstone Center for Rehabilitation & Healing

Case Background

Adonis Jarmon, as administrator of Lucy Jarmon’s estate, sued Creekstone Center for Rehabilitation and Healing for medical negligence. He claimed that Creekstone’s negligence, including failing to monitor her blood sugar and administer insulin, caused a hypoglycemic episode that ultimately led to her death.

The lawsuit was filed in the 20th Judicial District Circuit Court, Tennessee. Judge C. David Briley presided over this lawsuit. [Case number: 21-2053]

Cause

In November 2020, 78-year-old Lucy Jarmon was in poor health. She had terminal cancer, Type 2 diabetes, and was dependent on insulin. Her adult son, Adonis, served as her full-time caregiver. To give him a break, he arranged a five-day stay for his mother at Creekstone Center for Rehabilitation and Healing, a nursing home in Madison, Tennessee.

Adonis took great care in managing his mother’s health. Before dropping her off at Creekstone on November 21, he labeled her insulin and handed it over to the nursing staff. When he picked her up on November 26, he found her in the midst of a hypoglycemic episode. Her blood sugar had not been checked, and the medication was not administered. Creekstone’s failure to monitor her blood sugar levels and deliver the insulin led to the incident.

Injury

Afterward, Jarmon was hospitalized for five days. Evidence showed that this caused her pain and suffering, along with the humiliation of being in the hospital. She passed away just a few weeks later, on December 24, 2020.

Damages

The hospital bill amounted to $63,134. The Plaintiff requested payment for the medical bills, which were stipulated, along with compensation for Jarmon’s pain and suffering resulting from Creekstone’s negligence.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Adonis Jarmon as Administrator of Lucy Jarmon’s Estate
    • Counsel for Plaintiff(s): Richard D. Piliponis | Hannah N. Garrett
    • Experts for Plaintiff(s): Dr. Jonathan Klein
  • Defendant(s): Creekstone Center for Rehabilitation and Healing
    • Counsel for Defendant(s): Howard B. Hayden
    • Experts for Defendant(s): Dr. William Boger

Claims

Adonis, acting as administrator, filed a lawsuit against Creekstone. He claimed the staff’s negligence caused harm by failing to monitor Jarmon’s blood sugar levels and administer her insulin. This failure led to the hypoglycemic event and her subsequent hospitalization.

Defense

Creekstone agreed with the assessment and admitted liability. However, the facility downplayed the claimed injury, arguing that the effects on Jarmon were minimal. They pointed to her other health conditions as a factor in her overall condition.

Expert Testimony

The Plaintiff’s expert was Dr. Jonathan Klein, a geriatrician from Falls Church, VA. He testified that Jarmon experienced pain and suffering, required hospitalization and that the hypoglycemic event caused kidney, muscular, and brain damage. The defense expert, Dr. William Boger, was an internist from Spring Hill, TN.

Jury Verdict

The court tried the case over three days in Nashville. The jury focused solely on damages. The defense had already stipulated to the medical expenses of $63,134, which were included in the verdict form. This left the jury to determine the non-economic damages.

On November 20, 2024, the jury awarded an unusual sum of $284,000. The total verdict for the Plaintiff amounted to $347,134. The court entered a consistent judgment based on the jury’s decision.

Post-trial Motion

Creekstone Center later filed for JNOV relief and/or a new trial. It raised two main arguments. First, it claimed that the plaintiff’s expert, Klein, made an error by testifying beyond his disclosure. Klein had only indicated that Jarmon suffered pain, suffering, and loss of dignity, but at trial, he also stated that the event caused Jarmon kidney, muscular, and brain damage. His testimony, particularly his remark, “The damage is done,” influenced the jury and contributed to the large verdict.

Second, Creekstone argued that the verdict was excessive for a five-day hospital stay. It pointed out that the $284,000 award amounted to $56,800 per day for Jarmon’s suffering. Creekstone contended that the case was about fair compensation, not a windfall for the plaintiff. The estate stated that separating the specific types of damages after the fact would be improper, as the non-economic damages were intended to be general. The JNOV motion is pending.

Court Documents:

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