Articles Posted in Wrongful Death

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Helen Ende was 89 years old and suffered from dementia. While she was a resident at Parkside Manor, she was allowed, unnoticed, to wander off the premises and remain outside in the cold for almost seven hours before the nursing home staff realized she was missing. She froze to death. Ende is survived by her son.

Ende’s son, on behalf of her estate, sued Parkside Manor’s parent company, Encor Wisconsin LLC, alleging that its manager and staff disregarded Ende’s safety rights.

The Ende estate maintained that Encor’s policy required staff members to account for all residents after an alarm sounds. But on the night of Ende’s death, the three workers on duty chose not to follow this policy. The estate also alleged that one worker left the nursing home facility for multiple hours during his shift.

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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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Helen Ende, 89, suffered from dementia. She was a resident of Parkside Manor. Ende left the facility and remained outdoors for approximately seven hours in freezing temperatures, and she froze to death.  Staff at the nursing home didn’t realize she was gone.  She was survived by her son.

Her son, on behalf of her estate, brought a claim against Encore Wisconsin LLC, Parkside’s parent company, alleging staff disregarded Ende’s rights and was liable for its staff members’ intentional behavior.  One of the assertions was that facility policy required workers to account for all residents. The three workers who were on duty chose not to follow this policy and one worker left the building for a few hours during his shift.

Following trial, the jury signed a verdict for $4 million in punitive damages.

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Antoinette McAleese, 83, suffered from Alzheimer’s disease and other health problems. She underwent surgery for a fractured hip and was admitted to Crestview Center. During her stay, she was immobile and required assistance with transfers and all daily activities. Early-stage bedsores were revealed on her right buttock and hip.

An unstageable pressure ulcer on her sacrum developed while hospitalized. Her physical condition deteriorated along with her wound, necessitating hospice care.  She passed away several weeks later.

She was survived by her daughter.  The McAleese estate sued 262 Toll Gate Road Operations, LLC, which did business at Crestwood, complaining of nursing malpractice along with claims under the state’s wrongful death and survival acts. The estate also claimed that McAleese suffered preventable pressure sores due to the negligent care, including choosing not to properly turn and reposition her.

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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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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 Illinois Appellate Court for the First District ruled that Nancy Clanton, as administrator of her mother Laurel Jansen’s estate, does not have to arbitrate Survival Act and Nursing Home Care Act claims against Oakbrook Healthcare Centre.

Clanton’s sister, Debbie Kotalik, used her authority under a power of attorney to sign a contract with Oakbrook Healthcare when their mother was admitted to its facility.

Section E of the contract called for arbitrating disputes and Section F said: “If the resident is compelled by a change in physical or mental health to leave the facility, this contract shall terminate on 7 days’ notice or immediately upon the resident’s death.”

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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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Mr. Doe, 84, suffered from advanced dementia and lived in a nursing home. One morning, a nursing assistant found Mr. Doe lying in his bed with his head caught between the bed frame and side rail. Shortly after he was discovered, Mr. Doe was pronounced dead. The nursing home allegedly falsely reported to the medical examiner that Mr. Doe had died of cardiac arrest related to his hypertension.

A lawsuit against the nursing home alleged that it chose not to use safe bedrails that allowed for 2 3/8 inches of space between the mattress and the bedrails. The Doe family charged that the space between Mr. Doe’s bedrails and mattress was 7 inches, which allowed him to slide in between the mattress and rails, becoming trapped and strangled.

The lawsuit also alleged that the defendant nursing home had wrongfully chosen not to report that the actual cause in Mr. Doe’s death was bedrail strangulation.

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Ms. Doe, 56, was a nursing home resident who suffered from multiple sclerosis and used a wheelchair. When she was loaded onto a medical transport van that was parked on an incline, she was not fully secured to the wheelchair. She slid from the wheelchair and suffered bilateral leg fractures as a result of this fall. The injuries necessitated a cast and bracing.

In addition, she required hospitalization and underwent a blood transfusion and oxygen supplementation. Despite this care and treatment, her condition worsened. She died 17 days after this incident.

The lawsuit alleged wrongful death and failure to secure Ms. Doe into her wheelchair. The defendant argued that Ms. Doe had died of unrelated causes.

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