PITTSBURGH – A health care company has been dismissed from a wrongful death action initiated by an Allison Park woman, who alleges that a variety of nursing care facilities and other parties committed collective negligence led to the death of an elderly man.
Carrie M. McCarthy (as Administrator of the Estate of Robert Herman Fritz and on behalf of the Wrongful Death Beneficiaries of Robert Herman Fritz) of Allison Park first filed suit in the Allegheny County Court of Common Pleas on Dec. 28 versus Arden Courts of North Hills of Pittsburgh, and others.
“Robert Herman Fritz was a resident of Arden Courts of North Hills, from Nov. 13, 2015 through Nov. 27, 2019, and suffered various injuries while a resident there including, but not limited to, falls and a fractured hip, which contributed to his death on Feb. 13, 2020,” the suit stated.
The suit added Fritz was admitted to the facility in November 2015, with a history of Alzheimer’s dementia with psychosis and depression, along with an overall health status and cognitive function described as ‘fair’. He was found to be unable to self-administer medication and ‘immobile’ in a mobility needs assessment.
“During his residency, there were several behavioral issues reported. Fritz was verbally aggressive and throwing rocks on Feb. 1, 2016. On Feb. 28, 2016, Fritz was noted to have attempted to stab a nurse with a pen. Fritz was involuntarily committed to a psychiatric hospital due to this behavior for approximately two weeks,” per the suit.
After returning to Arden Courts of North Hills, various issues with Fritz were reported, including his falling, contracting ringworm, being incontinent, hip fractures, leg pain, lack of ambulation and finally, pressure ulcers on his left buttock and left heel – all of which ultimately proved fatal.
UPDATE
Through mutual stipulation, defendant Welltower, Inc. was recently dismissed from the case.
“On Jan. 17, 2021, plaintiff agreed to dismiss defendant Welltower, Inc. based upon the representation that said defendant did not operate Arden Courts-North Hills of Pittsburgh PA, LLC nor did said defendant exercise any type of direction or control over either the care or treatment offered to the residents of Arden Courts-North Hills during the residency period at issue in this case,” the stipulation stated.
“By entering into this stipulation, the dismissed defendant does not waive and expressly preserves any defenses available under the law should plaintiff seek to renew her claims against the dismissed defendant at a later point. Accordingly, the plaintiff agrees to dismiss said defendant as set forth in this stipulation.”
For multiple counts of negligence, wrongful death and survival, the plaintiff is seeking damages in excess of the compulsory arbitration limits and/or $50,000, whichever is greater, plus punitive damages, costs and any other relief the Honorable Court deems appropriate under the circumstances and a trial by jury.
The plaintiff is represented by Peter D. Giglione of Massa Law Group in Pittsburgh and D. Bryant Chaffin of McHugh Fuller Law Group, in Hattiesburg, Miss.
The defendants are represented by Eugene A. Giotto and Matthew F. Smith of Cozen O’Connor in Pittsburgh, Kristen Lynn Andrews and Deva Solomon of Steptoe & Johnson, in Wheeling, W. Va. and Morgantown, W. Va.
Allegheny County Court of Common Pleas case GD-20-013066
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com