MOUNT VERNON — Jack Huls, a resident of The Laurels Mt. Vernon, died Tuesday, Feb. 23, 2017 at 84 years old.
On June 24, 2022, a Knox County Common Pleas jury awarded Huls’ estate a $5 million settlement in Jack Huls’ negligence/recklessness lawsuit.
The complaint, filed in August 2018 by Huls’ estate, was against Laurel Health Care Company, Laurel Healthcare Holdings, Inc., The Laurels of Mt. Vernon, Oak Healthcare Investors of Mt. Vernon d.b.a. The Laurels of Mt. Vernon, ALG Lavie, LLC, LV CHC Holdings I, LLC, d.b.a. consulate health care, Whispering Hills facilities and consulate facility leasing.
The jury’s judgement found Oak Healthcare Investors of Mount Vernon d.b.a. The Laurels of Mt. Vernon and Laurel Healthcare Company to give the plaintiff $5 million in damages, after dismissing Whispering Hills from the case.
In the months leading up to Huls’ death, he was supposed to be receiving short-term rehabilitation so he could recover from a leg injury suffered October 2016 and return home, the complaint states, instead he died from infections caused by the caregivers who were morally and legally obligated to protect him, the complaint reads.
His estate argued this is “a negligence, recklessness, and wrongful death action involving Jack Huls’ care at The Laurels of Mt. Vernon.”
Before his death, Huls was a resident of Whispering Hills Care Center in October and November of 2016 after receiving surgery for a hematoma that developed on his leg caused by a fall at his home.
“At no time was Jack’s family made aware that he had any skin breakdowns or other significant problems while he was a resident of Whispering Hills,” the complaint states.
He became a resident of The Laurels of Mt. Vernon from December 2016 to February 2017, where Huls’ family believed his recovery would improve, the complaint states.
According to the complaint, it states Huls became “unresponsive” two days after entering The Laurels and was admitted to Knox Community Hospital with low blood pressure and dehydration. Afterward, he returned to The Laurels of Mount Vernon for short-term rehab.
Huls was identified as having stage two pressure sores while a resident of The Laurels, but the rehab center documented that those wounds had healed, the complaint states.
Huls’ family frequently complained that he was malnourished and dehydrated, though The Laurels staff continuously reassured the family he was improving and “there was nothing to worry about,” according to the complaint. It also noted that Huls exhibited numerous signs of infection, including severe stomach cramps, confusion and skin breakdown.
These symptoms went unaddressed at The Laurels, according to the complaint.
On Feb. 17, 2017, Huls’ family demanded a meeting with The Laurels after being concerned about his health. Allegedly, The Laurels staff reassured the family that “everything was going well and he was on the road to recovery,” the complaint reads.
Huls suffered several injuries afterward, with bruises and sores covering several areas of his body, the complaint states. The family discovered he had pressure sores on his body, wounds The Laurels had documented as healing that had in fact not healed, the complaint states.
Huls lost between 20 to 30 pounds while at The Laurels, according to the complaint.
His cause of death was determined to be C. Diff and sepsis, a bacteria that causes severe diarrhea and colon inflammation, according to the complaint.
Huls’ estate requested punitive damages in hopes of deterring the Laurels from “engaging in similar conduct in the future,” the complaint states.
“In an effort to persuade the families of patients requiring rehabilitation to become customers, Defendants make promises to the families of such potential residents that they will provide a level of care that they know they are incapable of providing,” the complaint reads. “The intent and outcome of this misleading practice is to cause residents, their families, and external care providers to believe the nursing facility is much better staffed than it is.”
The complaint also states “the Defendants and their medical and nursing staff provided care to Jack Huls that fell below the standard of care expected of medical care and nursing home organizations” and “As a direct and proximate result of the negligence described above, Jack Huls sustained permanent injury and loss including, but not limited to, conscious pain and suffering, disability, significant medical expenses and his untimely and wrongful death on Feb. 23, 2017.”
The defense responded to the complaint Sept. 7, 2018, denying all claims made by the Huls’ estate and requested the court dismiss the case, according to court records.
In the pretrial statement, the defendants don’t dispute that Huls was a resident but “that there were no breaches of the standard of care which proximately caused Mr. Huls’ injury or, ultimately, his death.”
After months of continuation, discovery motions and witnesses – the trial came to a close.
The defendants filed a motion for the court to vacate the judgement entry June 30, citing the judgement amount was not reduced to reflect the apportioned liability against each defendant to their proportionate share.
The defendants also anticipate filing post-trial motions and potentially an appeal to the Fifth District Court of Appeals, according to court records.
The plaintiff responded July 14 by saying, “There is simply is no rational or compelling basis for Defendants’ request to vacate this court’s judgement,” according to court records.
Further stating, “Plaintiff has been litigating this case for nearly five years, enduring years of motion practice and discovery. All of this culminated in their constitutional right to have this case decided by a jury of their peers. Defendant’s unsupported request to stay execution of the judgement in this case should be denied.”
Defendants have 14 days to respond to the plaintiff’s response, the court stated.
