Jury awards $18 million in elder abuse
A Benewah County jury awarded $18 million in punitive damages Wednesday to the family of an 86-year-old St. Maries man it agreed was abused and medicated to death at a North Idaho nursing home.
Jurors deliberated for less than five hours in the case that pitted the family of Delbert Hayward against owners of the Valley Vista Care Center, the St. Maries nursing home where he died in February 1995. The verdict capped a three-week trial that was the culmination of more than a decade of lawsuits and appeals, including two hearings before the Idaho Supreme Court.
Lawyers representing Alfred Hayward, the victim’s son, argued that staff at the Valley Vista Care Center committed more than 700 violations of federal nursing home regulations while caring for Delbert Hayward. They contended that the man, described as feisty but frail, was controlled, abused and eventually killed with repeated administration of the drug Haldol, a powerful anti-psychotic medication.
“This jury verdict sends a message to the entire nation,” said Spokane lawyer Richard Eymann, who represented Alfred Hayward. “Nursing home abuse, including the use of sedating or mind-altering drugs to profit off senior citizens, will not be tolerated. It is our hope that the verdict will help change the culture in nursing home care.”
Scott Burpee, chief executive of Valley Vista Care Center and several nursing homes throughout Idaho, said information “somehow got twisted around” during the jury’s deliberations.
“We still stand behind the care we gave to Mr. Hayward,” he said. “We give good care. I don’t think there’d be any doubt about that. This kind of thing makes it look like we’re not.”
The 11-to-1 verdict was reached by a jury of 10 women and two men, said Eymann. He had sought $20 million in punitive damages. Co-counsel on the lingering case included lawyers Debra Stephens and Sandra Cody.
“It’s been a very long and hard battle,” Eymann said.
Delbert Hayward died in 1995 after living almost a year at Valley Vista. His son contended that Delbert, who tried to escape from the facility, was falsely imprisoned at the St. Maries nursing home. The elderly man thought his late wife had been mistreated at the center, according to published reports.
Alfred Hayward filed claims for wrongful death and breach of contract, both of which were dismissed in district court. The Idaho Supreme Court upheld the breach of contract dismissal but reinstated the wrongful death case in 2001.
In the meantime, Burpee expanded Valley Vista operations, earning state awards for excellence in care, the owner said.
Burpee said his lawyers will appeal the district court ruling.
“I don’t think there’s any doubt about that,” he said.