Jury awards $500k in Wrongful Death Case Against Colonial Oaks Nursing Home

Kees v. Colonial Oaks Nursing Home

Case Overview

In the wrongful death lawsuit Kees v. Colonial Oaks Nursing Home, the estate of Mary Kees alleged medical malpractice and administrative negligence in her care and treatment. The case was filed in Bossier Court, Louisiana.

Cause

Mary Kees, 87, was a resident of Colonial Oaks Nursing Home in Bossier City, operated by Priority Management. She suffered from dementia, osteoporosis, and was bedridden.

In March 2019, Kees was hospitalized for gallbladder disease and returned to Colonial Oaks on May 1, 2019. Although frail, she exhibited no signs of fractures or injuries upon her return.

However, within ten days, Kees began experiencing severe, persistent pain. On May 10, 2019, an X-ray revealed bilateral femoral fractures, though no explanation was provided for how the injuries occurred. During this time, she also developed painful bedsores.

Colonial Oaks arranged physical therapy through Progressive Physical Therapy. Despite her condition, Kees was subjected to therapy on one of her broken legs, causing her extreme pain. Evidence indicated that staff failed to administer her prescribed pain medication, with suspicions that the medication may have been diverted. This neglect severely worsened her condition.

Kees passed away on June 23, 2019, leaving behind four adult children.

Damages

The wrongful death claim sought compensation for Kees’ surviving family members, while the malpractice claim aimed to recover Kees’ medical expenses and non-economic damages.

Jury Verdict

The five-day trial concluded on December 6, 2024. The jury first deliberated on the nursing home malpractice claim. It found that Colonial Oaks breached the standard of care but determined that the breach did not cause Mary Kees’ bilateral femoral fractures or bedsores. It also dismissed allegations of fraud and claims that fraud contributed to Kees’ additional pain.

Next, the jury addressed the administrative negligence claim against Priority Management and ruled in favor of the defendants. It similarly found no violation of the standard of care by Progressive Physical Therapy. On the wrongful death claim, the jury ruled in favor of Colonial Oaks and Priority Management.

The jury awarded $200,000 each for pain and suffering and mental anguish, as well as $100,000 for loss of enjoyment of life. However, no compensation was awarded for medical expenses.

The jury assigned 100% of the damages to Colonial Oaks but did not complete the damage forms related to wrongful death or fraud.