Summers v. Gallatin Center for Rehabilitation and Healing
Case Background
On August 07, 2020, Debbie Ann Bolton surviving child of Decedent, Ruth Clara Summers, filed a wrongful death lawsuit against Gallatin Center for Rehabilitation and Healing. The lawsuit alleged negligence by the nursing home in responding to the COVID-19 pandemic after an outbreak at the home which took the life of twenty-five residents including, 89-year-old Ruth Clara Summers.
The lawsuit was filed in the United States District Court, Tennessee Middle (Nashville). The case was assigned to District Judge Waverly D. Crenshaw, Jr and referred to Magistrate Judge Barbara D. Holmes. [Case number: 3:20cv683]
Cause
Ruth Clara Summers, 89, entered Gallatin Center for Rehabilitation and Healing in Gallatin, TN, in April 2019 for long-term care. She suffered from end-stage COPD and mild dementia. Less than a year later, the Covid-19 pandemic struck, hitting nursing homes hard. Gallatin Health, based in New Jersey, faced significant challenges.
On March 1, 2020, Tennessee reported its first Covid case. Eleven days later, an emergency was declared, leading Gallatin Health to restrict visitor access. On March 21, Summers felt unwell and contacted her daughter. The nursing home suspected a respiratory infection and prescribed an antibiotic.
Unfortunately, Summers did not improve. Two days later, she moved to a different room on another floor. The following day, staff considered testing her for COVID-19, though tests were scarce at that time.
On March 25, Summers’ condition worsened, and she struggled to breathe. The nursing home called 911 at 2:30 p.m., transferring her to the ER at Sumner Regional Medical Center. Her situation continued to decline. On March 27, testing confirmed she had Covid. A doctor informed her daughter that her mother’s condition was dire, and Summers was placed on a ventilator. Tragically, she died two days later, alone and in pain.
Summers was not the only victim at Gallatin Health; it became a Covid hotspot. Twenty-five residents died, and a total of 161 people, including staff, tested positive. A month after her death, the Tennessee National Guard conducted testing, evacuated the nursing home, and reopened it after cleaning.
These events led to numerous lawsuits, with 23 cases pending against Gallatin Health. The Summers estate, representing her daughter, was the first to file a lawsuit.
Damages
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Debbie Ann Bolton surviving child of Decedent, Ruth Clara Summers
- Counsel for Plaintiff(s): Clinton L. Kelly | F. Dulin Kelly
- Experts for Plaintiff(s): Dr. Mitchell Blass | Dr. Hana Tepper | Kay Holmes | Kris Benson
- Defendant(s): Gallatin Center for Rehabilitation & Healing, LLC
- Counsel for Defendant(s): Howard Hayden | Minton P. Mayer | Andrew Sheely
- Experts for Defendant(s): Dr. Scott Fridkin | William Boger
Key Counsel Remarks and Arguments
Clint Kelly, an attorney for Ruth Summers’ daughter, stated, “Gallatin failed to protect Ms. Summers. [They] failed to do [their] job.” He added, “They made conscious decisions that put residents like Ruth Summers at risk” during his opening statements.
Andrew Sheely, attorney for the Gallatin Center for Rehabilitation and Healing, remarked, “We’re here because of money. That’s why we’re here.”
Claims
Defense
Expert Testimony
Jury Verdict
The trial lasted twelve days in Gallatin and concluded on a Tuesday. After nearly six hours of deliberation, on July 30, 2024, the jury delivered a mixed verdict between 3:00 p.m. and 8:45 p.m. They found that Gallatin Center was negligent between March 6 and March 25, 2020. However, they also determined that this negligence did not cause the Plaintiff’s death. As a result, the jury did not address damages or whether the nursing home acted recklessly. Judge Thompson issued a defense judgment that aligned with the jury’s findings.
Post-trial Motions
The estate then moved for a new trial, emphasizing the judge’s role as the 13th juror in approving the verdict. They argued that Dr. Blass acted like a detective, concluding that the two staff members likely caused Summers’ exposure. The estate noted that these workers had close contact with the plaintiff while unmasked, despite having symptoms. Furthermore, the plaintiff criticized the defendant’s theory that asymptomatic staff or visitors caused the exposure, viewing it as speculative. They contended this was a rare case where the jury’s decision was unjust.
In response, Gallatin Health argued that the verdict was supported by evidence. They claimed the plaintiff’s exposure theory was speculative, particularly given that over 161 residents and staff had tested positive. The defense further asserted that exposure did not necessarily lead to infection. Overall, they maintained that the jury was attentive and delivered a fair verdict.
Judge Thompson held a hearing on the motion and ruled from the bench. He granted the new trial but did not provide a detailed written explanation in his final order on September 11, 2024. He simply stated that as the 13th juror, “the court” disapproved of the verdict due to its contradiction with the evidence. The case is expected to be reassigned to a new judge for retrial, although that had not occurred by the time of this report.
Court Documents:
Available upon request
Press Release:
NewsChannel5:
Gallatin COVID-19 wrongful death trial continues on Wednesday
Day 3 of the Gallatin COVID-19 wrongful death trial begins Thursday
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