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Falldown – Hospital – Patient Getting Out of Bed

Amount:

$35,000,000

Type:

Verdict-Plaintiff

State:

Virginia

Venue:

Newport News

Injury Type(s):

hip-fracture; hip
head-closed head injury

Case Type:

Falldown – Premises – Hospital Negligence –

Case Name:

Shirley Frazier Burrell v. Riverside Hospital, Inc., et al.

Date:

December 7, 2012

Parties

Plaintiff(s):

Shirley Frazier Burrell (Female, 87 Years)

Plaintiff Attorney(s):

Avery T. Waterman;
;
Newport News,
VA,
for
Shirley Frazier Burrell

Defendant(s):

Riverside Hospital, Inc., et al.

Defense Attorney(s):

Kelvin L. Newsome;
;
Norfolk,
VA,
for
Riverside Hospital, Inc., et al.

Defendent Expert(s):

Joel Bowers Radiology;
Bowie,
MD for
Riverside Hospital, Inc., et al.

Facts:

A Newport News jury awarded $3,500,000 to an 87-year-old woman for injuries sustained when she fell out of a hospital bed while recuperating from hip surgery. Liability and injury causation were disputed at trial. Plaintiff Shirley Frazier Burrell was admitted to Defendant Riverside Hospital, Inc., for hip repair surgery. The surgery was performed without incident. However, during her recovery, the 87-year-old woman slipped and fell while getting out of her hospital bed, necessitating a second surgery to repair a femur fracture. Plaintiff alleged that the hospital and personnel were negligent in failing to provide reasonable and prudent care. Plaintiff argued that her injuries could have been averted had the hospital placed her in a room closer to the nurses’ station, activated her built-in bed alarm and/or provided her with a sitter or soft restraints to keep her from exiting the bed unassisted. Defendant hospital denied liability and disputed the severity of the claimed damages. Based on the age of the plaintiff, defendant argued that future damages were limited. Defendant offered expert testimony regarding causation and liability.Plaintiff was an 87-year-old female.

Injury:

Femur fracture, mild closed head injury, subsequent stroke, and stroke extension into permanent hemiplegia due to repair surgery under general anesthesia.

Result:

$3,500,000

Trial Information:

Judge:

Timothy S. Fisher