PITTSBURGH – One health care company is seeking to be dismissed from litigation alleging that an Allison Park plaintiff’s mother was the recipient of sub-standard care at her nursing facility, leading her to suffer a fall that caused a cut on her head, a broken neck and a broken hip, which caused severe pain and led to her death.
Jeanne Popp (as Administratrix of the Estate of Madeline Miller and on behalf of the wrongful death beneficiaries of Madeline Miller) first filed suit in the Allegheny County Court of Common Pleas on March 31 versus MOS Grace MGT, LLC, Encore Health Services, Inc. and Executive Director Cathy Himes. All parties are of Allison Park.
“Madeline Miller became a resident of Grace Manor at North Park on or about Feb. 8, 2021, and remained a resident of the facility. Miller suffered injuries and damages during residency at defendants’ facility, including but not limited to, a fall that resulted in a laceration to her head, a fractured neck and a fractured hip which caused and/or contributed to her death,” the suit said.
“On her admission to Grace Manor at North Park on Feb. 8, 2021, Miller was a known fall risk and was noted to have difficulty in walking. Despite this, no adequate service plan was put in place at Grace Manor at North Park for falls or to prevent Miller from falling.”
The suit added that Miller developed a pressure wound to her inner left ankle in early March 2021, before being noted to be more confused and falling asleep on March 9, 2021 and was then sent to the emergency room.
“At the emergency room, she was found to have impaired cognition with safety awareness and judgment worsening. She was also diagnosed with a Stage III pressure ulcer to the right heel. On July 20, 2021, Miller suffered a fall at approximately 1 a.m. She was found with a laceration on the back of her head and was sent to the emergency room,” the suit stated.
“At the emergency room at UPMC Passavant Hospital, she was diagnosed with a C1-C2 neck fracture and a hip fracture. She was sent to UPMC Mercy Trauma Center. It was noted that she was crying in pain. Miller was not found to be a candidate for surgery. Due to her fractures, she required pain management around the clock. Miller died on Nov. 13, 2021. Her injuries at defendants’ facility caused and/or contributed to her death.”
UPDATE
Counsel for defendants MOS Grace MGT, LLC and Himes filed a motion to dismiss pursuant to affidavit of non-involvement on May 26, with respect to their co-defendant, Encore Health Services, Inc.
Encore Health Services, Inc. formerly owned Grace Manor at North Park, until selling it to MOS Grace MGT, LLC on Feb. 3, 2020.
“After Feb. 3, 2020, Encore Health Care Services, Inc. had no ownership or administrative or management role in Grace Manor at North Park after Feb. 3, 2020, and thus was not involved with decedent’s residence there beginning on Feb. 8, 2021. This Court should dismiss defendant, Encore Health Care Services, Inc. from this action because it was not involved in decedent’s care or the administration, operation or management of Grace Manor at North Park at any time during her residency beginning on Feb. 8, 2021,” the motion stated, in part.
“Pennsylvania Rule of Civil Procedure 1036 provides that any party seeking dismissal of an action based upon an affidavit of non-involvement shall file a motion to dismiss which shall have attached thereto the affidavit of non-involvement. 40 Pa. C.S. Section 1303.506 provides that ‘any health care provider named as a defendant in a medical professional liability action may cause the action against that provider to be dismissed upon the filing of an affidavit of non-involvement with the Court.”
For counts of negligence, wrongful death and survival, the plaintiff is seeking damages in excess of $50,000, plus punitive damages, costs and any other relief that the Court deems appropriate given the circumstances, along with a trial by jury.
The plaintiff is represented by Michael J. Fuller and D. Bryant Chaffin of McHugh Fuller Law Group, in Hattiesburg, Miss.
Defendants MOS Grace MGT, LLC and Himes are represented by Jennings L. Hart III of Davies McFarland & Carroll, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-003505
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com