Thursday, February 27, 2014

Court affirms judgment in Presque Isle nursing home case

In a 3-2 decision on Thursday, the Maine Supreme Judicial Court affirmed the vote of an Aroostook County jury in a case brought by representatives of the estate of a Fort Fairfield woman against a nursing home that they believe was negligent in caring for the woman prior to her death.

The jury found in favor of the Presque Isle Nursing Home in September 2012, determining that the death of 85-year-old Vera Boulier was not the result of negligence on the part of the health care facility. Superior Court Justice E. Allen Hunter was the presiding judge.

The appeal of the civil case was heard in June 2013 when the Law Court was sitting at the Penobscot Judicial Center in Bangor. The Boulier estate was represented by Portland-based attorney Ken Hovermale. The nursing home was represented by Christopher C. Taintor of Portland.

According to Hovermale, Boulier, 85, was a resident at the facility and had a document charting her medical needs and requirements, called a “care plan.” While in the bathroom at the nursing home, Boulier fell and suffered injuries that eventually led to her death at a Bangor health care facility in January 2009.Supreme Judicial Court affirms judgment in Presque Isle nursing home case — Aroostook — Bangor Daily News — BDN Maine

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