$5 Million Jury Verdict for Nursing Home Failure to Provide Resident Correct Soft Diet

Superior Care Homes resident Regina Tallent was 84 years old and suffered from Parkinson’s Disease, macular degeneration, hand contractures and cognitive deficits.

Her condition required one-to-one care and a mechanical soft diet to prevent choking. Over the course of one month, she experienced two choking incidents while eating a strawberry and a cherry tomato.

The second incident caused Tallent to turn blue and lose consciousness. While she was choking, a Heimlich maneuver was applied.

Two months later, while Tallent was eating a yeast roll, she choked again. She was wheeled to the nurse’s station where staff again performed the Heimlich maneuver. Despite efforts, Tallent died. She was survived by her adult daughter.

Tallent’s daughter sued the nursing home, alleging that the administration chose not to provide Tallent with a mechanical soft diet, investigate the first two choking incidents, create an updated care plan to address her condition, properly train staff, and adequately supervise a resident who was at high risk for choking.

The jury signed a verdict for $5 million, which included $4 million in punitive damages.

At trial, the Tallent family presented experts in nursing home administration, forensic pathology and forensic document analysis.

The attorneys successfully representing the Tallent family were Tad Thomas, Brian Jasper and Lindsay Cordes.

Mitchell v. Superior Care Homes, No. 17-CI-00577 (Ky. Cir. Ct. McCracken County, Jan. 10, 2020).

Kreisman Law Offices has been handling nursing home negligence lawsuits, nursing home staffing cases, nursing home abuse lawsuits and wrongful death cases for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Northbrook, Mount Prospect, Elk Grove Village, Glendale Heights, Carol Stream, Oak Brook, Westmont, Wheaton, Western Springs, LaGrange Highlands, Willow Springs, Justice, Darien, Woodridge, Bolingbrook, Lockport, Crest Hill, New Lenox, Mokena, Orland Park, Tinley Park, Hazel Crest, Harvey, Burr Ridge, Blue Island, South Holland, Skokie, Chicago (North Park, Avondale, South Old Irving Park, Belmont Cragin, Kelvyn Park, Belmont Gardens, North Austin, Humboldt Park, Ukrainian Village, Wicker Park, River West, Fulton Market, West Loop, Greek Town, East Garfield Park, Near West Side, Pilsen, Armour Square, McKinley Park, Armour Patch, Back of the Yards, Washington Park, Grand Boulevard, East Hyde Park, Auburn Gresham, Princeton Park, Cottage Grove Heights), Oak Lawn, Evergreen Park, Hometown, Bridgeview, Stickney, Franklin Park, Lincolnshire, Evanston, Waukegan and Prospect Heights, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.