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Top 140 Cases

Our website describes only some of the cases that the attorneys at Marks Balette Young & Moss, P.L.L.C. have worked on in the past. The firm’s unparalleled commitment and dedication to excellence has resulted in numerous verdicts and settlements. A few of these are:

Case #	Result	Age	Case Summary	State
1	$160,000,000	81	Beaten by another resident	TX
2	$83,000,000	83	Pressure sores and dehydration	TX
3	$71,900,000	n/a	Understaffing	AR
4	$47,500,000	n/a	Zurich Insurance Partner w/ NH Chain	TX
5	$23,000,000	30	Product liability	TX
6	$13,500,000	90	Pressure sores	TX
7	$12,000,000	44	Improper intubation	TX
8	$9,750,000	72	Pressure sores, dehydration and pain	TX
9	$8,352,979	60	Cardiac tamponade	OK
10	$6,970,000	66	Pressure sores and infections	TX
11	$6,000,000	77	Restraint asphyxiation	TX
12	$5,700,000	70	Pressure sores	TX
13	$5,400,000	46	Fournier’s gangrene (penis) and death	WA
14	$5,400,000	93	Pressure sores	TX
15	$5,300,000	89	Pressure sores, dehydration and pain	TX
16	$5,000,000	99	Senior Living Center, Abandonment	AZ
17	$5,000,000	88	Pressure sores, pain and dehydration	TX
18	$5,000,000	74	Pressure sores and dehydration	TX
19	$5,000,000	79	Pressure sores	TX
20	$5,000,000	72	Pressure sores and dehydration	TX
21	$4,750,000	92	Pressure sores and pain	TX
22	$4,700,000	86	Pressure sores and dehydration	TX
23	$4,600,000	87	Abuse, fractures	TX
24	$4,250,000	69	Pressure sores and pain	TX
25	$4,100,000	64	Pressure sores and dehydration	TX
26	$4,000,000	83	Fecal Impaction	OK
27	$4,000,000	61	Rape	TX
28	$4,000,000	97	Pressure sores with maggots	TX
29	$4,000,000	66	Asphyxiation	TX
30	$3,900,000	75	Dehydration	TX
31	$3,850,000	82	Pressure sores	TX
32	$3,825,000	91	Pressure sores and infection	TX
33	$3,825,000	87	Pressure sores, malnutrition and pain	TX
34	$3,750,000	62	Pressure sore and pain	AR
35	$3,600,000	77	Trucking accident	AR
36	$3,600,000	73	Pressure sores, dehydration and pain	TX
37	$3,500,000		Pressure sores	TX
38	$3,500,000	73	Dehydration and pain	TX
39	$3,500,000	81	Dehydration and pain	TX
40	$3,450,000	86	Pressure sores and pain	WA
41	$3,400,000	55	Pipeline rupture caused hearing loss	TX
42	$3,400,000	52	Workplace injury	TX
43	$3,100,000	81	Pressure sores and dehydration	TX
44	$3,000,000	81	Pressure sores and sepsis	KY
45	$3,000,000	58	Pressure sores and pain	KY
46	$3,000,000		Pressure sores and dehydration	TX
47	$3,000,000	86	Pressure sores, dehydration and pain	TX
48	$3,000,000	58	Pressure sores, infection and pain	KY
49	$2,950,000	89	Pressure sores and dehydration	OK
50	$2,950,000	86	Pressure sores	TX
51	$2,900,000	87	Pressure sores and pain	TX
52	$2,900,000	82	Pressure sores	TX
53	$2,875,000	74	Pressure sores and infection	TX
54	$2,800,000	83	Pressure sores, dehydration, and falls	TX
55	$2,800,000	80	Pressure sores	TN
56	$2,776,396	76	Gangrene	TN
57	$2,750,000	97	Pressure sore and infection	KY
58	$2,650,000	81	Pressure sores and pain	NC
59	$2,634,404	45	Pressure sores and infection	TX
60	$2,600,000	85	Pressure sores, dehydration and pain	AL
61	$2,600,000		Pressure sores and dehydration	TX
62	$2,500,000	78	Fecal impaction, dehydration	OK
