The Richmond Register

April 27, 2010

Wrongful death suit filed against nursing home

By Brian Smith
Register News Writer

RICHMOND — The son of a former patient at the Kenwood nursing home has filed a lawsuit as the administrator of her estate against the facility, alleging the facility caused her death.

Charles Brock filed the suit Friday in Madison Circuit Court against Fir Lane Terrace, which is known as Richmond Health and Rehabilitation — Kenwood, as well as the facility’s owner, Extendicare, and a number of Extendicare’s wholly owned subsidiaries, alleging they are responsible for the death of his mother, Margaret Brock.

The suit also names three administrators, Cynthia Simpson, Amanda Jackson and Lisa Johnson, as well as five unnamed employees who allegedly assisted in caring for Brock.

Margaret Brock, 80, was admitted to the facility on Aug. 27, 2008, according to the suit, and died Oct. 7, 2008.

The suit alleges that the defendants “failed to discharge their obligation of care to Margaret E. Brock with a conscious disregard for her rights and safety.”

The complaint cites “numerous violations” related to health and safety regulations that the facility was cited for immediately before Brock became a resident.

During her stay at Kenwood, the suit claims Brock suffered falls, abrasions, medication errors, malnutrition, dehydration and weight loss, pneumonia, complications related to chronic obstructed pulmonary disorder, infections including methicillin-sensitive staphylococcus aureus, sepsis, poor hygiene, pain and eventually death.

The suit also accuses the defendants of violating Brock’s rights as a long-term care facility resident under the state’s bill of rights for residents.

Charles Brock is seeking punitive and compensatory damages and a jury trial in the suit, which has been assigned to Madison Circuit Judge William G. Clouse.

A court date has not yet been scheduled, and Extendicare has yet to file a response to the suit with the Madison Circuit Clerk’s office.

Kenwood and another Richmond Health and Rehabilitation facility, Madison Manor, have been the targets of several wrongful death suits following an investigation by state regulators into conditions at Madison Manor that resulted in criminal cases against several former employees.

The family of a Madison Manor patient, Armeda Thomas, used a hidden camera to document conditions at the facility. The video was later used as evidence to pursue criminal charges against the employees.

Brian Smith may be reached at bsmith@richmondregister.com or at 624-6694. For breaking news, follow Brian at www.twitter.com/ RR_BSmith.