WARREN — Signature HealthCare of Warren will pay $26 million in wrongful death damages to the family of a 64-year-old man from Trumbull County who died in the health care facility’s care in November of 2019 after the man was seen by nursing staff to be in distress but failed to call an ambulance after almost an hour, resulting in his death.

The lawsuit, which was heard by Trumbull County Common Pleas Judge Cynthia Rice, alleged that Signature HealthCare of Warren’s understaffing and mismanagement led to Stephen Tate, a patient at the facility, not being supervised while eating. Tate later drowned in his own vomit.

At the age of 19, Tate suffered a traumatic brain injury (TBI) after being shot in the head. The injuries sustained left Tate blind from shotgun pellets entering his brain and severing his optic nerves, according to the lawsuit. He was left with permanent disabilities that required him to receive 24/7 assistantance from caregivers.

Post-TBI, Tate was afflicted with poor impulse control that would cause him to not pace himself when eating, an aliment that requires supervision during meals to help ensure he took small bites and completely chewed his food, a common occurrence for TBI patients.

Due to his blindness, assistance also was needed in helping guide food to his mouth.

While eating lunch at the health facility in November 2019, Tate was eating while unsupervised inside his room. According to the lawsuit, employees of the facility found Tate in distress, lethargic and vomiting, but nursing staff waited about 42 minutes before seeking emergency services.

Hospital medical staff attempted to revive Tate after he was found drowning in his vomit, but were unsuccessful. At the hospital, Tate was diagnosed with massive aspiration pneumonia, sepsis, septic shock with multi-organ failure, and protein calorie malnutrition.

Following the verdict, Rita D. Stanton, the sister of Tate said, “Our family would like to thank the residents of Trumbull County who made up the jury for their dedication and commitment through the trial. We are forever grateful that justice prevailed.”

She added, “Michael (Hill) was there for our family when we needed him and brought justice for our brother.”

Michael Hill, one of the attorney’s from Eadie/Hill Trial Lawyers representing the family, said it’s the largest jury verdict against a nursing home in Ohio history.

The verdict for wrongful death amounted to $20 million, in addition to $500,000 for Ohio Resident Rights law violations and $500,000 for pain and suffering to the family of Tate, along with $5 million in punitive damages.

“The jury system is this country’s oldest and purest form of government, where members of the community come together and decide right from wrong. This jury sent a strong message that we still live in a society where truth matters and that our most helpless members shouldn’t have to live in fear of being deserted by those in power,” Hill said.