63	$2,500,000	78	Ventilator death	TX
64	$2,500,000	86	Pressure sores and pain	TX
65	$2,500,000	88	Fecal impaction and dehydration	TX
66	$2,500,000	82	Falls	TX
67	$2,500,000	87	Pressure sores	TX
68	$2,500,000	80	Asphyxiation	TX
69	$2,500,000	74	Pressure sores and sepsis	TX
70	$2,475,000	86	Cardiac arrest	TX
71	$2,400,000	85	Fall, Subdural hematoma, pneumonia	OK
72	$2,360,000	86	Falls and subdural hematoma	TX
73	$2,325,000		Pressure sores	TX
74	$2,300,000	76	Aspiration	TN
75	$2,300,000	74	Pressure sores and infection	TX
76	$2,300,000	85	Pressure sores	TX
77	$2,250,100	51	Lithium toxicity death	TX
78	$2,250,000	81	Pressure sores	TX
79	$2,250,000	80	Pressure sores	TX
80	$2,137,500	87	Pressure sores	TX
81	$2,100,000	91	Pressure sores and dehydration	TX
82	$2,100,000	89	Pressure sore	TX
83	$2,100,000		Misplaced G-Tube	TX
84	$2,000,000	84	Dehydration and fractures	TX
85	$2,000,000	70	Pressure sores and infection	KY
86	$2,000,000	74	Respiratory failure and UTI sepsis	TX
87	$2,000,000	Alive	Pressure sores and falls	TX
88	$2,000,000	77	Pressure sore	TX
89	$2,000,000	74	Pressure sore	TX
90	$2,000,000	77	Pressure sores and infection	TX
91	$2,000,000	81	Dehydration	TX
92	$2,000,000	82	Pressure sores	AL
93	$1,975,000		Pressure sores	TX
94	$1,950,000	82	Pressure sores and dehydration	TN
95	$1,900,000	74	Dehydration	TN
96	$1,850,000	58	Pressure sore and sepsis	TX
97	$1,850,000		Renal failure and dehydration	TX
98	$1,790,000	86	Pressure sores	WA
99	$1,700,000	73	Pressure sores and pain	TX
100	$1,650,000	81	Pressure sores and infection	WA
101	$1,600,000	91	Pressure sores	TX
102	$1,500,000		Pressure sores and pain	TX
103	$1,500,000	81	Anaphylactic shock	TX
104	$1,500,000	46	Pressure sores	TX
105	$1,500,000	65	Pressure sores	NC
106	$1,500,000	71	Pressure sores and dehydration	TN
107	$1,500,000	44	Improper intubation	TX
108	$1,475,000	85	Pressure sores and aspiration	WI
109	$1,475,000		Pressure sores	TX
110	$1,400,000	73	Pressure sores	TX
111	$1,350,000	93	Pressure sores and infection	KY
112	$1,350,000	86	Pressure sores	WI
113	$1,300,000	89	Dual leg fractures	TX
114	$1,300,000	91	Pressure sore	TX
115	$1,300,000	89	Pressure sores and falls	TX
116	$1,250,000		Infections and pain	TX
117	$1,200,000	66	Asphyxiation	TN
118	$1,200,000	85	Dehydration	TX
119	$1,200,000	73	Pressure sores and dehydration	KY
120	$1,200,000	79	Pressure sores	NC
121	$1,200,000	69	Dehydration	TX
122	$1,200,000		Pressure sores and contractures	TX
123	$1,100,000	84	Fall, Subdural hematoma	NM
124	$1,100,000	57	Pressure sores	AL
125	$1,100,000	80	Pressure sores	TX
126	$1,035,000	88	Urosepsis and gangrene	TX
127	$1,000,000		Pressure sores	TX
128	$1,000,000	92	Subdural hematoma	KY
129	$1,000,000	95	Pressure sores	KY
130	$1,000,000	75	Pressure sores	NC
131	$1,000,000	87	Pressure sores and infection	WI
132	$1,000,000	68	Pressure sore and dehydration	KY
133	$1,000,000	93	Pressure sore	TX
134	$1,000,000	81	Pressure sore	TX
135	$1,000,000	80	Pressure sores	TX
136	$1,000,000	88	Malnutrition and pressure sores	TX
137	$1,000,000	81	Renal failure and sepsis	TX
138	$1,000,000	90	Aspiration pneumonia and dehydration	IA
139	$1,000,000	85	Fall, UTIs	OK
140	$1,000,000	72	18-Wheeler Intersection Collision	TX

