CENTRAL ARIZONA COLLEGE DIRECTOR OF HEALTH INFORMATION MANAGEMENT Administrative & Professional Jorgensen Brooks Group Counselor Health Care Dependable Health Services Physical Therapists Finance and Accounting Charles E. Gillman Company Accounting Specialist Mechanical Komatsu Equipment Co Resident Field Mechanic Health Care Sierra Tucson Eating Disorders Program Coordinator Sales and Marketing Everready Glass Sales Reps Tucson Region$6 million awarded to family of woman in care-home deathBut settlement will trump the jury's amount
ARIZONA DAILY STAR
Tucson, Arizona | Published: 05.15.2008
The family of a woman who died of a morphine overdose was awarded $6 million by a Pima County jury.
The jury determined last month that 90 percent of the award should be paid by the nursing home that cared for 81-year-old Sylvia Culpepper, while 10 percent should be paid by Tucson Medical Center.
Culpepper, who had been living independently, twisted her back at home in early December 2003 and was sent to the hospital to make sure there wasn't a fracture. She was diagnosed with sciatica, prescribed morphine for her pain and discharged to ManorCare for recovery.
Culpepper was initially prescribed 15 milligrams of morphine twice daily, an amount that was doubled two days later. When she was transferred to the nursing home, both orders went with her. Manor Care staff, the lawsuit alleged, failed to notice the mistake and gave her both dosages twice a day.
Brad Astrowsky, a Phoenix-based attorney representing the family, said the jury blamed the nursing-home operators for failing to recognize morphine intoxication and to respond to her overdose.
"ManorCare gave her the morphine and within 24 hours of getting that dosage, she was dead. They weren't watching her," he said. Nurses testified in depositions that the facility was understaffed, he said.
"The lesson in all of this is that you shouldn't get transferred to a nursing home on the weekend because the quality and quantity of the nursing staff is very often less than you would find during the week," Astrowsky said.
ManorCare released a statement after the settlement, extending sympathy to the family, but noting the settlement was not an admission of negligence and pointing out that the case happened four years ago.
"We feel we have appropriate measures in place to provide quality care in a safe and comfortable environment," the statement reads, adding that the home, 3705 N. Swan Road, was not cited by state regulators for short staffing.
The family won't actually see all of the award money. The morning the trial was set to begin, ManorCare settled for an undisclosed amount. That agreement trumps the jury award, although TMC will still have to pay.
● Contact reporter Rhonda Bodfield at 573-4118 or at rbodfield@azstarnet.com.
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