A wrongful death lawsuit has been filed against a nursing home and its management companies, alleging severe negligence that led to the death of an elderly resident. The complaint was filed by Melissa Benedetto, Executrix of the Estate of Sally H. Pincus, deceased, in the Court of Common Pleas of Delaware County on July 22, 2024, against Platinum Health at Westgate LLC d/b/a Westgate Hills Rehabilitation & Nursing Center.
The lawsuit details a series of alleged failures by the defendants, including PHWH Holdings LLC and Prestige Healthcare A.S. LLC d/b/a Prestige Healthcare Administrative Services. According to the complaint, Sally H. Pincus was admitted to Westgate Hills Rehabilitation & Nursing Center on February 3, 2023. On February 17, 2023, she sustained an unwitnessed fall in her room and subsequently complained of left leg pain. Two days later, she was transferred to Bryn Mawr Hospital where she was diagnosed with a left hip fracture requiring surgical repair. Pincus's condition deteriorated following the injury and she passed away on September 30, 2023.
Benedetto asserts that the injuries and subsequent death of her mother were directly caused by the defendants' negligence in providing adequate care and maintaining proper staffing levels at their facility. The complaint states that "Defendants knowingly established staffing levels that created recklessly high resident-to-staff ratios," which contributed to insufficient monitoring and care for residents like Pincus.
The plaintiff is seeking damages exceeding $50,000 for each count cited in the complaint. These counts include negligence and corporate negligence against all three defendants: Platinum Health at Westgate LLC, PHWH Holdings LLC, and Prestige Healthcare A.S. LLC. The lawsuit alleges that these entities failed to use reasonable care in maintaining facilities and equipment used for resident care, selecting competent nursing staff, overseeing fall prevention measures, and ensuring sufficient funding for adequate care.
Additionally, Benedetto claims damages under Pennsylvania's Wrongful Death Statute for pecuniary losses such as support services and medical expenses incurred due to her mother's injury and subsequent death. She also seeks compensation under the Survival Statute for conscious pain and suffering experienced by Pincus as a result of the defendants' actions.
Representing Benedetto is attorney Christopher J. Culleton from Swartz Culleton PC. The case has been assigned Case ID NO., with a jury trial demanded in Delaware County Court.