CASE HIGHLIGHT #1 Record Setting Settlement Announced ($23 million awarded for injuries causing paralysis)

HOUSTON – On August 3, 2009, the 2nd Judicial District Court of Cherokee County, Texas approved a record-setting settlement totaling $23,215,206.57 for a 32-year-old man who suffered paralysis when a defective air jack exploded while he was performing routine maintenance at the Stryker Creek Power plant in Cherokee County. According to Verdict Search, the settlement is the largest reported settlement in the United States involving a single individual suffering from quadriplegia.

CASE HIGHLIGHT #2 Largest Nursing Home Corporation in US Found Guilty of Gross Neglect and Causing Resident Death

Ruth Waites, an 83 year old dependent diabetic, was admitted to the Borger Nursing Center in June of 1993. She died on 10/29/94 suffering from a Stage 4 decubitis ulcer. It was alleged the pressure sore was due to neglect in the nursing home. They further claimed intentional fraud caused widespread injury to other similarly situated residents.

Untitled design - Neglect 4th largest nursing home

CASE HIGHLIGHT #3 Fourth Largest Nursing Home Chain Found Negligent in Case of Resident Death

On April 14, 2001, Marie Frances Larson, 77, was found hanged to death in a wheelchair lap restraint at Edgewater Care Center in Kerriville. Mrs. Larson’s daughter, Patricia Marie Schieber, sued Mariner Post-Acute Network, Inc. for negligence asserting that Mrs. Larson was placed in the restraint without consent or physician’s order and was not properly monitored. The plantif was awarded $6,000,000 in this case.

Our Other Notable Cases

Settlements and verdicts in all cases depend on various factors and circumstances which are unique to each case. Therefore, past results in cases are not a guarantee or prediction of similar results in future cases which Marks Balette Giessel & Young may undertake.

Why Institutions Love Lawsuits (And Why They Might Deserve To)

Introduction There is no doubt that litigation over the negligent occurrence of pressure sores has become very prevalent. Some of these cases can be categorized as frivolous, some are justly categorized as disputed, and others can be classified as clear liability cases. Obviously, the institution fights the frivolous claims and tries to settle those claims…

Resident was dehydrated, malnourished, had bed sores

FACTS & ALLEGATIONS Plaintiffs’ decedent Brenda Lowe, 82, entered a Bexar County nursing home on Nov. 16, 1998. The facility was owned by Summit Care-Texas Inc. Her medical history included congestive heart failure, hypertension, atrial fibrillation and a recent hip fracture that required a hip implant. Lowe’s physician ordered that the staff should turn and…

Nursing Home Resident With Violent History Attacks Roommate

In the third largest nursing home verdict in U.S. history, a Texas jury awarded $160 million to the family of an elderly man who was severely beaten by his violent and mentally ill roommate. After a two-week trial, jurors ruled against a West Texas nursing home accused of negligently pairing the aggressive roommate with Tranquilino…

NURSING HOME-WRONGFUL DEATH $6,000,000

Plaintiffs alleged that the nursing home and its employees attempted to cover up Ms. Larson’s death, and this was vehemently denied by Defendants. Defendants attempted to resuscitate Ms. Larson and contacted 911, and there was no evidence of any attempt to cover up Ms. Larson’s death or the circumstances surrounding her death. Furthermore, there was…

SENIOR LIVING PROPERTIES, L.L.C.,

In this adversary proceeding, Dan B. Lain, the Trustee of the Senior Living Properties L.L.C. (SLP) Trust, requests that the court declare that ZC Specialty Insurance Company (Zurich) was a partner with SLP in the ownership and operation of nursing homes in Illinois and Texas and that, as a partner, Zurich is liable for all of SLP’s…

Diabetic patient suffered severe dehydration at facility

FACTS & ALLEGATIONS Plaintiffs’ decedent Payton Moore, 75, resided in a nursing home for approximately one year before transferring to a different one in December 1999. The names of the facilities were not disclosed for this report. While Moore was residing in the first facility, his diagnoses were diabetes mellitus, left endarterectomy, two myocardial infarctions,…

Senior Living Properties, LLC Creditor Claimed Insurer Was Bankrupt Debtor’s De Facto Partner

On Aug. 8, 2003, plaintiff Dan B. Lain became trustee of the assets of bankruptcy debtor Senior Living Properties LLC (SLP), a nursing home company. Lain’s duties included liquidating the assets and using the proceeds to satisfy claims against SLP, including claims by unsecured creditors and personal injury claimants. Lain sued a surety of SLP’s,…

RAYMOND CARR, DECEASED

This case is submitted to you by asking questions about the facts, which you must decide from the evidence you have heard in this trial. You are the sole judges of the credibility of the witnesses and the weight to be given their testimony, but in matters of law, you must be governed by the instructions in this…

