SCRANTON – A settlement has been reached between the estate of a nursing home patient who died of a necrotic ulcer and an East Stroudsburg care facility where she allegedly suffered the fatal injury.
Terri Allfrey, the administratrix of the estate of Mary Ann Miller, a deceased patient who received treatment at Golden Living Center – Stroud first filed the case in the U.S. District Court for the Middle District of Pennsylvania on Nov. 30, 2017.
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, U.S. District Court for the Middle District of Pennsylvania Judge Robert D. Mariani rejected the facility’s attempt to dismiss punitive damages, ruling Allfrey’s complaint stated credible allegations to put forward such a claim.
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.
UPDATE
On Aug. 20, counsel for Allfrey announced in a letter to judges Carlson and Mariani that a settlement had been reached in the case and the resultant paperwork was in the process of being finalized. Two days later, Mariani ordered the case closed. As of yet, terms of the settlement have not been disclosed.
“The Court have been notified that the above-captioned action has settled, it is hereby ordered that this action is dismissed without costs and without prejudice to the right, upon good cause shown within 60 days, to reinstate the action if the settlement is not consummated,” Mariani said.
“Failure of a party to file a motion for reinstatement, or a motion for an extension of time to consummate the settlement, within the above 60-day time period will result in the automatic conversion of this dismissal from one without prejudice to one with prejudice.”
The plaintiff was represented by Kevin P. Foley of The Foley Law Firm, in Scranton.
The defendants were 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