Nursing home neglect alleged in N.H. trial

NASHUA, N.H., June 8, 2016 — Jurors heard opening arguments Tuesday in a civil trial that asks whether a New Hampshire nursing home neglected to properly care for an 84-year-old man, leading to his death five years ago.

The Berman & Simmons law firm represents the family of Byam “Bing” Whitney, Jr. in the wrongful death action against Kindred Healthcare, Inc., owner of Greenbriar Terrace nursing home and rehabilitation center in Nashua, N.H.

The trial is being held at Hillsborough County Superior Court South in Nashua, and is expected to conclude sometime next week. Judge Charles Temple is presiding.

Mr. Whitney, an 84-year-old U.S. Army veteran, retired businessman, and father of three daughters, was admitted to Greenbriar Terrace on March 27, 2011, following a weeklong hospital stay for a bout of pneumonia. The goal was for him to continue to recover his strength before returning home. But about three weeks later, according to court documents, Mr. Whitney was taken to the Emergency Department at St. Joseph’s Hospital. He was suffering from sepsis, a life-threatening illness caused by the body’s response to infection. Mr. Whitney died at the hospital on April 26, 2011.

Attorney Benjamin Gideon of Berman & Simmons, along with co-counsel David J. Hoey of North Reading, Mass., claim Mr. Whitney’s death was the direct result of neglect at Greenbriar Terrace. If staff at the nursing home had properly cared for Mr. Whitney’s bedsores and prevented them from becoming infected, he would not have died from sepsis, Gideon told jurors during Tuesday’s opening arguments.

Several media outlets covered the opening day of the trial. Click on the links to watch and read the coverage.

WMUR-TV, “Nashua Nursing Home Sued Over Man’s Death

N.H. Union Leader, “Wrongful Death Trial Involving Nashua Nursing Home Begins

Nashua Telegraph, “Wrongful Death Trial Underway