LANCASTER – The estate administrators of a deceased Pennsylvania man believe the elder care facility he was staying in prior to his death treated him with a lack of care during his stay, leading him to fall several times and sustain a neck fracture.
Cindy Simmons and Felicia L. Lacey, administratrixes of the Estate of Walter Thomas Marks, both of Cochrainville filed suit on March 17 in the Lancaster County Court of Common Pleas, versus Harrison Senior Living, Inc., Harrison Senior Living, L.P. and Harrison Senior Living Holdings, LLC, all of Coatesville, plus Harrison Senior Living of Christiana, LLC, in Christiana.
“On June 17, 2016, Walter Marks was admitted to Harrison Senior Living for a five-day respite stay. Upon admission, the facility was aware that Walter Marks was diagnosed with Alzheimer’s disease, dementia, anxiety, enlarged prostate, hypothyroid, anemia and vitamin deficiency, and was described as forgetful,” the suit says, noting Marks was at risk for injurious falls due to these conditions.
Through June 18-20, 2016, Walter Marks fell on two occasions, suffering an abrasion on his head and was unable to describe how he fell either time. It is unclear whether he suffered a third fall on June 21. After this fall, Marks “complained of pain to his left hip and he was moaning and grimacing when moved.”
Supposedly, according to the complaint, defendants did not assess him for a hip fracture or order an X-Ray. On June 22, 2016, Marks was transported home and the following day, his family took him to Jennersville Regional Medical Center due to complaints of hip pain.
“An X-Ray revealed a left femoral neck fracture. On June 24, 2016, Mr. Marks’ left hip was surgically repair with a gamma nail procedure. On July 26, 2016, Walter Marks died,” the complaint read.
The suit lists a number of citations the defendant facility received from the Commonwealth for improper care and among many charges, the plaintiffs concur the defendants failed to provide a safe environment and implement proper care towards Marks, including timely fall prevention, which they allege ultimately resulted in his death.
For charges of negligence, corporate negligence, vicarious liability, survival and wrongful death, the plaintiffs are seeking damages in excess of $50,000, plus punitive damages, costs, expenses and pre-judgment delay damages in this matter.
The plaintiffs are represented by Churchill H. Huston of Churchill Huston Law, in Philadelphia.
Lancaster County Court of Common Pleas case CI-17-02453
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com