Trial continues in Rosewood negligence case

Amelia Flood Feb. 17, 2010, 10:32am

The plaintiff in a negligence suit against an Edwardsville nursing home opened her case Wednesday after jury selection consumed the trial's first day.

Plaintiff Martha Flanary is suing Rosewood Care Center of Edwardsville as executor of the estate of Gerald Flanary.

Testimony continued well past 4 p.m. Wednesday, with depositions from the plastic surgeon who treated Gerald Flanary in January 2004 and an investigator from the Illinois Department of Public Health.

The trial will resume Thursday.

In her complaint, Martha Flanry claims that after Gerald Flanary was admitted to the nursing hom in December 2003, he developed a pressure ulcer on his left heel that worsened due to a lack of care.

She claims that his next of kin and doctor were not notified of the condition and that Rosewood violated the standard of care set out by the Nursing Home Care Act.

Her suit seeks damages of at least $50,000 and costs.

The deposition testimony of Flanary's plastic surgeon described how the 76 year-old's condition worsened through three surgeries after he was admitted to Gateway Regional Medical Center from Rosewood.
Under cross examination by the defense, the surgeon testified he could not be certain of what role Gerald Flanary's diabetes played in the condition.

The investigator testified that she had found the Edwardsville nursing home to be in violation of its own policies for failing to alert a physician of the worsening of the ulcer and failing to prevent it.

Flanary's attorney, Robert Gregory, faced off with defense attorney Dennis McCubbin in a different suit against Rosewood. That suit was brought by a patient's son who alleged that his father's fall while at the facility contributed to his death.

Gregory won that case. Rosewood is currently appealing the jury's verdict.

Madison County Chief Judge Ann Callis is presiding. The case is assigned to Madison County Circuit Judge Barbara Crowder, however Crowder was slated to oversee a different trial starting Tuesday.

Jury selection lasted well into Tuesday afternoon before a panel was selected and sworn in at 4:05 p.m.

The case is Madison case number 05-L-747.

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