MEDIA – The daughters of a Delaware County nursing home resident contend that she was improperly cared for by the staff of the facility where she was living and that same level of sub-standard care is what directly caused her death.
Catherine Kania of Havertown and Juliane Murphy of West Chester (individually and as executrixes of the Estate of Janet M. Chupein) filed suit in the Delaware County Court of Common Pleas on March 31 versus Asset For Life Home Care, LLC (individually and doing business as “Plush Mills Senior Living”), of Wallingford.
“Plaintiffs’ decedent, Janet Chupein, became a resident of Plush Mills in April of 2018. Plaintiffs’ decedent was a resident of Plush Mills and under the care of the defendant, when she died on Sept. 5, 2019. At the time of her death, plaintiffs’ decedent was 81 years old, having been born on April 10, 1938. At all times material and relevant hereto, plaintiffs’ decedent paid bi-weekly fees to reside at Plush Mills,” the suit states.
“The bi-weekly fee ranged from $80 to $100. When plaintiffs’ decedent moved into Plush Mills, she was capable of tending to her daily needs, with the use of assistance for longer walks. After moving into Plush Mills, plaintiffs’ decedent’s health began to rapidly decline and she underwent three separate hospitalizations in a relatively short period of time.”
In August 2019, during her final hospital stay, it was recommended that she obtain hospice care. Subsequently, Chupein was released from the hospital and to the hospice care at Plush Mills.
On Aug. 28, 2019, Plush Mills assured the plaintiffs that plaintiffs’ decedent would be placed under 24-hour care. But rather than receiving 24-hour care, the suit says the plaintiffs’ decedent received sub-standard attention from Plush Mills, which included being left to lay in urine-soaked adult diapers.
“On Sept. 4, 2019, plaintiff, Catherine Kania, visited Plush Mills to find her mother lying bed struggling to breathe, with her dentures missing from her mouth, while her aide was sleeping on the outside balcony. Thereafter, the new aide assigned to care for plaintiffs’ decedent discovered her missing dentures implanted in the skin of her buttocks and broken,” per the suit.
“The following day, Sept. 5, 2019, plaintiffs’ decedent passed away while pleading with her family, ‘Don’t leave me alone!’ As a direct and proximate result of the aforesaid incidents and the tortious conduct of Assist for Life, plaintiffs’ decedent, Janet M. Chupein, suffered immensely both physically and emotionally while under the defendant’s negligent care. Furthermore, Aug. 28, 2019, the day the plaintiffs’ decedent was placed in hospice care, the defendant deducted an unexplained and unauthorized fee from her bank account, in the amount of $1,781.25.”
For counts of survival, corporate negligence, negligent infliction of emotional distress and punitive damages, the plaintiffs are seeking damages in excess of $50,000 plus interest, delay damages, costs and a trial by jury.
The plaintiffs are represented by James J. Byrne Jr. and Kaitlyn T. Searls of McNichol Byrne & Matlawski, in Media.
The defendant has not yet obtained legal counsel.
Delaware County Court of Common Pleas case CV-2021-003128
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com