STATE/COUNTY: Florida/Palm Beach County Courthouse
DATE OF VERDICT: March 16, 2007
NAME OF CASE: Linda Scheible,as Personal Representative of the Estate of Madeline Neumann, deceased vs. The Joseph Morse Geriatric Center, Inc., Jaimy H. Bensimon, M.D. and Jaimy H. Bensimon, M.D., P.A.
COUNTY FOR PLAINTIFFS: Jack Scarola of SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A. - W. Palm Beach, Florida
COUNSEL FROM McGRANE, NOSICH & GANZ, P.A.: James J. Nosich, Esq. and Justin Arnold, Esq.
AGE/SEX/OCCUPATION OF PLAINTIFF: 93 year old female
CLIENT OF McGRANE, NOSICH & GANZ: Internist, Jaimy Bensimon, M.D.
CAUSE OF ACTION: Linda Scheible, Personal Representative and Administrator of the Estate of Madeline Neumann, deceased, sued The Joseph L. Morse Geriatric Center and Jaimy Bensimon, M.D. for failing to comply with Ms. Neumann's end-of-life directives and wishes. As Ms. Neumann laid dying in 1995, paramedics arrived at the nursing home and began reviving her. She was rushed to Columbia Hospital, where she died six days later after a myriad of life saving measures, including having a breathing tube inserted in her throat despite the fact that Ms. Neumann had requested that such measures not be taken on her behalf via a Do Not Resuscitate Order.
DAMAGES: Plaintiff's experts testified that Madeline Neumann suffered from pain, suffering and mental anguish as a result of being intubated and being placed on a ventilator as compared to being able to die quickly and with dignity at the nursing home.
VERDICT: Defense verdict on behalf of Jaimy H. Bensimon, M.D.
COMMENTS BY JIM NOSICH: This was a case that was followed by the national media including the USA Today. Court TV ran every day of the trial live over the 3 weeks and included it in a three day open forum on its cable show regarding the potential effect of the defense verdict on end of life issues.