PHILADELPHIA – According to the estate representative of a deceased Philadelphia man, a Chicago health care facility committed professional negligence in its care of the decedent, which led him suffer an injurious fall and resulting pain for the remainder of his life prior to his death.
The Estate of David Cook (represented by Administrator Donald Cook) of Philadelphia filed its complaint on May 20 in the U.S. District Court for the Eastern District of Pennsylvania, versus Felician Services, Inc. (doing business as “St. Ignatius Nursing and Rehab Center”) of Chicago and John Does 2-10.
“On and before May 20, 2018, David Cook was a resident-patient at defendant facility. He had several strokes and falls in the past. Hence, defendant knew that plaintiff’s decedent was a ‘fall risk’. It is alleged and averred that plaintiff’s decedent, Cook, suffered from advanced mental incapacity and was a fall risk,” the suit states.
“On or about May 20, 2018, while a patient at defendant’s nursing home facility decedent, Cook, while unsupervised, did fall causing him serious bodily injury including a fractured leg in three places that required surgery, including the insertion of a permanent nail in his tibia. Unfortunately, that surgery ‘failed’ which required a second surgery to repair the nail and/or correct the initial ‘failed’ surgery.”
Cook then had to endure two surgeries resulting from the fall. On or about May 29, 2018, Cook was transported back to Penn Medicine because the first surgery had “failed."
The suit alleges that the defendants committed professional negligence, which directly led to Cook’s fall and him suffering pain for the remainder of his life.
For counts of professional negligence and survival, the plaintiff is seeking compensatory damages including non-economic damages, medical bills and liens, plus damages for plaintiff’s decedent pain, suffering and mental anguish, total estimated future earnings from the time of his death until the end of his natural life expectancy, loss of retirement and social security income and such other damages as are permissible in a survival action.
The plaintiff is represented by Leonard P. Haberman of Haberman Law, in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-02367
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com