PHILADELPHIA – A Colorado man alleges that the death of a Coatesville nursing care facility resident from an inter-cranial hemorrhage two years ago was the result of negligent care on the part of the facility and its staff, and has filed a wrongful death lawsuit to that effect.
The Estate of Leocadia Johnson (by and through her Executor, Raymond Johnson) of Fort Collins, Colo. filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Aug. 9 versus CCRC Brandywine, LLC (doing business as “Freedom Village at Brandywine”) of Brentwood, Tenn.
“Johnson was a resident of Freedom Village. On or about June 28, 2019, while a patient of defendant, plaintiff, Leocadia Johnson did suffer serious and permanent injuries (including death) from a fall. Prior to the fall, she was given both Percocet and Melatonin and was left unsupervised. After the fall, she was found on the floor with a table on top of her,” the suit says.
“She was taken to Paoli Hospital and was diagnosed with an inter-cranial hemorrhage. She ultimately passed away on July 15, 2019 as a result of the fall and inter-cranial hemorrhage. The fall occurred even though staff knew that Ms. Johnson was a ‘fall risk’, having entered the skilled nursing facility after a previous fall at home where she lived independently. This was the result of medical negligence by the defendant, causing plaintiff the injuries that form the basis for this action.”
The suit argues that Johnson’s injuries and death “were the direct and proximate result of the negligence of the defendant, its agents, officers, servants and/or employees, specifically the medical director, physicians, nursing executor, nursing staff, certifies nursing assistants, aides, assistants and/or orderlies.”
“At all times relevant hereto, defendant was licensed to and did accept Medicare patients/residents, defendant agreed that it would comply with all applicable federal and state laws, rules and regulations governing nursing facilities and the defendant held itself out to the public at large as specialists providing skilled and intermediate nursing services in the field of nursing care,” the suit states.
“The care that defendant and/or its physicians, nurses, aides, assistants, agents and healthcare staff exercised and exhibited in regard to Johnson, fell outside acceptable, professional, and healthcare safety standards and practices.”
For counts of corporate negligence, professional negligence, survival and wrongful death, the plaintiff is seeking damages, jointly and severally, in excess of $50,000 and an amount in excess of that requiring compulsory arbitration.
The plaintiff is represented by Leonard P. Haberman of Haberman Law, in Philadelphia.
The defendant has not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-03529
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com