Peter Southard died from a lack of water.

He died two days after leaving Whetstone Gardens & Care Center in 2005.

On Thursday, a Franklin County Common Pleas jury found that his care proved too much for the nursing-home staff and awarded $6.5 million to his family in a wrongful-death lawsuit.

A stroke had left the former Columbus lawyer debilitated, forgetful and always in need of water to drink.

“He could be told to take a drink of water and 10 minutes later forget the conversation,” said Gerald Leeseberg, attorney for Southard’s widow. “He lived moment to moment.”

Jurors found the nursing home solely responsible for Southard’s death, Leeseberg said.

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For more information, contact Attorney Benjamin Gideon at Berman & Simmons, 1-800-244-3576 or visit www.bermansimmons.com

DEQUEEN, Ark. – A Court in Sevier County decided today (April 17, 2009) that a family deserved $7 million for the neglect and wrongful death of its patriarch.

It was a record judgment for the county – the previous high was believed to be $1 million -but the family likely will never see any of the money.

“This was a terrible, terrible situation involving a man who was loved by many,” said Little Rock attorney Jeff Priebe, of Wilkes & McHugh, P.A. “Now they have closure, but they may never be compensated for their loss.”

John W. Minor, an 87-year-old DeQueen man, died after officials at a local nursing home neglected him to the point where his body was covered with 35 bedsores. The sores, many in advanced stages and infected, made it impossible to embalm his body when Minor passed away on May 2, 2004.

On Aug. 8, 2005, Minor’s family, including a wife, step-daughters and grandson, filed a lawsuit against the nursing home, Sevier Healthcare Inc., and its management company, Regional Management Inc., for negligence, violation of the Arkansas Long Term Care Resident’s Rights Statute, and wrongful death.

The suit details how Minor, who was admitted to Sevier Healthcare, 1206 West Collin Raye Drive, DeQueen, in August of 2002, also suffered from severe malnutrition, multiple urinary tract infections, pneumonia, severe dehydration leading to kidney failure and more. The injuries, “caused John W. Minor to lose his personal dignity and caused him to suffer extreme and unnecessary pain, degradation, anguish, otherwise unnecessary hospitalizations, emotional trauma, and death,” according to the suit.

The lawsuit alleges the defendants, among many other things, tried to maximize profits by reducing staffing levels below what was needed to provide adequate care to residents. They failed to provide adequate care for Minor, to the point where their actions were “grossly negligent, willful and wanton, outrageous, reckless, malicious,” according to the suit.

The family sought compensatory and punitive damages for medical expenses, pain and suffering, mental anguish, loss of life, and funeral expenses.

In a hearing today (April 17, 2009), the court, after hearing testimony from Minor’s family, ruled for $3.5 million in compensatory damages and $3.5 million in punitive damages.

It is unlikely the family will see any of that money, because the former owner and director of both Sevier and Regional previously filed personal bankruptcy.

Wilkes & McHugh, P.A. attorneys and Minor’s family learned this early in the litigation process, but saw the case through in an effort to bring awareness to the problem of nursing home abuse and neglect in the hopes of preventing others from receiving such horrific treatment, Priebe said.

“I wish that something could be done to help them,” Priebe said of his clients. “It’s not about the money. It’s about letting them have their day in court.”

The facility currently has a new name, is under new ownership and management, and was not involved in this case.

For more information, contact Attorney Benjamin Gideon at Berman & Simmons, 1-800-244-3576 or visit www.bermansimmons.com