MEDIA – An Upper Darby couple are litigating with Kindred Healthcare and a group of its physical therapists, after one of the plaintiffs was seriously injured during a rehabilitation session after leg amputation surgery.
Marjorie A. Foley and James A. Johnson of Upper Darby filed suit in the Delaware County Court of Common Pleas on Feb. 12 versus Kindred Healthcare, Inc. and Kindred Hospitals East, LLC of Louisville, Ky., Kindred Rehab Services, LLC of Wilmington, Del., Kindred Hospital Philadelphia – Havertown and Rachel McDaniel, P.T. of Havertown, and Jane Does 1-2.
“During a period of time commencing on or about Jan. 18, 2019, through on or about Feb. 21, 2019, plaintiff Marjorie A. Foley was a patient of defendants for the purpose of skilled nursing care and inpatient rehabilitation after above-knee amputation of her right lower extremity, which had been performed upon her in January 2019 at Lankenau Medical Center,” the suit states.
“At Kindred Hospital Philadelphia – Havertown, plaintiff was to receive skilled nursing care and inpatient physical therapy to increase her bed mobility and upper extremity strength, with progression to upright sitting, after above-knee amputation of her right lower extremity. Training would be at wheelchair level for sitting and locomotion with transition to the gym once able to tolerate being out of bed in a wheelchair.”
The suit adds that the defendants knew or should have known that as a result of her body habitus, her condition, the nature of her recent surgery and an inconsistent response to physical therapy, plaintiff Foley was an individual with poor rehab potential and who was at risk for falls, especially during parallel bar activities.
Nonetheless, the suit claims defendant McDaniel insisted Foley attempt the parallel bars during a rehabilitation session on Feb. 21, 2019. What resulted was Foley falling to the ground near the parallel bars and sustaining a number of serious injuries, the suit says.
“As a result of the above-described fall during physical therapy on Feb. 21, 2019 caused by the conduct of the defendants, plaintiff Foley sustained an acute kidney injury, fractured hip and severely broken left femur, requiring surgical reduction and fixation and placement of a titanium rod in her left leg,” per the suit.
“Following the fall, plaintiff Foley was unable to walk or otherwise mobilize, was bedridden, was in severe pain and barely able to move. Accordingly, plaintiff Foley was admitted to Main Line Health and Life Care Hospital of Chester County for rehabilitation. As of April 26, 2019, plaintiff Foley was discharged to home where she has remained to date, completely bedridden and immobile.”
For counts of negligence and negligent infliction of emotional distress, the plaintiff is seeking damages, individually, jointly and/or severally with the other named defendants, in excess of the jurisdictional limit for arbitration, plus interest, costs and damages for pre-judgment delay, and a trial by jury.
The plaintiffs are represented by Jeffrey M. Cooper in Upper Darby.
The defendants have not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2021-001661
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com