Articles Posted in Settlements

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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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Sonia Godfrey was a recovering heart surgery patient who was transferred from the hospital to Centennial Healthcare and Rehabilitation Center. At the time of her admission, she was noted to have pressure ulcers on her sacrum and right thigh.

While residing at the nursing home, she suffered a fall, with no known witnesses, which required her return to the hospital. It was at the hospital that her pressure ulcers persisted. Godfrey was later admitted to a long-care facility; she unfortunately passed away.

A wrongful death lawsuit was filed on behalf of Godfrey’s estate against Centennial Healthcare LLC and Temple University Hospital Inc., alleging that both entities chose not to adopt the accepted protocols to prevent falls and that they incorrectly assessed Godfrey’s pressure sores. In addition, it was alleged that the defendants failed to timely diagnose and properly treat the pressure ulcers.

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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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Mr. Doe suffered from several health conditions. He had atrial fibrillation and diabetes and he had undergone amputation of his right leg.

When Doe was admitted to Roe Nursing Home, he was deemed a fall risk. However, a fall prevention plan was not put in place at the outset. He fell multiple times and suffered minor injuries. He later rolled out of bed after using a remote control that elevated his bed to the highest position.

As a result of that fall, Doe suffered a fractured left femur and underwent surgery. Unfortunately, he died the day following surgery.  The lawsuit alleged that the nursing home was liable for Doe’s injuries and subsequent death. The plaintiff asserted that his death resulted from the defendant nursing home’s numerous breaches of the standard of care related to fall protection.

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Joseph Falarski, 88, suffered from dementia and other illnesses. He was admitted to the Grand Rapids Home for Veterans. While living at the nursing home, he fell multiple times, including while left unassisted in a bathroom and during transfers.

As a result of these falls, Falarski suffered serious injuries, including a subdural hematoma, facial fractures and lacerations.

Falarski’s health deteriorated after his last fall, which led to his premature death from complications related to his fall fractures. He was survived by his wife and four children.

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Patrick DeLaurie Jr. suffered from numerous health issues that included diabetes, cirrhosis of the liver and kidney disease.  About eight months into his admission at Sentera Nursing Center-Chesapeake, DeLaurie was sent temporarily to a hospital intensive care unit.  He was later discharged to return to the nursing home, and this allegedly was communicated to the nursing home’s administrator.

Nevertheless, when DeLaurie returned to the nursing home, he was denied readmission.  The nursing home staff allegedly refused to allow DeLaurie to retrieve his possessions, medications or wheelchair, and threatened to arrest him for trespassing, claiming that he had left the hospital against medical advice.

DeLaurie died that week. He was survived by his two children, a former wife and a brother.

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Ms. Doe, receiving home health care, was an amputee who experienced constant pain at her stump site. To care for her condition, she was given pain medication. She had an epidural Port-A-Cath implanted under the skin of her chest. Ms. Doe was discharged from a hospital and planned to receive several weeks of home care from visiting nurses who would be assigned to clean the new port site, change her dressing and check for signs of infection.

Four days after Ms. Doe’s port was inserted, a visiting nurse, Roe, allegedly noted that the port site looked tender and had drainage. Roe allegedly changed Ms. Doe’s dressing. She did not contact Ms. Doe’s doctor about these findings.

During a later visit, Ms. Doe allegedly told Roe that she had decreased sensation to her bladder. Roe allegedly changed Ms. Doe’s dressing but did not return to see her for about five days. During this time, Ms. Doe’s port site was red and swollen. She complained of decreased sensation to the lower part of her body.

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Charles Jackson lived at Care Pavilion Nursing & Rehabilitation Center for more than four years. During his time there,  he allegedly suffered more than 14 undocumented falls. After one fall, he was found on a bathroom floor and was taken to a hospital where he underwent a hip replacement.

Jackson was returned to the nursing home but was transferred back to the hospital less than one month later.  There, he was diagnosed as having sepsis and severe dehydration.

He died just over two weeks later from respiratory distress, sepsis and a prosthetic hip infection. Jackson, 83 at the time of his death, was survived by his adult daughter.

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Vera Petrella was a resident of the Arden Courts of Yardley long-term care facility. She had a history of coronary artery disease, hypertension, dementia and Parkinson’s disease.

Her care plan provided that she would receive assistance transferring her in and out of bed, assistance going to the bathroom and walking. Several weeks after she was admitted, Petrella fell. After several more falls, she suffered a fractured left hip that required surgery. She later died as a result and was survived by her three children.

The Petrella family and children sued Arden Courts of Yardley PA LLC and other entities, alleging claims for wrongful death and survival. The Petrella family claimed that the facility chose not to implement fall prevention measures, adequately assess her condition and provide sufficient supervision.

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Elaine Waintrup, 91, was admitted to Rydal Park Nursing Home. She lived there for almost four years. During this time, she suffered multiple falls, sometimes falling more than once in the same day.

The injuries from the falls she suffered included facial and head lacerations and a nasal fracture that necessitated hospitalizations.

In addition, an investigation that was conducted after one of her falls led to an Adult Protective Services determination that Waintrup had been the subject of caregiver negligence.

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