Articles Posted in Wrongful Death

Nursing Home Resident Was Humiliated With “Lap Dance” Before Dying from Bed Sores, Malnutrition, Sepsis

The family of Fred Pittman, an 84-year-old man who died after a stay at Cumberland Manor Nursing and Rehabilitation Center in New Jersey has filed a wrongful-death lawsuit against the home, alleging he was a victim of negligence. According to the suit, the man was a long-term care patient at the facility from late January through mid-February 2018. The lawsuit, filed in state Superior Court, alleges staff at Cumberland Manor neglected to “allocate sufficient resources to adequately provide” and otherwise “exercise reasonable care” and failed to:

  • prevent and timely treat injuries

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Three Illinois Nursing Home Abuse and Neglect Cases That Gained National Attention in 2019

Levin & Perconti is a nationally renowned law firm concentrating in all types of nursing home abuse and neglect claims as well as personal injury, medical malpractice, and wrongful death lawsuits. The firm’s founding partners, Steve Levin and John Perconti were among the first nursing home lawyers in Illinois and are highly regarded among their peers and adversaries for their outstanding work on behalf of victims of abuse and neglect.

Today, the Chicago based firm stands behind three decades of winning experience in defending residents who have had their rights violated and become injured while under the care of others. This is a brief review of three nursing home abuse and neglect cases represented by Levin & Perconti lawyers that made national and local news headlines in 2019.

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Air Force Veteran Dies in Nursing Home, Covered in Ant Bites

Our team of nursing home abuse and neglect attorneys is again frustrated to hear of another veteran left in immediate danger in a Veterans Affairs (VA) nursing home regulated by the Federal government and Department of Veterans’ Affairs. Joel Marrable, a Vietnam War veteran, had taken up residence at the Eagles’ Nest Community Living Center and was dependent on the Atlanta, Georgia VA Medical Center for his daily living and ongoing medical needs. The 74-year-old veteran of the Air Force had been battling cancer before he recently died in the VA nursing home – covered in ant bites.

Marrable’s daughter, Laquna Ross told WSB-TV, “His room had ants, the ceiling, the walls, the beds. They were everywhere. The staff member says to me, ‘When we walked in here, we thought Mr. Marrable was dead. We thought he wasn’t even alive because the ants were all over him.'”

nursing home negligence

New Report Suggests Nursing Home Providers Should Help Reduce Choking Hazards Present with Popular Dietary Supplements 

A new Federal Drug Administration (FDA) report published in the August issue of Annals of Internal Medicine says adults aged 65 years and older are more likely to choke on dietary supplements than are younger adults. The group most impacted by the hazard includes those living in nursing homes or assisted living centers. The research shows multivitamins and calcium tablets, and pills larger than 17 mm in length, can create the highest related adverse choking injuries to elderly residents.

Because there is no oversight for the sizing of dietary supplements, the FDA report continued to suggest that eldercare providers help “residents avoid taking several pills at once, avoid extra-large pills or capsules, and swallow supplements with plenty of water or other fluid.”

quarterly violator report

Illinois Nursing Homes Named in Second Quarter Violators Report By IDPH

The Illinois Department of Public Health (IDPH) has released its second Quarterly Report of Nursing Home Violators for 2019. This report dates April 2019 thru June 2019 and highlights 113 Illinois facilities cited for violations of the Nursing Home Care Act, a statute that provides nursing home residents and their families with the assurance that proper and safe care will be received.

Facilities with violations in quarter two of 2019 include:

nursing home neglect

Negligence Led to Fall and Untimely Death of Cook County Nursing Home Resident

Pamela Dimo and Margaret P. Battersby Black of Levin & Perconti are representing a woman suing an assisted living facility alleging that an elderly resident was caused to fall and subsequently die due to negligence. The estate of Sarah Robinson filed the complaint on March 29 in the Cook County Circuit Court against Parkshore Estates Nursing and Rehabilitation Center LLC dba Parkshore Estates Nursing & Rehabilitation Center, infinity Healthcare Management of Illinois LLC, Paulette Alexander RN, Thomeka Brown, Juanita Davis LPN and Aishia Shipp LPN, Abigail Sullivan RD, Tijuana Haywood RN and Rachael Nnabuo RN.

According to the complaint:

nursing home neglect

Long-Term Care Resident Left Unattended Dies While Smoking Near Oxygen Tank 

Ohio police in Oakwood Village are investigating the death of a resident from Grande Oaks Nursing Home. The man had caught on fire while smoking a cigarette in his wheelchair outside of the facility. Reports show he was allegedly smoking outside while using an oxygen tank when his wheelchair caught fire. Because staff allegedly were not aware, they did not respond. Unfortunately, it wasn’t until someone driving by noticed the fire and smoke and immediately contacted 911. Local police say they arrived to a smoldering wheelchair parked in front of the building with a male laying on the ground, face down. The man had already stopped breathing and CPR was administered. He later died from his burn-related injuries at a nearby hospital.

Centers for Medicare & Medicaid Services (CMS) policies show, “Oxygen use is prohibited in smoking areas for the safety of residents (NFPA 101, 2000 ed., 19.7.4). Facilities should ensure resident safety by such efforts as informing visitors of smoking policies and hazards to prevent smoking-related incidents and/or injuries.

nursing home wrongful death

Diabetic Patient Dies After Given Too Much Medication at California Care Facility

A diabetic patient has died at Bella Vista transitional care facility located in San Luis Obispo County in California, and the home is now facing a wrongful death lawsuit. The civil lawsuit states care staff gave an 85-year-old female patient too much medication to manage her diabetes when they dispensed four doses of medicine in less than four hours.

According to the complaint, the woman also had dementia, hypertension, hyperlipidemia in addition to her diabetes while a patient at Bella Vista the last eight months. She relied on facility staff for help with nearly all of her daily living activities and depended on them to manage her conditions and medications. As outlined in local news reports, the troubling events leading up to the woman’s death began in the early morning hours.

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Nursing Home Countersues Although Liability Accepted for Man’s Choking Death

In 2013, an 82-year-old man died from a preventable choking incident at Woodhaven Care Center in New York. The nursing home accepted liability for the man’s death, and a jury awarded $1 million to the man’s family highlighting the issues with understaffing. The wrongful death lawsuit stated that inattentive nursing home staff failed to provide the man with his dentures and fed him food that was not a part of his dietary plan. The man was then left unsupervised, choked on the meal and died within moments after a nurse’s station video camera caught the incident. Staff also waited nearly 20 minutes before calling for help and dialing 911.

Today, Woodhaven has outrageously presented a countersuit against the family of the deceased for alleged money yet owed for his stay. Our nursing home abuse and neglect attorneys plan to follow this story as mediation in the case will be scheduled in the future.

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Nursing Home Associated with Large, For-Profit Network Sued After Woman Suffered and Died

News of a recent lawsuit against Three Mile Curve Operations LLC, dba Logan Center, Genesis Healthcare LLC a nursing home in Logan Center, West Virginia alleges that poor care provided at the facility caused a woman who required rehabilitative services and assistance with day-to-day tasks to suffer from neglect related injuries and eventually die.

According to a March 25th report in the West Virginia Record, an incident took place on April 12, 2018, which triggered the untimely death of Ms. Lilian Messer soon after being admitted to the facility.

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