Virgil Calvert nursing home sued on resident's behalf

Kelly Holleran Dec. 3, 2008, 3:45am

An attorney-in-fact has filed a suit against Virgil Calvert Nursing and Rehabilitation Center and its owner on behalf of one of the nursing home's residents, alleging the resident developed decubitus ulcers on her body because of the home's neglect.

Mayme Metcalf claims Katherine Nash has lived in Virgil Calvert Nursing and Rehabilitation Center in East St. Louis since 2000, according to the complaint filed Nov. 26 in St. Clair County Circuit Court.

While at the home, Nash developed the ulcers and has suffered severe and repeated pain, mental anguish and distress, the suit states.

In addition, she has become further debilitated and disabled and has incurred great medical expenses, Metcalf claims.

Nash's ability to participate in ordinary activities and to enjoy life have been adversely affected, according to the complaint.

She developed her injuries because the nursing home violated multiple provisions in the Nursing Home Care Act, including failing to administer proper medication and providing Nash with necessary treatment to prevent the development of the decubitus ulcers, the suit states.

SW Management Company, the owners of the nursing home, were negligent because they failed to operate the home in a way that provided Nash with adequate care and that protected her from neglect, failed to properly supervise its staff and failed to terminate employees who were known to be careless, incompetent and unable to comply with the home's policies, the suit states.

Metcalf claims SW Management also negligently failed to take reasonable steps to prevent and correct problems at the home and failed to apply its lawful and legal obligations.

In the five-count suit, Metcalf is seeking a judgment in excess of $150,000, plus attorneys' fees and costs.

She is also requesting the respondent in discovery, Ronnie Klein, be obligated to respond to discovery.

She is represented by Stephen C. Buser of the Law Office of Stephen C. Buser in Columbia.

St. Clair County Circuit Court case number: 08-L-611.

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