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Nursing Home Loses $1.4M For Death of Violent Patient

A jury in Chicago has awarded the daughter of a former nursing home resident $1.4 million in compensatory damages after hearing evidence that the facility failed to protect the man from his own violent behavior.

The Cook County Circuit Court jury deliberated for about 30 minutes before awarding Joyce LiFonti more than $1.4 million, her attorney, John J. Perconti of Levin & Perconti in Chicago, said in a prepared statement.

According to Perconti, 10 minutes after deliberations began, the jury asked whether it could award more money than LiFonti had requested.

Before the court could respond, the jury awarded the requested amount, including $3,546 in funeral expenses, $7,040 in medical expenses, $100,000 for pain and suffering, $100,000 for disability and disfigurement and $1.2 million for LiFonti's loss of society.

According to Perconti, the case involved LiFonti's father, Gillo Porcello, who suffered from dementia. Beginning in 1999, Porcello reportedly began to engage in acts of physical aggression while residing at Wedgewood Nursing Pavilion in Chicago.

On three separate occasions during the summer of 1999 he emptied the contents of a garbage can onto a nurse, threw his clothes at another nurse and hit another nurse in the arm.

In December of that year he became involved in a confrontation with another resident that culminated with Porcello striking out at the other resident with a butter knife, Perconti's statement indicated.

After that incident, Porcello's internist, Dr. Panduranga R. Koya, was notified that Porcello had received a cut over his eye. He was not advised, however, about Porcello's increasingly violent behavior, and a psychiatric evaluation was never performed.

Two weeks later, Dec. 13, 1999, Porcello became involved in an altercation with a fellow resident. During the fight, Porcello was pushed to the floor, resulting in fractures to his humerus, hip and three ribs.

Porcello eventually died from cardiac arrest. The coroner concluded that the stress and blood loss from the hip fracture were contributing factors in Porcello's death, LiFonti's attorney said.

LiFonti brought suit against Wedgewood, contending that the nursing home failed to assess and address her father's worsening behavior. She also claimed the facility should have notified Porcello's doctors of his behavioral changes.

At trial on those claims, which began May 18, 2005, two former nurse employees testified that the facility's failure to notify a psychiatrist of Porcello's behavioral changes would be a violation of the standard of care.

Dr. Koya also testified that the nursing home should have closely supervised Porcello. He said he would have immediately referred Porcello to a psychiatrist had he been advised of the behavioral changes.

Finally, LiFonti presented expert psychiatric testimony from Dr. Sanford Finkel, who told the jury that Porcello could not control his impulsive behavior and should have been evaluated and treated by a psychiatrist.

Finkel's testimony, Perconti said, was offered to demonstrate that Porcello was free from comparative fault.

Wedgewood reportedly countered with evidence that Porcello's behavior was normal for him and that he would calm down after each incident. The facility further contended that the altercations were Porcello's fault and that he understood his actions.

The defense presented no expert testimony at trial, LiFonti's attorney said.

After brief deliberations, the jury returned a finding of complete fault against Wedgewood.

The award exceeded LiFonti's pre-trial settlement demand of $500,000 and the nursing home's final settlement offer of $75,000, Perconti said.

Circuit Judge James M. Varga presided over the trial.