PITTSBURGH – The son and daughter of a man who died while receiving care at a Veterans Administration hospital in Pittsburgh allege in a wrongful death lawsuit that his passing resulted from sub-standard treatment received from his caretakers.
The Estate of Larry Caruthers, Marquell Atkinson (Beneficiary of the Estate of Larry Caruthers and in his own right) of Coal Center and Lanaira Bowman-Caruthers (Beneficiary of the Estate of Larry Caruthers and in her own right) of Detroit, Mich. filed suit in the U.S. District Court for the Western District of Pennsylvania on Jan. 18 versus the United States of America.
“On or about July 2016, deceased plaintiff (age 56 at the time) came under the care and/or supervision and remained under the care and/or supervision of defendant at its above-stated hospital and/or medical care facility until his below-stated passing,” the suit says.
“As deceased plaintiff remained under the care and/or supervision of defendant, deceased plaintiff experienced and/or suffered the following: Hemiparesis, neurogenic bladder, hypernatremia, urosepsis/septic shock, nutrient deficits, oral secretions, tachycardia, aspiration pneumonia, osteomyelitis, retrocardiac opacification, hematochezia, rectal ulcers, bradycardia, bowel obstruction, proteus bacteremia, pressure ulcers, holecystitis, kidney disease and colitis.”
The suit adds the decedent also suffered the following symptoms associated with those conditions: Continuous mucous secretions, nausea/vomiting, chronic infections, chronic fevers, lethargy, weight loss, anemia, chronic coughing and internal bleeding.
“On Dec. 30, 2019, deceased plaintiff passed away while under the care and/or supervision of defendant, at its above-stated hospital and/or medical care facility. Defendant indicated that deceased plaintiff passed away as a result of a stroke, with a secondary diagnosis of pressure ulcers. It is believed and therefore averred that deceased plaintiff passed away as a result of the conditions and/or symptoms and/or effects (individually and/or in combination) identified above, resulting in deceased plaintiff suffering a fatal stroke and/or other major organ failure,” the suit states.
“It is believed and therefore averred that deceased plaintiff experienced and/or suffered the conditions identified and the resulting fatal stroke and/or other major organ failure, and the resulting damages pursuant to [state law], as a result of defendant being grossly negligent and/or reckless and/or negligent and/or careless and/or failing to adhere to acceptable standards in its care and/or supervision and/or treatment of deceased plaintiff.”
For counts of negligence, survival and wrongful death, the plaintiff is seeking compensatory damages, punitive damages, attorney’s fees, court costs, any other damages allowed by law and any other relief that this Honorable Court deems just and proper.
The plaintiff is represented by Andrew O. Stiffler of Mielnicki & Stiffler and Michael P. Petro of Seewald Mielnicki & Petro, both in Pittsburgh.
The defendant has not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:23-cv-00088
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com