Justia Lawyer Rating for Robert D. Kreisman

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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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The Illinois 4th District Appellate Court affirmed the decision of an Adams County Circuit Court judge.  In December 2018, Mark Mason signed numerous documents allowing his mother, Doris Mason, to be admitted to St. Vincent’s Home Inc., a nursing home, including an admissions agreement. The agreement included an arbitration clause and a provision in the contract for services that the contract terminates automatically in the event of Doris’s death.

From December 2018 through October 2019, Doris resided at the nursing home. She suffered a fall, fracturing her left femur on Jan. 14, 2019. She also suffered burns to her right hip five times between Feb. 20 and May 7, 2019.

On Oct. 2, 2019, Doris passed away. Mark filed a lawsuit in December 2020 against the nursing home, WDM Health Services Inc., and three caretakers. Mark alleged violations of the Illinois Nursing Home Care Act, negligence and claims under the Illinois Wrongful Death Act.

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Jennifer Andrules, a disabled person, was taken to Adventus Bolingbrook Hospital for medical evaluation on May 16, 2014. While at the hospital, she fell and fractured her right leg, which required surgery. She was then discharged from Adventus to Lakewood Nursing & Rehabilitation Center, but on June 3, 2014, she suffered another fall and fractured her right leg, again requiring additional surgery.

On May 2, 2016, Northern Trust, as special administrator of the Andrules’ estate, filed a complaint against Adventus for medical negligence. The director of nursing at Lakewood Nursing & Rehabilitation was deposed in 2018 regarding the second fall.

On Feb. 11, 2019, Linda Gavlin, as special administrator for the estate, filed suit against Adventus and Lakewood, alleging one count of medical negligence against each defendant.  Lakewood moved to dismiss, arguing the charges were untimely.

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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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Doe, 81, lived in a nursing home’s secure memory unit. She tended to wander and had exit-seeking behaviors, necessitating her use of the WandergGuard, a wearable safety device.

Even after a door alarm was activated, a nursing home staff member did not see that she had fallen down multiple flights of stairs. She was discovered at the bottom of the stairs, bleeding and crying for help.

Doe suffered serious injuries, including a subarachnoid hemorrhage. She unfortunately died eight days later.

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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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Guillermina Ruvalcaba suffered from various health conditions, including dementia and neuropathy. She had also undergone bilateral leg amputations.

After being hospitalized for diabetic ketoacidosis, she was admitted to Hacienda Heights Healthcare & Wellness Centre, an unlicensed skilled nursing facility.

Ruvalcaba’s admission assessment indicated that she was a fall risk due to her leg amputations. Approximately one month later, she wheeled herself without assistance to the facility’s day room. While still unsupervised, she fell out of her wheelchair and suffered a subarachnoid hemorrhage. An investigation into the incident led to a nursing director’s determination that her fall was unavoidable.

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A Chicago federal judge sent a lawsuit against the nursing home, Petersen Health Care, back to the state court after the defendant failed to persuade the judge that it had acted at the direction of the federal government to prevent the spread of COVID-19.

Anita Martin, who was a resident of Illinois, sued the elder care company, Petersen Health Care, after the death of her mother, Marlene Hill. Hill lived in the Bloomington Rehabilitation & Healthcare Center, which was operated and run by Petersen Healthcare.

Hill unfortunately died on May 15, 2020 with “COVID-19” listed as a substantial contributing factor,”  the lawsuit stated.

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Louise High was admitted to Brandywine Senior Living at Upper Providence.  At the time of her admission, High suffered from dementia, hypertension, a bladder tumor and gait dysfunction. Because of these conditions, she was required to receive help with medication and activities of daily living.

During the second week of High’s admission to this facility, the staff at the nursing home found her on the floor of her room, clutching her right hip.  Later that day, she fell on her right side and vomited.

She was taken to a hospital emergency room where she was diagnosed as having a fractured hip and sepsis. Her condition continued to decline. She died several months later and was survived by her two adult sons.

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