Plaintiffs alleged nursing home was routinely understaffed – Settlement $13,500,000

Plaintiffs’ decedent Dud Grover Bailey, 90, resided at Electra Healthcare Center from February 1992 until his death on Oct. 14, 2000. While there, his diagnoses included organic brain syndrome, neurogenic bladder with suprapubic catheter after prostate-removal, multiple strokes, myocardial infarction, hypotension, iron deficiency anemia, dementia with psychosis, skin breakdown, constipation and urinary tract infections. Alleging…

Our Public Advocacy

Improved Safety Measures

Requiring Nursing Homes to Adopt

Dorothy Cooper was a 62 year old nursing home resident who was repeatedly sexually assaulted by a nursing home employee. She resided at Terrace West nursing home in Midland, Texas. Because of a stroke and resulting paralysis she was wheelchair bound and dependent on staff for most of her needs.

Texas Health Enterprises, one of the largest operators of nursing homes in Texas, operated Terrace West nursing home. Its employee, Johnny Gordon, was a powerful, 6’2″, 200 lb male nurse aide with an extensive criminal history, having served time in the penitentiary for burglary and forgery. Mr. Gordon also had a history of physically abusing helpless nursing home residents. Approximately a year before being hired at Terrace West nursing home, he had been terminated from New Horizons nursing home for repeatedly abusing a helpless, wheelchair bound resident. Terrace West and New Horizons were both owned by Texas Health Enterprises.

Notwithstanding that its personnel director repeatedly recommended that it do so, Texas Health Enterprises kept no list of former employees who were ineligible for rehire due to abuse of a resident. He estimated that approximately three times a month, residents in Texas Health’s facilities were harmed by employees who had been rehired after having been previously fired for abuse and neglect of residents. Despite the known danger this practice created, the company refused to implement a registry system, citing expense as the reason. Interestingly, the company maintained a “worker’s compensation abuse registry” which had to be checked to determine if a job applicant had filed any medical claims against the company for on-the-job injuries.

As a consequence of Texas Health’s refusal to implement a system to prevent employment of job applicants who had been previously fired, Johnny Gordon was rehired at Terrace West. He was given unrestricted access to female residents, including Dorothy Cooper. As a nurse aide, Gordon’s job duties included cleaning and bathing female residents, usually without the presence of a female employee. Over a three month period, he repeatedly sexually assaulted Dorothy Cooper. In order to hide his predatory conduct, Gordon threatened to kill Ms. Cooper if she ever revealed his ongoing assaults.

Sadly, sexual assaults in nursing homes occur more often than people realize. The emotional scars that Dorothy Cooper carried with her until her death are testament to the need for more stringent hiring practices by the nursing home industry. Her story demonstrates the unwillingness of the industry to bear any responsibility for hiring practices beyond the minimum requirements imposed by the State of Texas. Dorothy Cooper and other nursing home residents like her need to be protected from predators that victimize vulnerable residents.

As part of the settlement of the lawsuit brought on Dorothy Cooper’s behalf, The Marks Firm required Texas Health Enterprises to implement a system to ensure that unfit and dangerous individuals are denied access to defenseless nursing home residents. The system was appropriately named the “Dorothy System.”

Under the Dorothy System, Texas Health Enterprises was required to create and maintain a registry of any person who, within the past five years, was terminated for abuse or neglect of a resident in any of its facilities. In order to create the database for the registry, Texas Health Enterprises was required to audit all personnel files at approximately 120 nursing homes for a 5 year period. Any individual who was determined to have abused or neglected a resident had to be entered into the registry. Thereafter, any employee who was determined to have abused or neglected a resident had to be immediately added to the registry. No Texas Health Enterprises facility could offer employment to any person listed in the registry. Prior to extending an offer of employment to any person in one of its facilities, the registry, maintained at central headquarters, must be checked.

Dorothy Cooper was a victim of the man who violated her and a victim of an industry that failed to protect her. We hope that through the required implementation of the “Dorothy System”, the tragedy that occurred in Midland Texas will never occur again.

Read more in “Legislation and Public Policy.”

Click for Dallas Morning News Article

Click for Sexual Assault Report

Legislation & Public Safety

In an effort to extend the protections of the “Dorothy System” to all nursing home residents in the state of Texas, Marks Balette Giessel & Young worked closely with the Human Services Committee of the Texas House of Representatives, 76th Legislative Session in helping author House Bill 3386. The bill was an outgrowth of Dorothy Cooper’s tragedy. Marks Ballette Giessel & Young assisted in drafting legislation to correct a problem in the regulatory system that contributed to the victimization of Dorothy Cooper.

