PITTSBURGH – A West Virginia woman stands by claims that her husband’s death was the result of numerous incidents of negligence on the part of his medical caretakers, which led him to suffer a multitude of injuries prior to death.
Janet Slaughter (individually and as Administratrix of the Estate of Larry Slaughter, deceased) of Bridgeport, W.Va. first filed suit in the Allegheny County Court of Common Pleas on March 22 versus Heritage Valley Health System, Inc. of Beaver and Valley Medical Facilities, Inc. of Sewickley (both doing business as Heritage Valley – Beaver).
“On March 26, 2020, decedent was transported to the premises by ambulance and admitted due to congestive heart failure and a build-up of fluid. The Heritage Valley defendants were aware that decedent suffered from a history of debility and rheumatoid arthritis, both of which placed him at an increased risk of falls. Considering this knowledge, an adequate care plan should have been developed to address his risk of falls. On March 31, 2020, decedent was discharged from the premises,” the suit said.
“An employee of the Heritage Valley defendants then transported decedent to his vehicle via wheelchair. The Heritage Valley defendants’ employee left decedent unattended as he attempted to maneuver from the wheelchair to the vehicle, despite having an obligation to ensure his safety and the employees’ awareness of Mr. Slaughter’s risk of falls. Left alone, Mr. Slaughter was forced to attempt to transfer himself from the wheelchair to his vehicle, and, in doing so, decedent’s foot gave out from under him and he fell to the ground. Decedent landed on his back with his right leg pinned under the dash of the vehicle and his left leg underneath him.”
Medical personnel at the scene assisted the decedent onto a stretcher and brought him back inside the hospital. Shortly thereafter, they told the decedent’s wife that the decedent had broken his back, and they were transferring him to Allegheny General Hospital.
“On April 13, 2020, decedent was moved to West Hills Health and Rehabilitation Center for rehabilitation. During his time at West Hills, decedent’s wound became infected. On May 11, 2020, decedent was discharged from West Hills and returned to his home where he was attended to by a home nurse. On May 17, 2020, decedent returned to AGH as a result of his infected wound. On May 27, 2020, decedent was transferred to Canonsburg General Hospital, where he was diagnosed with aspirating pneumonia and a kidney infection,” the suit stated.
“On May 28, 2020, decedent was moved to the Intensive Care Unit at Canonsburg. Decedent was released home from Canonsburg on June 1, 2020. Decedent remained home where he ultimately succumbed to fits injuries on July 21, 2020 in Beaver County, Pennsylvania. The preventable fall that occurred on the Heritage Valley defendant’s premises proximately caused this cascading series of events that ended in decedent’s death.”
UPDATE
The defendants filed an answer along with new matter on July 28, denying the plaintiff’s claims in their entirety and countering that they are barred under state law.
“To the extent plaintiff’s claims are barred by all applicable statutes of limitations and statute of repose. Under Pennsylvania law, answering defendants pled such statutes as an affirmative defense, Answering defendants claim the provisions of Chapter V, Act 13 (MCARE Act) and all defenses available pursuant to said Act as a complete and/or partial bar to the causes of action asserted by plaintiff. Plaintiff’s complaint sets forth a claim under the Pennsylvania Wrongful Death and Survival Act. As such, any claim set forth on behalf of Janet Slaughter individually, fails to set forth a cognizable claim under said statute.”
In an Aug. 9 reply to the defendants’ new matter, the plaintiff argued that said new matter states legal conclusions to which no responses are required – but if a response was deemed necessary, the averments of those paragraphs are denied generally, pursuant to Pennsylvania Rule of Civil Procedure 1029(e).
For counts of negligence, survival and wrongful death, the plaintiff is seeking damages in excess of the jurisdictional limits of compulsory arbitration, plus costs, interest and any all other relief permitted by the Court.
The plaintiff is represented by Peter D. Friday, Benjamin M. Kelly and Chad P. Shannon of Friday & Cox, in Pittsburgh.
The defendants are represented by Christopher C. Rulis of Rulis & Bochicchio, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-003066
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com