$12.5 Million Verdict Against a West Chester Nursing Home: What Families Should Know About Neglect Claims

Published June 30, 2026 · Verdicts & Settlements

An 83-year-old woman went into a nursing home for a short stay of rehab after a fall at home. Within weeks she suffered a devastating brain bleed. The facility's own records described a minor tumble from a wheelchair. Paramedics described something very different.

In May, a Butler County jury held the facility responsible and returned a verdict of $12.5 million, including $1.5 million in punitive damages. As reported by WHIO on June 10, 2026, and in a June 8 announcement by the family's attorneys, the case was brought by the estate of Janice Combs against Chesterwood Village, also known as Chesterwood Nursing Care, Ltd., in West Chester, and its operators.

We had no role in this case. We are writing about it because it shows, step by step, how a nursing home neglect case is proven, and why the paperwork a facility creates is not always the whole story.

What happened, as reported

According to WHIO, Ms. Combs was blind but had been living independently. In June 2023, after falling down the stairs at home, she was admitted to Chesterwood Village for short-term rehabilitation. After a hospital stay for evaluation of confusion, she returned to the facility on June 19, 2023, and fell about two hours later.

The facility documented a face-first fall from her wheelchair in a common area, with minimal injury. But West Chester Township paramedics found that she had been dropped in her room, with an injury to the back of her head and blood in the room. The family's lawsuit alleged that staff dropped her while moving her from her wheelchair to her bed, and the family's lawyers said that fall was never documented.

At the hospital, Ms. Combs was diagnosed with a brain bleed. She became dependent on a ventilator and bedbound, and she died on March 31, 2024.

After a nine-day trial, the jury unanimously found that the facility breached the standard of care, that the breach caused her injuries and death, and that the defendants violated Ohio's Nursing Home Residents' Bill of Rights. According to the family's attorneys, the verdict, returned May 14, 2026, included:

• $1 million in survivorship damages;
• $8 million in wrongful death damages for her family;
• $2 million for violations of the Residents' Bill of Rights;
• $1.5 million in punitive damages, plus attorney fees as permitted by law.

The facility told WCPO, in comments reported by WHIO, that it strongly disagrees with the verdict, called it preliminary, and said it is reviewing its legal options, including an appeal. Post-trial motions, statutory limits, and any appeal can affect the final judgment, and none of those questions had been resolved as of the reports.

Three different claims, three different purposes

Families are often surprised that one death can support several distinct claims. This verdict shows all three.

The survivorship claim belongs to the resident's estate. It covers what the resident herself suffered between the injury and her death: her pain, her fear, and the months on a ventilator. It is the claim she would have brought had she lived.

The wrongful death claim belongs to the family. Under R.C. 2125.02, it is brought by the personal representative for the benefit of the surviving spouse, children, parents, and other next of kin, and the damages include loss of companionship, care, and guidance, and the family's mental anguish. Here, that was the largest part of the award.

The Residents' Bill of Rights claim is unique to nursing homes. R.C. 3721.13 gives every resident specific rights, including the right to a safe living environment, the right to adequate and appropriate medical treatment and nursing care, and the right to have any significant change in health reported to the resident's sponsor, usually a family member. Any attempt to waive those rights is void. R.C. 3721.17(G) lets a resident whose rights are violated, or the estate, sue the home for damages.

We explained how these same claims played out on appeal in January, in our post on an Ohio court upholding punitive damages and prejudgment interest against a nursing home. Together, the two cases show both ends of the process: what a jury does with the evidence, and what an appeals court does with the verdict.

When punitive damages are available

Punitive damages are not meant to compensate. They punish conduct that goes beyond carelessness. Under R.C. 2315.21, a plaintiff must prove by clear and convincing evidence that the defendant acted with malice, which Ohio courts define to include a conscious disregard for the safety of others that has a great probability of causing substantial harm, or that the company authorized, participated in, or ratified that conduct. When the defendant is a nursing home, R.C. 2315.21(G) directs the jury to consider the home's ability to pay, whether the amount will deter future misconduct, and the home's ability to continue providing care.

In neglect cases, the evidence that most often moves a jury toward punitive damages is evidence of concealment: records that do not match what really happened. That was the heart of the family's case here.

What families can do now

If a loved one is in a facility in the Dayton area or anywhere in southwest Ohio, these steps matter:

• Ask questions after every fall or injury, and ask for the answer in writing. Under R.C. 3721.13(A)(35), the home must make a reasonable effort to notify the sponsor of a significant change in health within twelve hours.
• Get the outside records. EMS run reports, emergency room records, and hospital imaging are created by people with no stake in the facility's version of events. In this case, the paramedics' account was critical.
• Take photos of injuries, bruising, and the room, and write down dates, times, and names.
• Request the complete chart. Our guide chapter on preserving documents and records explains how to organize what you collect.
• Watch the clock. A wrongful death action generally must be filed within two years of the death under R.C. 2125.02(F)(1), and claims arising from care in a facility can carry other deadlines as well.

Our guide chapter on what your case is worth explains how survivorship, wrongful death, and punitive damages fit together, and our wrongful death page explains how families bring these claims.