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W.Va. Supreme Court Reduces Penalties in Lawsuit Against Charleston Nursing Home

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Supreme Court of Appeals of West Virginia

  The West Virginia Supreme Court has reduced a $91 million verdict to about $37 million against a Charleston nursing home in a former resident's death.

In a 76-page opinion Wednesday, justices ruled to limit damages against Heartland of Charleston.

A Kanawha County jury had found the nursing home failed to feed and care for Dorothy Douglas. The 87-year-old died 18 days after about a three-week stay in 2009.

Douglas' son, Tom Douglas, sued parent company Manor Care Inc. and related companies, alleging negligent treatment.

The nursing home's attorneys had called the $91 million award excessive and unfair. They said claims should have been subject to the state's $500,000 cap on noneconomic damages in medical malpractice lawsuits.

Attorneys for the family and the nursing home didn't immediately comment on the verdict.


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