SIDNEY – For over three years, Maribeth Bolcavage has been trying to find justice for the wrongful death of her father in the hands of Fair Haven Shelby County Home.
On Wednesday, she received it from a Shelby County Common Pleas Court jury in the form of $2.4 million in damages.
On Feb. 3, 2020, James McGough fell in his room at Fair Haven Shelby County Home and was left untreated for a subdural hematoma. Twelve hours after his fall, he was found unresponsive and was taken to the emergency room at Wilson Heath.
It was discovered that so much blood had collected between his brain and his skull that it caused a shift of his brain from the center to the left side of his head. He died shortly after this discovery.
McGough’s daughter, Maribeth Bolcavage, filed a complaint with the Shelby County Common Pleas Court in July of 2021 and began a long journey through the legal system to bring this case to rest.
There was a trial set for January 2023 that ended in a mistrial.
A second trial was set for earlier this year, but a continuance was set because new video evidence was brought to the case.
The jurors were unanimous in their decision to grant Bolcavage $1.2 million in damages, including the loss of life, the impact of that loss and the mental anguish on the next of kin.
They were also called to deliberate the amount owed in punitive damages after Fair Haven employees falsified McGough’s records six days after his passing. The jury unanimously decided to award Bolcavage another $1.2 million.
“We are pleased that the jury recognized the need for justice on behalf of James McGough and his family,” said Eric Kiser and Lou Schneider of Thomas Law Offices. “While this verdict cannot change the tragedy and loss in the McGough family, it represents accountability and a significant step in preventing similar tragedies at Fair Haven Shelby County Home and other homes like it.”
The projected four-day trial began on Monday with Bolcavage taking the stand as the first witness. She told the jury about the catalyst for her decision to bring him to a nursing home after five years of living with her.
Bolcavage and her father were both witness to a tragic fire that killed her grandsons and his great-grandsons, Landin Caudill and Dalton Shank, in 2019. This resulted in PTSD for both Bolcavage and her father, which made caring for him more difficult for both of them.
McGough was also weakened by a high level of carbon dioxide in his system due to respiratory issues. He had fallen twice at home and after that time, Bolcavage testified she felt safer leaving her father in the care of a nursing facility.
Admitted in November 2019, McGough fell on Jan. 10, 2020, and his family was not notified. Fair Haven has policies in place that state there must be changes made to the care plan for each patient after a fall. This did not happen.
McGough’s second fall during his stay happened on Jan. 20, 2020. This fall was so severe that he was taken to the hospital and had to have staples put in his head. There was no change to his care plan after this fall either.
After his third fall, the family was notified. Once at the nursing home, McGough’s family asked if he was okay, and they were assured by staff that he had received an x-ray and was alright. It was discovered later that he was not x-rayed.
Bolcavage testified that she asked if they called 9-1-1 and they said that was not necessary. She was still concerned and asked if she could take him herself. She was told by staff that they would not save his space in the nursing home if she took him to the hospital. He was found unresponsive in the morning and was finally taken to the emergency room. A CAT scan showed that his brain was filled with blood, and it was too late to save him.
Three other witnesses were called to the stand. Two of those witnesses were former Fair Haven employees and the third was Dr. Timothy Beck.
Dr. Beck is a practicing physician who also consults in legal matters, specializing in nursing home abuse and neglect. He was called to review the documents provided by Fair Haven to see if he could find proof of a case.
“Fair Haven was in violation of federal law, standard of care and their own policy and procedure,” Dr. Beck said.
The defense, led by Timothy Cleary, rebutted almost nothing.
After three days, the consensus was clear and Bolcavage saw the justice she had been seeking.
Reach Sidney Daily News reporter Anna Edmiston at 937-538-4825.
