Qualls v. The Lantern at Morning Pointe

Case Background

Donald Qualls, who lived at a personal care home for only 12 days, passed away from a cerebral hemorrhage. His death followed multiple falls at the facility. In this wrongful death lawsuit, Donald Qualls’ estate, represented by his son, accused The Lantern and Independent Health Ventures (IHP) of negligence.

This lawsuit was filed in the Kentucky 20th Judicial Circuit Court. Judge Brian C. McCloud presided over this case. [Case number: 18-552]

Cause

Donald Qualls, an 84-year-old retired union carpenter, suffered from worsening dementia and lived at home with a private sitter. On October 20, 2017, his family decided to move him to The Lantern at Morning Pointe Alzheimer’s Center for Excellence, a personal care home offering residential memory care. The Lantern, a private-pay facility managed by Independent Health Ventures, does not provide skilled nursing or medical care. Qualls, vulnerable and reliant on others for daily care, was deemed suitable for the facility’s locked memory care unit. He stayed there for only 12 days.

On October 25, 2017, Qualls fell and struck his head. The fall caused a deep laceration requiring stitches, but a CT scan showed no internal injuries. He returned to The Lantern that same day. Two days later, he fell again in the dining room, and on October 28, he slipped on urine in his room and fell a third time.

On November 1, Qualls’ son Kevin, an attorney, visited the facility and signed an agreement acknowledging the falls. At that time, Qualls showed no signs of distress and even laughed and joked during the meeting.

The next morning, November 2, Qualls reported a headache at 4:00 a.m. Although stable at the time, he later became agitated and restless. By 6:30 p.m., his headache worsened, prompting staff to send him to Our Lady of Bellefonte Hospital. A CT scan revealed a large bilateral subdural hematoma. Without neurosurgical care available, Qualls was transferred to St. Mary’s Medical Center in Huntington, West Virginia.

Upon arrival, the hematoma had caused severe brain pressure due to herniation. No treatment options remained, and Qualls passed away the following afternoon, shortly after noon, due to cerebral hemorrhage.

Damages

The Estate pursued punitive damages against both Defendants, seeking to hold them accountable for their alleged negligence.

For compensatory damages related to personal injury, the Plaintiff requested $10,000,000 for Qualls’ pain and suffering. On the wrongful death claim, the estate sought reimbursement for Qualls’ funeral expenses, totaling $14,146. Additionally, they requested $168,000 for lost wages, which included income from Social Security benefits and his union carpenter pension.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Estate of Donald Qualls
    • Counsel for Plaintiff(s): Lisa E. Circeo | Hannah R. Jamison | Ross F. Mann
    • Experts for Plaintiff(s): Luanne Trahant | Dr. Dean Nickles | Dr. John Gaughn
  • Defendant(s):  The Lantern at Morning Pointe Alzheimer’s Center for Excellence | Independent Health Ventures
    • Counsel for Defendant(s): Emily W. Newman | Paul A. Dzenitis
    • Experts for Defendant(s): Kelli Bailey | Dr. Mark Elam | Dr. Timothy Kriss

Claims

In this lawsuit, Donald Qualls’ estate, represented by his son, accused The Lantern and Independent Health Ventures (IHP) of negligence. The claim extended beyond inadequate fall prevention, focusing instead on the facility’s failure to monitor Qualls after his falls and adhere to its own head injury policy.

Central to the case was the timing of Qualls’ brain injury. The plaintiff argued that the severe brain bleed developed days before the herniation, possibly up to a week earlier. They claimed that if The Lantern had properly followed its head injury protocol, staff would have detected and treated the bleed in time. Instead, the injury went unnoticed until the fatal herniation occurred at St. Mary’s Medical Center, by which point it was too late to intervene.

The lawsuit also alleged that these failures were not accidental but stemmed from systemic issues. The plaintiff contended that The Lantern operated with an insufficient budget and inadequate staffing to meet the needs of its high-dependency residents. As a result, residents like Qualls faced neglect, creating a hazardous environment that directly contributed to his injuries and death.

Defense

The Defendants argued that Qualls received proper monitoring and assessment throughout his 12-day stay at The Lantern. They noted that on November 2, 2017, when Qualls reported a headache and showed agitation, the staff promptly decided to send him to the emergency room.

The Lantern also maintained that its staffing exceeded the required standards. The Defendants rejected claims of gross negligence or outrageous conduct, asserting that the care provided to Qualls met appropriate standards.

Expert Testimony

The Estate supported its case with testimony from several experts. Luanne Trahant, a registered nurse from Pineville, Louisiana, provided insight into care standards. Dr. Dean Nickles, an internist from Piedmont, California, criticized The Lantern for failing to monitor Qualls after his first fall and neglecting to follow its head injury protocol. He argued that these failures prevented the timely recognition of the risk of a brain bleed.

As a rebuttal expert, Dr. John Gaughn, a radiologist from Richmond, Virginia, testified about causation. He stated that the hematoma was trauma-related and likely developed within a week of the herniation. Gaughn also asserted that the hematoma was not a spontaneous event on November 2, 2017. He concluded that the injury could have been treated if it had been detected earlier.

The defense presented testimony from several experts to support their case. Kelli Bailey, a personal care home operator from Independence, Kentucky, stated that Qualls had been properly assessed and placed at The Lantern. She also asserted that the facility had adequate staffing. Bailey emphasized that falls are not entirely preventable, as personal care homes prioritize residents’ independence, freedom, and dignity.

Dr. Mark Elam, a geriatric care expert from Chattanooga, Tennessee, also testified about the standard of care provided. He supported the defense’s position that The Lantern acted appropriately.

Dr. Timothy Kriss, a neurologist from Lexington, offered further insights. He testified that Qualls remained alert and stable as late as the evening of November 2, 2017, before being taken to the emergency room. Kriss concluded that the brain herniation at St. Mary’s Medical Center was a sudden and unexpected event.

Jury Verdict

The case was tried over ten days in Greenup. On October 23, 2024, it determined that The Lantern violated the standard of care for personal care homes, while IHP failed to meet the management company standard.

The jury attributed 30% of the fault for personal injury to The Lantern and the remaining 70% to IHP. It awarded $5.16 million in pain and suffering damages for personal injury. On the wrongful death claim, the jury found both Defendants liable and apportioned fault similarly. Damages for wrongful death included funeral expenses and lost wages.

The jury also imposed punitive damages, awarding $5 million against The Lantern and $11.6 million against IHP, totaling $16.6 million. The unanimous combined verdict amounted to $21,942,146.

Court Documents:

Available for purchase upon request