Professional Negligence Law Reporter

Ralph Jackson, 78, suffered from dementia, missing teeth, dysphagia, and behavioral problems. He lived at the Ohio Veterans Home, where he was to receive supervision while he ate. During a meal in the facility’s dining room, staff found Jackson unresponsive. He was taken to a hospital, where a bolus of chicken was discovered in his trachea. Jackson is survived by his adult daughter.

She sued the state of Ohio, alleging failure to properly supervise Jackson while he ate. This lack of supervision breached Jackson’s care plan, the plaintiff asserted, allowing him to put a large piece of chicken into his mouth.

The defense argued that Jackson did not suffer from swallowing issues.

The parties settled for $115,000.

Citation: Cordrey v. Ohio, No. 2018-01035JD (Ohio Ct. Cl. Mar. 12, 2020).

Plaintiff counsel: AAJ member Mark W. Napier, Cincinnati.

Plaintiff experts: Janet McKee, nutrition, Orlando, Fla.; Marlene Blackford, geriatric nursing, Hartville, Ohio; and Terrance Baker, geriatrics, Baltimore.

Defense expert: David Smith, geriatrics, Fort Worth, Texas.