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Case of the Month April 2018

Young Nursing Home Resident Suffers Brain Damage

Hinich v. Next Step Cmmunity Living LLC

Case Type:
Medical Malpractrice - Nursing Home
Medical Malpractrice - Inadedquate Care
Nursing Home - Negligent Supervision

Specific Liability:
Nursing Home Negligence

General Injury:
Brain Damage: Severe; Heart: Heart Attack; General Dysfunction

Jurisdiction:
State: Wisconsin
Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Related Court Documents:
Plaintiff's amended complaint: 2012 WL 13064738
Verdict form: 2017 WL 7692580

Case Name:
Hinich v. Next Step in Community Living, LLC; West Bend Mutual Insurance Company; Milwaukee Center for Independence, Inc.; Philadelphia Indemnity Insurance Company

Docket/File Number:
2012-CV-000272

Result Amount:
$8,308,165

Result Date:
April 26, 2017

Judge:
Rebecca F. Dallet

Attorneys:
Plaintiff: Robert D. Crivello, Cannon & Dunphy S.C., Brookfield, WI
Defendant: Michael J. Progar, Doherty & Progar L.L.C., Milwaukee, WI
Defendant: W. Patrick Sullivan, Siesennop & Sullivan, Milwaukee, WI
Defendant: David F. Andres, Siesennop & Sullivan, Milwaukee, WI

Result Type:
Jury

Experts:
Plaintiff: Not reported
Defendant: Not reported

Breakdown of Award:
Compensatory Pain & Suffering: $5,000,000
Compensatory Past Medical: $1,008,165
Compensatory Future Medical: $2,300,000
Total Compensatory Award: $8,308,165
Comparative Negligence Percentage: 0

Summary of Facts:
Jovan Hinich, a 28-year-old male nursing home resident with the mental capacity of a toddler, reportedly went into cardio respiratory arrest and sustained brain damage from an anoxic brain injury as he was transported from defendant Next Step In Community Living, LLC, where he lived, to defendant Milwaukee Center for Independence, Inc. as a result of being allowed access to a sandwich in a lunch bag. According to media sources, the plaintiff now requires 24/7 care and resides in a facility for those with brain injuries. The plaintiff's guardians alleged the defendants were aware that Jovan had difficulty swallowing food, required constant supervision during meals and snacks, and required all food to be cut into bite size pieces. They also contended the defendants were negligent in the hiring and training of their employees. The defendants each contended that the plaintiff failed to prove where Jovan obtained access to the sandwich. According to media sources, MCFI settled prior to trial for a confidential amount. The jury determined defendant Milwaukee Center for Independence was 60% negligent and defendant Next Step In Community Living, LLC was 40% negligent. The parties stipulated to the past and future medical healthcare expense awards.

Court: Circuit Court of Wisconsin, First Judicial District, Milwaukee County.

Westlaw Citation:
2017 WL 7735224