Case name: Vernon and Georgia Kohlwey v. Holy Family Memorial, Inc., et al.
Court: Manitowoc County Circuit Court
Judge: Jerome L. Fox
Injuries alleged: Past Medical Expenses, Past and Future Pain and Suffering, Loss of Society and Companionship
Amount sought at trial: $577,000
Highest offer: $0
Verdict: Jury verdict for defense
Original filing date: Aug.15, 2007
Plaintiff attorney: Paul J. Scoptur, Aiken & Scoptur, SC, Milwaukee
Defense attorney: Mark T. Budzinski, Corneille Law Group, Green Bay
Plaintiff experts: Terri Antionette, RN, Pennsylvania
Defense experts: Suzanne Ward, RN, Wisconsin
Insurance company: Physicians Insurance Company of Wisconsin
Defense counsel’s summary of case: Plaintiff, Vernon Kohlwey and his wife sued Holy Family Memorial Adult Day Services alleging that the staff at the Holy Family were negligent in assisting Mr. Kohlwey to the bathroom causing him to fall and fracture his hip. Mr. Kohlwey had multiple co-morbidities including gait instability and chronic obstructive pulmonary disorder. He was being assisted by two nursing assistants, but had breathing difficulties and asked a staff member to retrieve his inhaler. Mr. Kohlwey subsequently fell and fractured his hip. The hip fracture was surgically repaired and the plaintiff was placed in a nursing home for an extended period of time. Plaintiffs contended Mr. Kohlwey never fully recovered.