SCRANTON – A Scranton-based X-ray company denies it contributed to the untimely death of a resident in a Lackawanna County senior living facility, a charge the decedent’s estate vehemently denies.
Donna Williams (individually and as Administratrix of the Estate of Eugene J. Lippi, deceased) of Harvey’s Lake first filed suit in the Lackawanna County Court of Common Pleas on March 31 versus Glenmaura Senior Living at Montage, LLC (doing business as “Glenmaura Senior Living”) of Clarks Summit, Lackawanna Mobile X-Ray Inc. of Scranton and Darlene Dunay, D.O., of Old Forge.
“Prior to September 2020, Mr. Lippi was diagnosed with dementia. He was appropriately treated as an outpatient and resided independently at his home. Mr. Lippi was fully and independently ambulatory. Plaintiff Donna Williams decided to move Mr. Lippi to Glenmaura Senior Living after she saw advertisements in which it promoted its newly-built residential facility’s program called ‘Bridges’, that was dedicated to residents suffering with dementia,” the suit stated.
“Mr. Lippi moved to Glenmaura Senior Living on Sept. 15, 2020. At the time, he was fully ambulatory without assistance and was independent in activities of daily living, with limited assistance required when toileting. At Glenmaura Senior Living, Mr. Lippi came under the care of defendant, Darlene Dunay, D.O. Upon information and belief, Glenmaura Senior Living did not prepare a pre-admission screen or a residential assessment and service plan at the time of admission.”
Due to COVID-19 restrictions, visitors were not permitted at the facility and due to Lippi’s dementia, he could not speak on the telephone – however, the facility allowed the installation of a single “Blink” branded camera within Lippi’s apartment.
In November of 2020, Lippi was reported to have fallen at the facility, outside of his room. The facility claimed that it did not have initial knowledge of the fall and it was not witnessed by any members of the staff. Though it was not diagnosed initially, later x-rays would reveal that Lippi suffered a broken left leg in the fall.
In the aftermath of the fall, Dunay had not examined Lippi to determine the reason for his not being able to walk, yet regardless, ordered pain medication and physical therapy for him.
On Nov. 28, 2020, the suit said Lippi was the victim of an assault by a Glenmaura staff member, when being transferred from his bed to his wheelchair, which was captured on video. Though Glenmaura pledged to investigate the issue, the plaintiff said nothing substantive was done.
A later lack of treatment for Lippi’s broken leg and his lack of movement resulted in him developing skin ulcers and sepsis.
“On Dec. 28, 2020, Lippi underwent bipolar hemiarthroplasty surgery on the left hip. Following his inpatient care, Lippi was discharged and was transferred to inpatient care at Marywood Heights Nursing home on Jan. 12, 2021. On Jan. 16, 2021, Lippi was again admitted to Scranton Regional Medical Center, due to a hip dislocation,” per the suit.
“Lippi passed away on Feb. 4, 2021. Though the death certificate listed several causes, the primary causes of death were the direct result or the risk of which were increased by defendants’ conduct and lack of proper care following Lippi’s fall on Nov. 18, 2020.”
UPDATE
Counsel for Lackawanna Mobile X-Ray, Inc. filed an answer and new matter to the case on June 24, believing that the plaintiff has failed to state a claim upon which relief may be granted.
“Any acts or omissions of answering defendants alleged to constitute negligence were not real and/or substantial causes or factors and/or did not cause the injuries and/or losses alleged by plaintiff. Plaintiff’s alleged injuries, proof of which is specifically demanded, may have been the result of the negligence of other persons or entities over whom answering defendants exercised no control and which may constitute intervening or superseding causes of damage,” the answer stated.
“The incident, injuries and/or damages alleged by plaintiff were not proximately caused by answering defendant. No act or omission of answering defendant increased the risk of harm to plaintiff. At all times hereto, any treatment provided by answering defendant was in accordance with the applicable standards of medical care at the time and place of treatment.”
The defendant further alleged the plaintiff’s claims are barred or limited by the provisions of the Health Care Services Malpractice Act of 1975 and assert all defenses available pursuant to the MCARE Act.
Subsequently, on June 28, the plaintiff responded and argued that the defendant’s new matter were denied as conclusions of law.
For multiple counts of survival/gross negligence, survival/negligence per se, survival/negligence, wrongful death and negligent infliction of emotional distress, the plaintiff is seeking damages in excess of the mandatory arbitration limits of Lackawanna County, plus costs, interest, attorney’s fees and punitive damages.
The plaintiff is represented by David J. Selingo and David W. Saba of Selingo Guagliardo, in Kingston.
The defendants are represented by James A. Doherty Jr. and Grace D. Hillebrand of Scanlon Howley & Doherty in Scranton, plus Jeffrey W. McDonnell of the Law Office of Andrea J. Bullock, in Philadelphia.
Lackawanna County Court of Common Pleas case 2021-CV-01494
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com