HARRISBURG — Golden Living Center-Stroud’s motion to dismiss punitive damages in a wrongful death lawsuit has been rejected by a federal judge in the U.S. District Court for the Middle District of Pennsylvania.
U.S. District Judge Robert D. Mariani handed down the order on April 9 based on a report and recommendation by U.S. Magistrate Judge Martin C. Carlson.
The case involves Terri Allfrey, the administratrix of the estate of Mary Ann Miller, a deceased patient who received treatment at Golden Living Center-Stroud. Miller was admitted to the facility in November 2015 after she fell and broke her hip.
When she was admitted to the facility, she was found to be at a high risk for bed sores, according to Carlson's report. Even though the medical facility allegedly knew about the risk, Miller developed a bed sore on her lower back on Dec. 4, 2015. A second bed sore allegedly was discovered on Jan. 5, 2016.
According to Carlson's report, the bed sores then became worse and more frequent. Miller’s condition then began to decline, and she was admitted to Pocono General Hospital, where doctors discovered that she had a “large tunneling necrotic stage 5 ulcer."
Miller passed away on Feb. 12, 2016.
Her autopsy allegedly revealed that the pressure ulcers contributed to her death, according to Carlson's report. Allfrey, who is suing on behalf of Miller's estate, claims that six days after she passed away, Golden Living Center-Stroud changed its treatment records. The medical center allegedly made entries that indicated that Miller had received more thorough care than she actually did.
Allfrey further claims that the facility violated an array of state and federal laws and regulations. The medical facility, however, moved to dismiss Allfrey's claim for punitive damages.
But Carlson found that Allfrey's "complaint states facts upon which relief can be granted" and should not be dismissed at this time.
"This [alleged] falsification of medical records, in turn, is suggestive of a consciousness of guilt, and would provide evidentiary support for the mental state needed to sustain a punitive damages claim," Carlson wrote in his report and recommendation. "Viewed in the light of these well-pleaded facts set forth in the complaint, a basis clearly lies in this case for a claim of punitive damages. Therefore, the defendants are not entitled to the dismissal of this punitive damages claim, and the defendants’ motion to dismiss should be denied."
Mariani adopted Carlson's recommendation and subsequently denied the motion.