DELAWARE, Ohio — An eight-member jury in Knox County unanimously sided with Delaware Court Health Care Center and an attending physician on March 12, rejecting a $20 million wrongful death lawsuit that alleged negligent care led to the death of a rehabilitation patient, according to a statement from the defense law firm Poling Law.
The verdict came after an eight-day trial and fewer than two hours of jury deliberation, as reported by PRWeb. The case centered on a patient who had been admitted to the 75-bed facility for short-term rehabilitation following lower back fusion surgery. During a 48-day stay, the patient experienced three falls that the lawsuit alleged caused a compression fracture of the thoracic spine and ultimately contributed to the patient's death.
The plaintiff's attorneys at Michael Hill Trial Law had sought $20 million in damages, alleging negligence in care, violations of statutory nursing home resident rights, and wrongful death. According to the defense firm's statement, the jury found the defendants were not negligent, did not violate the resident's rights, and were not responsible for the patient's death. Jurors also determined that the plaintiff failed to establish that the patient sustained a permanent or substantial physical deformity or loss of a bodily organ system.
"This was an unfortunate situation for the patient and her family, and our thoughts remain with them," said Jennifer Myers of Poling Law, who represented the defendants. "However, the evidence presented during the trial demonstrated that the care provided by the nursing home staff and treating physician met the appropriate medical standards. The jury carefully reviewed the medical evidence and unanimously concluded that the defendants' care was appropriate."
According to the defense firm, expert witnesses testified that falls can occur even when proper care and fall-prevention protocols are followed. The defense also presented evidence regarding the patient's pre-existing osteopenia — a condition characterized by weakened bone density — as well as a prior multi-level spinal fusion in the lower back. Defense experts argued these underlying conditions placed significant stress on the thoracic spine, making it the more likely cause of the fracture rather than the falls themselves. Myers stated that evidence showed the patient's death resulted from underlying heart disease rather than injuries sustained from the falls.
The case, Estate of Nora Caruso, et al. v. Levering Management, Inc. d/b/a Delaware Court Health Care Center, et al., Case No. 20MM06-0141, was tried before Judge Richard D. Wetzel in Knox County Common Pleas Court.
CMS Inspection History
While the jury determined that the facility met appropriate care standards in this case, federal inspection records paint a more nuanced picture of Delaware Court Health Care Center's regulatory track record. According to data from the Centers for Medicare & Medicaid Services, the facility currently holds an overall rating of just 2 out of 5 stars — a below-average score that places it in the lower tier of nursing homes nationally.
The facility's health inspection rating stands at 2 out of 5 stars, reflecting a history of documented deficiencies. CMS records show a total of 53 deficiencies cited across 12 inspections on file. However, the facility scores considerably better in other metrics: its staffing rating is 4 out of 5 stars, and its quality of care measures earn a 4 out of 5 — both above-average marks.
Among the most recent deficiencies documented by CMS, a January 2024 inspection cited the facility for failing to provide appropriate pressure ulcer care and prevent new ulcers from developing, classified at a "D" severity level, indicating isolated incidents with potential for more than minimal harm. An October 2023 inspection flagged multiple concerns related to resident rights, including issues with managing residents' financial affairs and properly securing personal funds — both rated at "E" severity, meaning a pattern of deficiency with potential for more than minimal harm.
The same October 2023 survey also cited the facility for deficiencies in notifying residents of account balances and conveying funds upon discharge or death, as well as issues related to honoring residents' rights to refuse treatment and formulate advance directives.
Delaware Court Health Care Center operates as a for-profit corporation under the name Levering Management, Inc., according to court filings. The facility has 75 certified beds and is located in Delaware, Ohio.
Ownership & Operations
The facility operates under Levering Management, Inc., a for-profit corporation, according to both CMS records and court documents filed in the case. The corporate structure is typical of many small to mid-size skilled nursing facilities in Ohio. While the jury's verdict in this particular case cleared the facility and its physician of wrongdoing, the facility's below-average CMS overall rating suggests that families considering placement should review the full inspection record and visit in person before making care decisions.
Resources for Families
Families with concerns about care quality at any Ohio nursing home have several avenues for assistance and reporting. The Ohio Long-Term Care Ombudsman program investigates complaints and advocates for residents' rights. The ombudsman can be reached at 1-800-282-1206.
For those outside Ohio or seeking general guidance, the national Eldercare Locator hotline is available at 1-800-677-1116. Additional resources and information about long-term care ombudsman services in every state can be found at [ltcombudsman.org](https://ltcombudsman.org).
Federal regulations require nursing homes to maintain adequate staffing, follow fall-prevention protocols, and protect residents' rights. Anyone who suspects neglect or abuse at a nursing facility is encouraged to contact their state ombudsman or file a complaint directly with their state health department's survey and certification division.
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