FOR IMMEDIATE RELEASE

January 14, 2022

Contact: Eric W. Boyer, Esq.
Managing Partner
305.670.1101 Ext. 1023
Email: eboyer@qpwblaw.com

QPWB MEMPHIS TRIAL ATTORNEYS GET BINDING ARBITRATION AWARD
FOR SKILLED NURSING FACILITY

Whitney Horak

Minton P. Mayer

MEMPHIS, Tenn. ― Quintairos Prieto Wood & Boyer P.A. (QPWB), trial attorneys Minton P. Mayer and Whitney Horak obtained a complete defense arbitration award on behalf of their client, a Tennessee skilled nursing facility. A former resident, through his power of attorney, filed suit alleging that the facility did not follow orders for the resident to be non-weight bearing to the left lower extremity following an amputation of two toes, resulting in a transmetatarsal amputation impairing the resident’s ability to ambulate. Plaintiff was claiming significant economic and noneconomic damages and never made a demand under $500K.

The defense called multiple former employees to testify, who supported the defendant’s position that the facility staff met the standard of care. The therapy witnesses effectively demonstrated non-weight bearing techniques and maximum cues to overcome Plaintiff’s claim that the resident was incompetent and unable to follow therapy instructions.

Defendant’s experts testified that the Plaintiff was discharged from the hospital with an untreated infection that dehisced the surgical wound.  Defendant’s experts also determined that based on the resident’s co-morbidities, history of diabetic foot ulcers and the pre-admission condition of the amputation site, the transmetatarsal amputation would have been required despite the appropriate care provided by the facility.

The defense effectively cross-examined the Plaintiff’s experts and diminished their credibility and experience.

QPWB achieved a complete defense verdict in this binding arbitration.

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Minton P. Mayer is co-managing partner of QPWB’s Memphis and Nashville Tennessee offices. He concentrates his practice on the representation of long-term care providers, assisted living facilities, health care providers, hospitals, nurse staffing, home health agencies and skilled nursing facilities. He has defended civil litigation cases throughout Tennessee including premises liability, product liability, automobile and insurance coverage.  He is also a listed Tennessee Supreme Court Rule 31 General Civil Mediator.  Mr. Mayer has attained the highest Peer Review Rating™ of AV® Preeminent from Martindale-Hubbell Legal Directory. He received his Juris Doctor in 1996 from the University of Memphis Cecil C. Humphreys School of Law and is licensed to practice law in Tennessee and Arkansas.

Whitney Horak is an associate in the Memphis, Tennessee office of Quintairos, Prieto, Wood & Boyer, P.A., and also practices from the firm’s Jackson, Mississippi office.  She focuses her practice on the representation of physicians, hospitals and long-term care providers in medical malpractice matters involving claims of abuse and neglect, negligence, violation of resident’s rights, wrongful death and breach of contract; her practice also includes the defense of general negligence claims, catastrophic personal injury and property damage cases.  Ms. Horak is a certified professional in health care risk management (CPHRM).  She received her Juris Doctor cum laude in 2013 from the University of Memphis Cecil C. Humphreys School of Law and is licensed to practice law in Tennessee and Mississippi.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation. Our lawyers provide representation in litigation, business, real estate and governmental law.

 

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