2002Pearl Taylor v. U.S.A. and Confidential Nursing Home, U.S. District Court, Norfolk (2002)
99-year-old woman developed a Stage IV sacral decubitus ulcer due to the combined negligence of the Nursing Home, the attending physician, and his nurse practitioner. Upon discovery of the wound, plaintiff’s family removed her from the facility, sought appropriate medical care, placed her in a better facility, and after several months the wound healed. Suit originally was filed in State court against both the Nursing Home, and also the physician and his nurse practitioner, both employees of Eastern Shore Rural Health Systems, Inc., which also was a defendant. It was removed to federal court by Eastern Shore as, unbeknownst to plaintiff and not discoverable beforehand, this defendant was a participant in the federal malpractice insurance program created by the Federally Supported Health Centers Assistance Act, 42 USC 233; hence, the sole remedy against Eastern Shore and its employees is under the Federal Tort Claims Act. Dismissal was stipulated allowing plaintiff to pursue her administrative remedies under the FTCA and, immediately upon their exhaustion, she filed suit against the United States and Nursing Home. The United States offered judgment, and Nursing Home settled for the remainder. Medical bills totaled $14,341.49. Settlement amount: $125,000.00.