SCRANTON – An East Stroudsburg nursing home has motioned for partial summary judgment in a wrongful death lawsuit filed against it, representing its second attempt to avoid paying punitive damages in the case.
On Dec. 9, counsel for Golden Living Center – Stroud filed the summary judgment motion, arguing that the decedent’s pre-existing medical conditions showed the facility’s conduct would “not demonstrate that the actions of the defendants rise to the level of malicious, willful, or wanton conduct necessary for punitive damages.”
“Ms. [Mary Ann] Miller presented at the Golden Living – Stroud facility on Nov. 28, 2015 from Pocono Medical Center, where she received surgical treatment for a hip fracture after falling at her son’s home,” the motion read, in part.
“Ms. Miller presented to Golden Living – Stroud with co-morbidities including a history of stroke, coronary artery disease, hypertension, diabetes, elevated cholesterol, reflux, obesity, and a sacral ulcer developed at Pocono Medical Center.”
Further, the defendants argued the plaintiff’s expert witness, Dr. Harold Brem, “acknowledges that Ms. Miller presented to Golden Living – Stroud from Pocono Medical Center with a sacral ulcer that he categorized as ‘unavoidable,' though he characterized its progression as avoidable.”
“On his review of the record, Dr. Brem claims at various points in his report that Golden Living – Stroud ‘did not meet nor provide the standard of care’ as to Ms. Miller, that it ‘breached’ and ‘grossly breached’ the standard of care in failing to avoid the progression of Ms. Miller’s wound,” the motion continued.
However, the motion’s argument concluded that the facility’s conduct was not sufficient to merit punitive damages consideration.
The motion now remains pending before U.S. District Judge Robert D. Mariani.
The case was first filed in the U.S. District Court for the Middle District of Pennsylvania on Nov. 30, 2017 by 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 arrived, she was found to be at a high risk for bed sores, according to U.S. Magistrate Judge Martin C. 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, and then a second bed sore was allegedly 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.
Per Carlson’s report, Miller’s autopsy allegedly revealed that the pressure ulcers contributed to her death.
Allfrey claimed that six days after she passed away, Golden Living Center – Stroud changed its treatment records and allegedly made entries that indicated that Miller had received more thorough care than she actually did.
Allfrey further alleged that the facility violated an array of state and federal laws and regulations, but the medical facility initially moved to dismiss Allfrey's claim for punitive damages in April 2018.
The following month, Mariani rejected the facility’s attempt to dismiss punitive damages, ruling Allfrey’s complaint stated credible allegations to put forward such a claim.
The plaintiff is represented by Kevin P. Foley of The Foley Law Firm, in Scranton.
The defendants are represented by Eric E. Reed and Jacqueline M. Carolan of Fox Rothschild, in Philadelphia.
U.S. District Court for the Middle District of Pennsylvania case 3:17-cv-02200
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com