In any Virginia personal injury claim, a plaintiff not only has to prove that the defendant acted with negligence or intent, but also that the plaintiff sustained compensable damages. In some cases, a defendant’s conduct may be so egregious that the plaintiff may be able to recover punitive damages in addition to compensatory damages. Punitive damages are generally very substantial, as they are designed to deter similar future conduct.
In one recent case, a court upheld an award of punitive damages of over $4 million in a nursing home neglect case. The plaintiffs brought their claims against a nursing facility after three residents died at the facilities in a “vent unit.” The vent unit was designed for ventilator-dependent patients. The plaintiffs claimed that the residents died due to inadequate staffing and a lack of supplies in the vent unit.
The evidence presented indicated that one resident’s breathing apparatus was detached without any alarm going off. Another resident was found dead with his ventilator and its alarms turned off. The third resident’s tracheostomy tube was not properly replaced after it had been removed by nursing home staff. The plaintiffs claimed that all three deaths were caused by inadequate staffing and a lack of supplies.