MEDIA – A Delaware County nursing home has denied allegations of neglect, which a local woman claims led her mother to suffer a series of illnesses that ultimately resulted in her untimely death more than two years ago.
Lynne Boghossian (Executrix of the Estate of Kathryn Cotler, deceased) of Bryn Mawr first 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 said.
“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 accused 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 added 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 stated.
“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 said 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.
UPDATE
Counsel for Rosewood Gardens SNF, LLC answered the complaint on Sept. 1 and denied its assertions.
“Plaintiff’s complaint fail to state any cause of action against answering defendant upon which relief can be granted. Plaintiff’s complaint does not state a cognizable medical professional liability claim against answering defendant. At all times material hereto, answering defendant provided skilled nursing services and/or other healthcare services in accordance with the applicable standard of care. If it is determined that answering defendant is liable on the plaintiff’s causes of action, answering defendant avers that the plaintiff’s recovery should be eliminated or reduced in accordance with the Pennsylvania Comparative Negligence Act,” the answer said, in part.
“Plaintiff’s claims are barred because of statutory and/or common law. Plaintiff’s claims are barred in whole or in part by plaintiff’s decedent’s assumption of the risk and/or contributory negligence. All of the claims and causes of action pleaded against answering defendant are barred by plaintiff’s decedent’s knowing, voluntary, fully informed consent to the care rendered. Plaintiff’s claims are barred in whole or in part by the applicable statute of limitations. The alleged acts or omissions of answering defendant were not a substantial factor in causing the injuries and damages alleged to have been sustained by plaintiff and/or plaintiff’s decedent. The alleged acts or omissions of answering defendant did not increase the risk of harm to plaintiff’s decedent.”
Among other defenses, the defendant asserted all defenses and limitations on damages which are available under the Medical Care Availability and Reduction of Error (MCARE) Act.
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 is represented by Lee J. Janiczek of Lewis Brisbois Bisgaard & Smith, in Wayne.
Delaware County Court of Common Pleas case CV-2022-002455
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com