Articles Posted in Iowa

Two years ago, a North Iowa-based nursing home was hit with a stunning $6 million verdict in a lawsuit filed by the children of an 83-year-old resident from Buffalo Center.  Their nursing home lawsuit alleged unconscionable and intentional abuse. The jury’s landmark award gave the children $2 million for pre-death pain and suffering, $1 million for pre-death loss of full mental and physical capability, $1 million for loss of relationship, and $2 million in punitive damages.

The nursing home appealed – they always appeal – alleging the trial judge, Judge James W. Drew, mistakenly allowed evidence of one employee’s intentional abuse that was central to the claims, was hearsay.  Sadly, the Iowa Court of Appeals agreed this week and sent the case back to Buffalo Center for a new trial.

Facts of Timely Mission Nursing Home v. Arends

Below are example settlement amounts and jury payouts in Iowa medical malpractice and other personal injury cases.

Iowa Personal Injury Verdicts and Settlements

  • 2022, Iowa: $97,400,000 Verdict. A newborn boy was born via vacuum extraction. He suffered hypoxia and a skull fracture. The boy sustained permanent brain damage. He required lifelong round-the-clock care. The boy’s parents alleged negligence against the obstetrician. They claimed she improperly used forceps and a vacuum extractor, applied excessive force, and failed to consider performing a C-section. The Johnson County jury awarded $97,400,000, the largest malpractice verdict in Iowa history.

The Iowa Supreme Court reversed a Scott County District Court summary judgment ruling in an important discovery rule medical malpractice ruling.  This case,Rock v. Warhank, is a failure to diagnose breast cancer case, rejecting malpractice defense lawyer claims that Plaintiff should have known of her injury, for purposes of the statute of limitations, just because a doctor made her aware that her breast was not normal.

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