$1.2M Award For Nursing Home Abuse Was Not Excessive, 10th Circuit Panel Determines

Mealey's (October 2, 2017, 10:37 AM EDT) -- DENVER — A district court did not err in refusing to reduce a $1.2 million compensatory damage award to comply with Oklahoma’s statutory cap of $350,000 because there is substantial evidence in the record to support the compensatory damage award in favor of the plaintiffs whose mother was abused while a patient in a nursing home and because the defendant failed to raise the statutory cap as an affirmative defense, the 10th Circuit U.S. Court of Appeals said Sept. 28 (Doris Racher, et al. v. Westlake Nursing Home Limited Partnership, et al., No. 16-6011, 10th Cir., 2017 U.S. App. LEXIS 18725)....