Justia Lawyer Rating for Robert D. Kreisman

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Sam Rios Jr., 86, was admitted to Pine Creek Care Center for a rehabilitation stay after suffering a fractured hip. Over the next two weeks, he developed two pressure sores. One of the pressure sores was diagnosed as being Stage IV. Rios died almost a year later and suffered pain and debilitation until his passing.

Rios’ successor in interest and his children sued Daisy Holdings LLC, Pine Creek’s parent company, and other corporate entities, alleging elder abuse, under-staffing, custodial negligence, constructive fraud, violation of patient rights, wrongful death and alter ego liability.

The lawsuit alleged that these defendants had placed profits over patient care, chose not to prevent Rios from developing the pressure sores and failed to properly care for Rios once the pressure sores were identified.

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Carlos Ruiz, 84, suffered from advanced dementia and Alzheimer’s disease. He was admitted to Palm Garden of Aventura with a diagnosis of “functional decline.” While at the facility, he developed a sacral pressure ulcer, which later became infected.

Ruiz died of this condition. He was survived by his four children.

Ruiz’s personal representative sued Palm Garden of Aventura LLC and Palm Healthcare Management LLC, alleging that the defendants’ staff chose not to develop an adequate care plan or properly monitor him.

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The Illinois Appellate Court held that an Evanston long-term care facility would have to face a wrongful death trial in court rather than by arbitration. The panel ruled that the facility’s arbitration agreement was optional and therefore unenforceable. One of the appellate court justices concurred, writing that such agreements are financially motivated.

Cheryl Parker sued Symphony of Evanston Healthcare LLC and Maestro Consulting Services LLC, alleging violations of the Illinois Nursing Home Care Act and common-law negligence under the Survival Act and Wrongful Death Act.

Parker sued in the Circuit Court of Cook County on behalf of Mae Jefferson, a Symphony of Evanston resident. Jefferson designated her daughter Kathy as her agent in an Illinois statutory short form power of attorney for health care.

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While a resident at Buckingham Valley Rehabilitation and Nursing Center, Walter Dendall developed pressure sores, UTIs, pneumonia, enterocolitis, C. difficile, renal failure and septic shock, all which led to his untimely death.

The Riley estate sued the nursing home, alleging negligence, wrongful death and survival claims.

Before trial, the parties settled for $200,000.

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Ms. Doe, 93, suffered from dementia and lived at the Roe Care Center. Her condition necessitated that she receive extensive assistance with transfers to and from her recliner, including when she needed to use the bathroom.

When Ms. Doe called for assistance, two aides allegedly responded and used the recliner to raise her to a standing position. The aide then allegedly assisted Ms. Doe to the bathroom and brought her back to the recliner. She was left in a standing position. The aide did not assist Ms. Doe in getting back into her chair.

As a result, Ms. Doe fell and fractured her left leg, which required surgery. The procedure left Ms. Doe bedridden and completely immobile, which in turn led to the development of pressure sores.

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Ida Donaway, 86, was admitted to the Woodview nursing home; she had been living there for four months. At the time of her admission, she suffered from speech issues and left hemiparesis or partial paralysis.

While a resident at this facility, she developed a Stage IV sacral pressure ulcer that required two surgical debridements.

Donaway later developed another pressure ulcer on her heel and was then transferred to another nursing home following a hospitalization. Unfortunately, she died three months later and was survived by her two daughters.

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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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Shirley Salesky was admitted to Rose Garden Rehabilitation and Nursing at Ann’s Choice to undergo physical therapy. At the time of her admission, the records noted that she had a reddened sacrum but no other skin breakdown.

Salesky was diagnosed as having two Stage II sacral pressure sores five days after that note was written in her chart. The pressure sores deteriorated and progressed to Stage IV. Sadly, Salesky died within two months after her admission to this rehabilitation facility.

Her estate sued Ann’s Choice and others, alleging that the staff there chose not to implement an individualized care plan, provide adequate skin assessments and wound care and properly rotate Salesky to prevent worsening pressure sores.

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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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Caledonia Dela Pena, 91, suffered a fall at home; she sustained a fractured femur. She was admitted to Bryn Mawr Terrace facility where a skin assessment revealed intact skin with no rashes.

After Dela Pena’s discharge several days later, she was taken to a hospital emergency room where she was diagnosed as having a Stage I sacral pressure sore. Her health unfortunately deteriorated, including a worsening of the pressure sore. She died four months later and was survived by her two adult children.

Dela Pena’s estate sued Bryn Mawr Terrace, alleging that it chose not to timely turn and reposition her during her stay and provide proper wound care. The lawsuit also named the hospital for inadequate wound treatment and charting among other claims.

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