HCR ManorCare disputes profit report, wants $91.5 million negligence award lowered or tossed

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Errors made during a nursing home negligence trial have prompted an attorney for HCR ManorCare to ask a judge to grant a new trial, lower the initial award or toss the case entirely.

A plaintiff attorney told the jury that HCR Manor Care made $4 billion in profit in 2009, when, in fact, that figure represented the giant chain's gross revenue. Heartland of Charleston defense attorney Brian Glasser, said that, HCR ManorCare — Heartland of Charleston's parent company — made $75 million in taxable income, or less than 2% of what the plaintiff alleged.

Attorneys representing a resident who died after living in the facility for less than three weeks “repeatedly mischaracterized Manor Care Inc.'s finances based on the tax return … for the sole purpose of inflaming the jury to award punitive damages,” the facility's attorney's argued, according to The Charleston Gazette.

The jury in the negligence case awarded Tom Douglas, the resident's son, $91.5 million. In addition, the deceased's sister was awarded $5 million, despite not being named a party to the lawsuit, the Gazette reported.