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

If the Plaintiff won at trial, it requested a general sum of damages for the decedent’s pain and suffering. Additionally, if the jury found that Gallatin Health acted recklessly, they could impose punitive damages in a second phase.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Debbie Ann Bolton surviving child of Decedent, Ruth Clara Summers
  • Defendant(s): Gallatin Center for Rehabilitation & Healing, LLC

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

The estate claimed that the nursing home demonstrated a widespread pattern of negligence during the pandemic. They alleged that staff moved patients from room to room while they exhibited symptoms, rather than isolating them. Additionally, when patients returned from dialysis or other treatments, the nursing home did not quarantine them.

Furthermore, the staff members were not adequately screened for symptoms. Even when some showed symptoms, they were allowed to continue working. The estate also contended that the nursing home failed to enforce mask-wearing at all times and did not provide sufficient personal protective equipment (PPE).

Defense

The defense initially aimed to place the case in the context of March 2020. At that time, the world faced the first wave of a pandemic, and understanding of asymptomatic and pre-symptomatic spread was limited. Therefore, the defense argued that the case should be judged based on the knowledge available at that time.

Additionally, the defense addressed the issue of causation in multiple ways. They pointed out that Summers was at extremely high risk for severe COVID-19 due to her age and several co-morbidities. The defense also challenged the exposure theory, with Fridkin stating it was impossible to determine how Summers contracted the virus.

The defense contended that the nursing home, like the world, confronted a novel virus with unknown risks of transmission. In 2020, there were 100 million Covid cases and 1.2 million deaths, including 172,000 deaths in nursing homes. Gallatin Health highlighted that even two Presidents contracted COVID-19.

Thus, the defense argued that even with perfect adherence to protocols, Summers’ death was not foreseeable. They claimed there was nothing the nursing home could have done to prevent this tragic outcome.

Expert Testimony

The Plaintiff relied on several experts, with Dr. Mitchell Blass, an infectious disease specialist from Atlanta, GA, being the key witness. They also consulted Dr. Hana Tepper, an internist from Chesterfield, MO. Additionally, they presented Kay Holmes, an LPN, and Kris Benson, an RN, who served as both fact and expert witnesses. These two worked for the nursing home and were portrayed as whistleblowers.

Blass linked the causation theory to two workers who had close contact with Summers. He identified a housekeeper and the nursing home’s activity director, both of whom had contact with Summers after showing symptoms. Blass argued that it was more likely than not that exposure to these two individuals caused Summers’ infection and subsequent death.

In contrast, he maintained that if the nursing home had implemented proper screening and masking protocols, the outcome would have been different.

Gallatin Health’s primary expert was Dr. Scott Fridkin, a leading national authority in Infection Prevention and Epidemiology based in Atlanta, GA. He concluded that the nursing home not only met but also exceeded best practices at that time. As COVID-19 spread rapidly through nursing homes, effective tests and precautions were lacking, especially concerning asymptomatic transmission.

Fridkin explained that once COVID-19 entered a facility, there was no way to eliminate exposure without testing. He emphasized that the situation was challenging given the limited understanding of the virus.

Another expert for the defense was William Boger, an internist based in Franklin. Together, they supported the defense’s position regarding the challenges faced during the pandemic.

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