Loss of Dignity: Sum of $904,200 Awarded in Eldercare Lawsuit

Lake Oswego, ORA milestone settlement was awarded on Monday, May 12 in an eldercare endangerment and abuse case against eldercare giant Avamere. The lawsuit was for an incident that took place at their Lake Oswego facility, The Pearl. The jury in this case awarded a record sum of $904,200 in a verdict believed to be the highest award ruled by an Oregon jury in an eldercare abuse case. The incident took place in April of 2006.

The late Elvera Stephan, then 86 years old, became a patient at the Lake Oswego eldercare facility after showing some signs of dementia. She moved in on April 8, and less than two weeks later, became confused and accused a caregiver of taking her car keys. A nurse from another wing called 911 and reported to emergency responders that the staff of The Pearl was in need of help. Before even examining Elvera Stephan, the nurse told 911 dispatchers that the elderly patient had become "extremely agitated," and "aggressive" and "threatening."

Lake Oswego police officers arrived on the scene, eventually laying the elderly patient on the floor, where handcuffs were placed on her and she was restrained for several minutes. After the ordeal, paramedics took Elvera Stephan to the hospital.

Stephan suffered minor injuries as a result, including bruising to her forehead and wrists and a twisted knee. The Pearl was fined $300 by the Oregon Department of Human Services for failing to intervene on the patient's behalf.

Disturbing surveillance video from the facility was reviewed as part of the investigation and presented as evidence in the trial. The video revealed that nurses at The Pearl did not bother to examine Elvera Stephan before contacting the authorities. It also showed that the nurses stepped aside as police officers took over, they failed to monitor Stephan's vital signs during her restraint and looked on as one employee held her ankles to the floor.

Stephan's family learned of the incident only after being told about it by the family of another patient at The Pearl. The family filed suit against Avamere in November of 2006 and a bitter battle ensued. The family sought $500,000 in punitive damages and $500,000 as compensation for Elvera Stephan's alleged loss of diginity. The family also sought to be reimbursed for all fees paid to the facility for her care.

Avamere attorneys fought the family's claims all the way to the bitter end, failing to reach a settlement through negotiation. The case went to trial in Multnomah County Circuit Court on April 29.

After only one day's deliberation, jurors awarded the family $400,000 to the family for the loss of Stephan's dignity, and $500,000 in punitive damages. The family was also awarded $4,200, equal to one month of care at The Pearl, for breach of contract.

"Avamere's conduct showed malice or reckless indifference," Kocher said. "Very few cases involving elders' rights or injuries in facilities make it to trial. This verdict is the strongest message from an Oregon jury about the safety and dignity of elders in our community that I am aware of."