Idaho jury returns $18 million verdict in wrongful death case

By Daniel Hawn

Published on May 25, 2006

According to the lawsuit, Delbert Hayward died as a resident of Valley Vista Care Center in St. Maries after being overmedicated with the prescription drug Haldol. Hayward died in February 1995, approximately one year after he was admitted to the nursing home. The lawsuit also included allegations that Hayward was abused by Valley Vista staff members.

Richard C. Eymann, an attorney for Hayward’s son, said that Hayward was administered Haldol, a drug commonly used to treat symptoms of schizophrenia, in an effort to control him after he attempted to leave the nursing home. Eymann also said that Valley Vista workers were guilty of violating more than 700 federal nursing homes guidelines.

After three weeks of testimony and arguments, the jury found in favor of the plaintiffs by a count of 11 to 1.

Following the trial, Valley Vista’s chief executive, Scott Burpee, said the company affirms the care it provided to Hayward. He contended that evidence was misconstrued during jury deliberations and said the verdict will be appealed.

Prior to the trial, a judge dismissed the lawsuit’s claims of wrongful death and contract infringement. In 2001, however, the claim of wrongful death was reinstated by the Idaho Supreme Court.

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