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Fireman's Fund Insurance Co. v. Evergreene Properties of North Carolina

November 19, 2007

FIREMAN'S FUND INSURANCE COMPANY, MEDICAL LIABILITY MUTUAL INSURANCE COMPANY F/K/A HEALTHCARE UNDERWRITERS MUTUAL INSURANCE COMPANY PLAINTIFFS
v.
EVERGREENE PROPERTIES OF NORTH CAROLINA, LLC DEFENDANT



The opinion of the court was delivered by: James M. Moody United States District Judge

COURT'S FINDINGS OF FACT AND CONCLUSIONS OF LAW

Following a bench trial on April 23, 2007, the Court makes the following findings of fact and conclusions of law.

Findings of Fact

1. Plaintiffs provided coverage to Defendant Evergreene Properties of North Carolina, LLC ("Evergreene") pursuant to policies of liability insurance which were in effect from January 15, 2000 to January 15, 2001.

2. Dr. Stephen D'Amico, the designated medical expert for the Estate of Thompson in the lawsuit filed against Evergreene in the Circuit Court of Lee County, Arkansas, Case No. ClV 2003-42 (the "Nursing Home Suit") indicated the following acts/omissions and injuries to ldella Thompson in the course of her residence at Crestpark Retirement Inn of Marianna:

A. Failure to adequately respond to symptoms of Gl Bleed experienced by Ms. Thompson, which resulted in her death on June 30, 2001;

B. Failure to adequately respond to symptoms of pain expressed by Ms. Thompson, which resulted in a decreased chance of survival of her left leg which was amputated in March 2001;

C. Failure to adequately address multiple urinary tract infections suffered by Ms. Thompson over the course of her residence at Crestpark;

D. Failure to adequately address multiple episodes of Ms. Thompson's engaging in "finger-painting" with her own feces, which likely in turn resulted in an e coli infection of Ms. Thompson's left toe in March 2001.

E. Failure to adequately address symptoms of pneumonia prior to Ms. Thompson's hospitalization for pneumonia and congestive heart failure in March 2001.

3. With regard to the allegation of failure to properly respond to GI Bleed, Dr. D'Amico opined that the facility failed to respond to symptoms of GI bleed from May 2001 until June 30, 2001, the date of Ms. Thompson's death.

4. Ms. Janice Kindrick, who was hired as a nurse consultant by defense counsel for Evergreene, authored a report entitled "Chronology of Events Leading to GI Bleed" in the course of her evaluation of the case at the behest of defense counsel.

5. Ms. Kindrick's report summarizes facility chart entries which she found indicated symptoms of GI Bleed beginning on May 19, 200l.

6. Ms. Kindrick's report concludes that the facility did not meet the standard of care with regard to Ms. Thompson's GI bleed, and that the failure ...


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