Spangenberg Shibley & Liber Partners Nicholas A. DiCello and Dustin Herman won a $17.675 million verdict in July in a nursing home wrongful death case for two sisters who were fighting on behalf of their youngest sister.
The two sisters met with Spangenberg in March 2023, and Nick and Dustin filed the lawsuit the following September in Hamilton County. After years of preparation and the defendant refusing to take responsibility, Nick and Dustin took the case to trial.
“This wasn’t a settlement; this is a case that went to trial,” Nick said. “You’ve got one side saying the sisters should get nothing, and our side demanding something around $20 million. This is the pinnacle of trial practice: we’re going to put it in the hands of the jury.”
The Case
In January 2023, a 52-year-old woman who had multiple sclerosis (MS) was living in a nursing home. One morning, she had a significant change in condition, but her family was not notified and she was not taken to the hospital for over 12 hours. By the time she was sent to the hospital, she had a severe kidney infection and was in sepsis. Despite aggressive treatment in the hospital, she passed away.
Spangenberg overcame some challenges related to the sisters’ odds of winning:
- The decedent was unmarried and had no children.
- Her mother, suffering from late-stage dementia, was unable to participate in the trial.
Defense attorneys and insurance adjusters tend to believe that juries are less inclined to award significant damages in cases involving nursing home residents with progressive conditions such as multiple sclerosis – particularly when the beneficiaries are adult siblings rather than a spouse or children.
Highlighting the Human Element
Nick and Dustin knew the value of the loss in this case was significant and focused on the human impact. Through compelling testimony and careful storytelling, they demonstrated the profound role the woman played in her sisters’ lives, ensuring the jury understood the depth of the family’s loss.
“These sisters were more than just sisters. They were her caretakers and her protectors. The disease, as horrible as it was, brought these three women much closer than maybe they otherwise would have been, and I think the jury understood that,” said Nick.
An expert on the defense side testified that had the woman not gotten the infection, she was only going to live for four to six weeks anyway because of her MS. Nick and Dustin proved that was a ridiculous position for the defense to take.
The Results
Ultimately, the jury sided with the plaintiff. The damages awarded reflect the jury’s clear recognition of the harm caused by the nursing home.
“The two sisters had been fighting for their sister since the day she died. To have a jury tell them that they were right was very meaningful for them; it was a powerful moment in the courtroom. Nothing will ever take that moment away from them. These are just two regular folks who won against four law firms, two insurance companies, and a defense team of 15-20 people. That’s the majesty of the civil justice system in our country,” said Nick
