CLEVELAND — A Cuyahoga County jury awarded a family $2 million after their loved one died. But now a judge is considering just how much of that the family will actually get.
Milka Simonoski had a lot of support.
“The family’s love for their mother has really been a driving factor in all this,” said the family’s attorney, Lou Schneider.
He told us that in 2011, Simonoski was a crime victim, physically attacked, and left with serious injuries, without the ability to talk anymore and the need for medical care.
In 2020, she went to O’Neil Healthcare-Fairview Park Nursing Home. Schneider said she had a good first year, but then started looking different.
“She lost a significant amount of weight and that had never happened to her before,” said Schneider. “She lost about 25% of her body weight over a year and that’s a big flag.”
Schneider told us on Nov. 17, 2022, Simonoski had a urinary tract infection, but the family wasn’t told about it.
“The family said they were very involved and visited her often, but it seemed like they weren’t always getting all of the information about what was going on with Milka,” said Schneider.
He told us Simonoski eventually went to the hospital, was in septic shock, and died six days after that.
The jury’s verdict held the nursing home partially responsible for what happened. However, in Ohio, by law, there are limits to what families can receive in these kinds of cases.
Leslie Jenny is the attorney for the nursing home. She has now filed paperwork to get that $2 million amount down to $62,500.
Schneider filed for $875,000.
“Unfortunately, Ohio is a state where we are faced with that where even though a jury speaks, the legislature has decided to take that voice away,” said Schneider.
He told us the jury also found that the home violated Ohio’s Nursing Home Residents’ Bill of Rights, which is a lengthy list of standards homes should follow.
We asked Jenny for an on-camera interview. She declined but sent us a statement that says, in part, that the home “was found not liable for the death…” that “75% of the responsibility…(is) against other medical providers…”, and it “is honored to be a 5-star CMS rated nursing home.” (See full statement below)
Schneider told us the family did all they could for Simonoski. “And even though you do that sometimes…bad things can happen,” said Schneider.
Now, the judge will review the motions and set an award amount, but there could be appeals in the case. So, this is not over just yet.
O’Neil Healthcare-Fairview Park Statement:
“We extend our deepest condolences to the Simonoski family.
It is important to note that O’Neill Healthcare Fairview Park was found NOT LIABLE for the death of Milka Simonoski.
O’Neill Healthcare was also not liable for malnutrition and were not negligent in terms of nutrition.
The statements contained in the press release of June 11, 2026, fail to disclose the above information and also fail to reveal that the jury found 75% of the responsibility for Ms. Simonoski’s injuries and death were against other medical providers not associated with the nursing home.
Judgment is not yet final in this matter as both sides agree that the damages awarded are subject to further reduction by the Court.
The O’Neill Healthcare family prioritizes the care and safety of our staff and residents. We are not a faceless corporation and have deep ties to the communities we serve. Communication is a core part of our operations and our mission. O’Neill Healthcare has been providing quality care to its residents for more than 60 years and O’Neill Healthcare – Fairview Park is honored to be a 5-Star CMS rated nursing home.”