Under House Bill 3386, the Department of Human Services will be required to check criminal histories by name and by social security number. In addition, the Department of Human Services will maintain a registry of all known abusers of nursing home residents. A separate registry of patient abusers has been proposed which maintains abuse and neglect histories for all health providers. House Bill 3386 also requires that all criminal history checks be submitted in type written form to avoid any legibility questions and typographical errors.

During the 75th Legislative session, our firm was actively involved in the passage of House Bill 413 and Senate Bill 190. The bills were sponsored by State Representative Harvey Hilderbran, District 53, during the 75th Legislative session. Prior to the passage of these bills, there was controversy within the judiciary regarding the admissibility of the results of nursing home investigations and surveys conducted by the Texas Department of Human Services. Lawyers for injured residents sought to admit the results of these investigations, along with the surveys, to show the nursing home’s knowledge of dangerous conditions identified by the State in its reports. These bills clarified the intent of the legislature to allow the results of the investigations and surveys into evidence. They also clarified the obligation of nursing homes to comply with state regulations governing the facilities.

David Marks, our firm’s founder, has been involved in legislative efforts to correct inadequate enforcement of nursing home standards by federal and state regulators for more than 20 years. In February 1983, he first appeared before the Senate Special Committee on Aging to testify about widespread neglect, abuse and preventable deaths in nursing homes. He also served as a member of the National Academy of Science, Institute of Medicine, Subcommittee on Nursing Home Regulation and Enforcement.

Testimony of David Marks: Hearing before Legislative Committee on Health and Human Services,
August 21, 1996

Testimony of David Marks: Hearing before Legislative Committee Human Services, April 6, 1999

At Marks Balette Giessel & Young, our concern for public health and safety and the protection of the most vulnerable members of our society means being actively involved in the arenas that shape law and public policy.

Our Lawyers Teach Other Lawyers

Because of our reputation and expertise, our attorneys are frequently asked to address legal organizations and to serve as faculty members for continuing education programs across the country. We have lectured in Boston, New York City, Philadelphia, Washington D.C., Lexington, Memphis, Nashville, Atlanta, Tallahassee, Orlando, St. Petersburg, Tampa, Boca Raton, Miami, Naples, New Orleans, Houston, Austin, San Antonio, Oklahoma City, Santa Fe, Phoenix, Las Vegas, Lake Tahoe, San Francisco, San Diego, Malibu, Detroit, Chicago and Toronto. Our lawyers have presented on college campuses, including Harvard University, The United States Military Academy at West Point, Grove City College, Catholic University, Florida State University, University of Florida, Stetson University College of Law, University of Georgia College of Law, University of Houston College of Law, South Texas College of Law, Texas State University College of Law and Pepperdine University School of Law.

Jacques Balette & Henry Giessel have served as adjunct faculty members at law schools, teaching trial advocacy and litigation skills. Henry taught at the University of Houston College of Law and Texas Southern University. Jacques taught at South Texas College of Law.

In addition to teaching lawyers and law students, our attorneys are frequently invited to teach nurses, physicians and other health professionals about the importance of complying with professional and regulatory standards designed to protect patients. We believe it is important to share our litigation experiences with attorneys, regulators and health care providers in an effort to improve public safety and prevent neglect and abuse of patients in hospitals and nursing homes.

Engagement with Advocacy Groups

Marks, Balette and Giessel is a proud supporter of The National Citizen’s Coalition for Nursing Home Reform, a non-profit advocacy group dedicated to improving the care and quality of life of all nursing home residents. Since its inception in 1973, the National Citizen’s Coalition for Nursing Home Reform has provided information and analysis on complex legal, legislative and regulatory issues surrounding long-term care issues. They actively monitor state and federal regulatory developments by intervening on behalf of consumers, whenever necessary. The National Citizen’s Coalition for Nursing Home Reform publishes the “Quality Care Advocate”, a bi-monthly newsletter with special reports.

Elma Holder, the founding director of The National Citizen’s Coalition for Nursing Home Reform, has been recognized for her work as an advocate for nursing home residents. Her motto has been protecting and empowering consumers who need long-term care not only saves the ones we love, but eventually…ourselves”. Ms. Holder’s role has been instrumental in effectuating more stringent standards for the past three decades.

For more information on The National Citizen’s Coalition for Nursing Home Reform, please click the image.