On April 7, 2011, James Romano, formerly a dynamic, primarily ambulatory and self-dependent 84 years of age, was confessed to a rehab center in Staten Island to recuperate from a fall in the house 3 days previously in which he fractured a thoracic vertebrae. It was expected he ‘d recuperate in about 2 weeks. He was positioned in a wheelchair to facilitate his healing however on April 14, 2011 he fell out of the wheelchair and sustained a hip fracture.
Unfortunately, Mr. Romano degraded and was never ever able to return home. He passed away at the rehab center 3 years later on on March 22, 2014.
Mr. Romano’s widow took legal action against the center and the Richmond County jury figured out that the center was irresponsible in stopping working to safeguard Mr. Romano from falling. The jury then granted discomfort and suffering damages in the amount of $6,000,000 for 3 years of discomfort and suffering
The trial judge bought that the award be lowered to $500,000. In Romano v. Clove Lakes Healthcare and Rehab, Inc. (2d Dept. 2024), the appellate court ruled that the trial judge’s decrease was too high and figured out that the decrease needs to have been to $1,000,000.
Here are the injury information:
- Displaced hip (femoral neck) fracture needing emergent partial hip replacement (hemiarthroplasty) surgical treatment
- 6 months of grueling physical treatment after which he might not stroll and was wheelchair bound completely
- Extreme and irreversible discomfort
Details:
- In closing arguments, complainant’s lawyer asked the jury to award $4,000,000.
- The defense argued that Mr. Romano recuperated from his hip fracture in 2 months, he had no continuous discomfort associated to the fracture which his failure to stroll was associated with his Parkinson’s and dementia.