MEDIA – A Delaware County woman alleges that due to a nursing facility’s neglect, her mother suffered a series of illnesses that ultimately resulted in her untimely death two years ago.
Lynne Boghossian (Executrix of the Estate of Kathryn Cotler, deceased) of Bryn Mawr filed suit in the Delaware County Court of Common Pleas on Jan. 3 versus Rosewood Gardens SNF, LLC (doing business as “Rosewood Gardens Rehabilitation and Nursing Center”), of Broomall.
“Plaintiff Kathryn Cotler (decedent) was a patient resident of defendant’s facility known as ‘Rosewood Gardens Rehabilitation & Nursing Center’, beginning on or about Nov. 20, 2019 through on or about April 12, 2020. From March 2020 until her untimely passing on April 13, 2020, Cotler’s family was not permitted to visit her due to restrictions in place related to COVID-19,” the suit says.
“During her admission to defendant s facility and due to the neglect of defendant, plaintiff Kathryn Cotler (decedent) suffered infections, including pneumonia and urinary tract infection, severe dehydration, malnutrition, acute kidney injury, respiratory distress, and her untimely passing on April 13, 2020.”
The suit accuses the defendant and its employees of “failed to properly identify, assess and treat signs and symptoms of infections, dehydration, malnourishment, acute kidney injury and respiratory distress that plaintiff Kathryn Cotler (decedent) began exhibiting on or about March 24, 2020.”
The litigation adds that Cotler’s family attempted to communicate with the defendant’s staff by phone and their calls frequently went unanswered and unreturned, before later allegedly being lied to by the defendant’s staff on the specifics of her condition.
“On or about March 24, 2020, plaintiff Kathryn Cotler (decedent) developed a fever and dry non-productive cough. From that point, her appetite and fluid intake became very poor. Defendant failed to intervene and/or properly monitor and document Cotler’s decreased appetite and fluid intake, to the point where she arrived to the emergency room extremely dehydrated and malnourished, ‘bone-dry’ and having lost 10.5 pounds in water weight,” the suit states.
“On or about April 12, 2020, plaintiff Kathryn Cotler (decedent) was transported by ambulance to Bryn Mawr Hospital, where she was diagnosed with respiratory distress, tachycardic, tachypneic and hypoxic. Cotler was severely dehydrated and ‘bone-dry.’ There were no life-saving measures available to Cotler. She was discharged to hospice on April 13, 2020 and passed away hours later. On April 13, 2020 plaintiff Kathryn Cotler (decedent) died as a result of the negligence of defendant, which directly resulted in infections, including pneumonia and urinary tract infection, severe dehydration, malnourishment, acute kidney injury, respiratory distress and resulting complications.”
The suit says that the aforementioned events were due solely to the negligence and carelessness of defendant, and was due in no manner whatsoever to any act or failure to act on the part of the plaintiff.
For counts of professional negligence, survival and wrongful death, the plaintiff is seeking damages in excess of the arbitration limits, plus interest and costs.
The plaintiff is represented by Leonard P. Haberman of Haberman Law, in Philadelphia.
The defendant has not yet secured legal counsel.
Delaware County Court of Common Pleas case CV-2022-002455
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com