$6 Million Verdict Against Buffalo Center Nursing Home in Death of 83-Year-Old Resident

Darlene Weaver was 83 years old and a documented fall risk when she was placed in the care of Timely Mission Nursing Home in Buffalo Center, Iowa. In June 2017, she suffered a serious fall at the facility, fracturing her hip and shoulder. She did not survive.

Her children filed suit in Winnebago County District Court in November 2017, alleging the facility failed to protect their mother from falls despite knowing her history, neglected to monitor her appropriately, employed inadequate staffing, failed to take corrective action against an employee's abusive conduct, and mismanaged her medications. The complaint included claims of wrongful death, negligence, breach of contract, dependent adult abuse, and loss of consortium.

RSH Legal attorneys Pressley Henningsen, Brian Ivers, Benjamin Long, and Laura Schultes represented the family through a civil trial that began June 2, 2021, before District Court Judge James M. Drew. At trial the team presented evidence of systemic failures at the facility, including hiring and training deficiencies and a pattern of ignoring known risks to vulnerable residents.

The jury returned a verdict of $6 million: $2 million for pre-death pain and suffering, $1 million for pre-death loss of full mind and body, $1 million for loss of consortium, and $2 million in punitive damages. The punitive award reflected the jury's finding that the facility's conduct was reckless, not merely careless.

Timely Mission appealed, challenging the admission of certain evidence and the jury instructions given at trial. On June 21, 2023, the Iowa Court of Appeals reversed the verdict and remanded the case for a new trial, finding that prejudicial inadmissible evidence had been allowed before the jury. The underlying $6 million award was not affirmed on appeal; the case was sent back to the district court.