Miami senior living community wins $2.5 million jury verdict in negligence case

A South Florida senior living community will have to pay the estate of a former resident $2.5 million over allegations that a resident suffered a serious brain injury in an unattended bathroom fall.

A jury in the 11th Circuit Court for Miami-Dade County found that Kendall Health Care Properties, doing business as Palace at Kendall, was negligent in the 2021 incident. The May 2 jury form listed an award to Constance Poppenhager’s estate of $2 million for her pain and suffering and $500,000 in damages for medical expenses.

“While we are disappointed with the verdict, as the litigation is ongoing, it would be inappropriate to comment further at this time,” Kendall attorneys Dean Nickas and Bryan Walton of Wicker Smith said. McKnight’s Senior Livingadding that an appeal is planned.

According to its website, the Palace at Kendall offers independent living, assisted living, assisted living, nursing and rehabilitation, in-home care, luxury living for those 55 years or older, and a continuing care community in South Florida.

Poppenhager, who was diagnosed with dementia, moved into the Palace in 2021 after breaking her hip in a fall. The day she moved in, employees reportedly left her on the toilet for almost an hour and forgot to return to put her to bed, according to Law.com. Without access to her walker or wheelchair, Poppenhager tried to get up on her own, fell and hit her head. She died in 2023.

Media reported that staff found Poppenager 45 minutes later. Serious brain damage was diagnosed in the hospital. According to the report, she was bedridden and required 24-hour care at a nursing home after the accident. Law.com said the video of the incident “exposed the residential facility’s alleged cover-up of the event.”

The Palace Group received Great Place To Work certification and was named No. 1 on Fortune’s 2023 Best Large Workplaces in Aging Services list.