Articles Posted in Nursing Home Negligence

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Lucy Jarmon, a hospice patient, was suffering from Type 2 diabetes. She had a five-day respite stay at Creekside Center for Rehabilitation & Healing. After returning home, Jarmon developed hyperglycemia, and it was determined that she had not received insulin or had her blood sugar checked during her stay at the center. That same day, she was transferred to a hospital where she was treated for five days before being transferred to a different skilled nursing facility.

After her passing, her estate sued Creekside’s operator, alleging that it chose not to develop and implement an effective plan to treat Jarmon’s diabetes. The defendants’ negligence led Jarmon to suffer diabetic complications, delayed care and severe pain.

After a jury trial, the jury entered and signed a verdict for $347,100. The attorney successfully handling this lawsuit for the Jarmon family was Richard Piliponis.

Jarmon v. Madison Pointe Center for Rehab & Healing, No. 21 C 2053 (Tenn. Cir. Ct. Davidson County). Continue reading

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Eleanor Kalai was admitted to St. Mary’s Rehabilitation Hospital after having surgery for a fractured femur.  When she was admitted,  she was suffering from impaired cognition and required help with activities of daily living.

Approximately six months after her admission, she fell and dislocated her left shoulder.  She also fell out of her wheelchair approximately three weeks later in the presence of a facility employee.

Kalai’s estate sued St. Mary’s Rehabilitation Hospital, alleging that Kalai had been improperly monitored and assisted.  The lawsuit also claimed the defendant rehab hospital chose not to implement a fall prevention plan.

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Dorothy Mae Lyles was admitted to Sanatoga Center after a hospitalization. At the time of her admission to the nursing home facility, she was noted to have pressure sores. She was also noted to be a high risk for developing additional pressure sores due to her need for assistance with mobility. Nevertheless, there was no repositioning program in place when she was admitted.

Two months later, she was transferred to a hospital and received treatment for pressure ulcers at a wound healing center. She continued to develop pressure ulcers.

Lyles, 88, subsequently developed septic shock and died from an infected sacral pressure ulcer.  She was survived by her daughter.

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Ms. Doe was transferred to Roe Nursing Home after suffering fractures from falls.  Her doctor’s orders instructed nurses at the nursing home to regularly assess the skin around Ms. Doe’s cast to detect skin breakdown, swelling and changes in color. The nursing home nurses were also instructed to cleanse and apply treatment to Ms. Doe’s leg ulcer each day.

Within two weeks, Ms. Doe was returned to the hospital where she was diagnosed as having a gangrenous wound and maggots crawling out of her cast. Unfortunately, Ms. Doe required an amputation of her right leg.

Ms. Doe sued the nursing home alleging that it had chosen not to comply with her physician’s orders and to provide the needed wound care. The defendant nursing home countered that Ms. Doe’s extreme obesity and uncontrolled diabetes made amputation likely even in the absence of the nursing home’s wrongdoing.

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Doe allegedly suffered a series of falls at Roe Nursing Home. He was diagnosed as having a serious head injury. Doe later died; his death was allegedly caused by these falls.

A lawsuit was filed against an undisclosed defendant nursing home and its parent company alleging administrator and corporate negligence. The lawsuit sought punitive damages.

Before trial, the parties settled for $4.25 million.

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The decedent administrator sued Oakbrook Healthcare Centre, alleging negligence while the decedent resided in the skilled nursing facility. Oakbrook moved to compel mediation or arbitration with respect to the counts against it, relying on the arbitration provision within the contract signed by the decedent’s daughter and the nursing home.

The trial court denied Oakbrook’s motion to compel arbitration, finding the arbitration provision substantively unconscionable. Oakbrook then appealed.

The First District Court of Appeals affirmed on other grounds. The arbitration provision was unenforceable because the contract unequivocally provided it would terminate “immediately upon the resident’s death.”

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Colvin Towns was admitted to the Camden Nursing Facility in 2008. He suffered from many and various health conditions, including congestive heart failure, bowel and bladder issues, cognitive loss and diabetes.

In 2016, he was sent to a hospital emergency department, where he was diagnosed with having nursing home-acquired pneumonia, respiratory failure and septic shock. Towns, who was in his 60s, died eight days after that hospitalization. He was survived by his two adult children.

Towns’s estate sued the nursing home, alleging that it chose not to provide sufficient staff and failed to implement an adequate care plan. The lawsuit maintained that the nursing home defendant failed to respond to Towns’s needs, including keeping him safe and free from developing pneumonia.

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John Tsucalas, 76, suffered from dementia and was admitted to Meadowview Rehabilitation and Nursing Center. Just two weeks later, he fell in his room, striking his head and his right hip. He was transferred to a hospital for treatment and died ten days later.

The cause of death was determined to be a blunt impact right hip fracture. Tsucalas’s estate sued the nursing home, alleging claims for wrongful death and survival. The Tsucalas estate asserted that the nursing home had chosen not to implement fall protection measures or properly supervise him.

Before trial, the parties settled for $75,000.

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Shirley Liebenguth lived at Cedarbrook Senior Care and Rehabilitation, a facility operated in part by the local county government. She was morbidly obese and required assistance with basic mobility and total assistance with transfers.

When a certified nursing assistant allegedly attempted to move her, she fell to the floor and suffered bilateral fractured femurs.

Liebenguth was brought to a nearby hospital where she suffered cardiac arrest and passed away. She was survived by her two brothers.

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James Owen, 89, lived in the John Knox Village Care Center. He fell while using the bathroom, suffering a fractured cervical vertebra, and died within two weeks. He was survived by his older sister.

The Owens estate and Owen’s sister sued the nursing home, alleging it chose not to provide residents with 24-hour oversight, properly train its personnel and adequately assist Owen while he used the bathroom.

Owen’s sister and the estate argued that the nursing home’s conduct amounted to complete indifference or conscious disregard for Owen’s safety, warranting punitive damages.

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