PITTSBURGH – A Pittsburgh widower alleges that a University of Pittsburgh Medical Center-affiliated facility is responsible for the eventual death of his wife, after she first fell while being transferred from her wheelchair to her bed.
James Cabbagestalk (as Administrator of the Estate of Barbara Cabbagestalk, deceased) filed suit in the Allegheny County Court of Common Pleas on Feb. 13 versus The Heritage Shadyside (doing business as “UPMC Heritage Place”). Both parties are of Pittsburgh.
“On June 5, 2021, the defendant admitted Barbara Cabbagestalk to UPMC Heritage Place. Plaintiff’s decedent, Barbara Cabbagestalk, was admitted to UPMC Heritage Place in order to undergo physical therapy and occupational therapy,” the suit says.
“When Barbara Cabbagestalk was admitted to UPMC Heritage Place, she was accessed as a high fall risk with the maximal assist to transfer from her wheelchair to her bed. On or about July 2, 2021, while Barbara Cabbagestalk was being transferred from her wheelchair to her bed with the assistance of agents, servants and/or employees of the defendant, Barbara Cabbagestalk fell and landed on her left side, resulting in the damages and injuries set forth below.”
The suit adds that the employees in question failed to properly transfer Barbara Cabbagestalk from her wheelchair to the bed, among other negligent failures in proper care procedures.
“As a result of the negligence of the defendant as aforesaid, plaintiff’s decedent, Barbara Cabbagestalk, sustained the following injuries: Left side sacral ALAR fracture, large left arm breast and flank hematoma and other possibly serious injuries,” the suit states.
“As a result of the negligence of the defendant as aforesaid and plaintiff’s decedent’s injuries as set forth above, plaintiff’s decedent, Barbara Cabbagestalk, sustained the following damages: She endured pain, suffering, inconvenience, embarrassment, mental anguish, emotional and psychological trauma; She was required to spend money for medical treatment and care, medical supplies, rehabilitation, medicines and other attendant services; Her general health, strength, and vitality were impaired and she was unable to enjoy various pleasures of life that she previously enjoyed.”
For two counts of negligence and corporate negligence, the plaintiff is seeking damages in excess of the arbitration limits of this Court, plus interest and costs.
The plaintiff is represented by Richard C. Levine of Ainsman Levine, in Pittsburgh.
The defendant has not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-23-002006
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com