Hylla to hear motions in suit against Rosewood Care Center

Amelia Flood Apr. 20, 2010, 5:56am


Madison County Circuit Judge David Hylla is set to hear motions April 29 in a woman's suit against Rosewood Care Center.

Rosewood is asking for summary judgment on parts of Diana Obernuefemann's suit. Obernuefemann is suing as administrator of the estate of Kathleen Adams.

The suit alleges that the Edwardsville nursing home failed to notify that Kathleen Adams' condition deteriorated after staff placed a second Duragesic pain medication on her without removing the first one.

Adams died in June 2006, four days after returning from the hospital to the nursing home with the first patch in place.

Obernuefemann's suit seeks damages of at least $50,000.

The summary judgment move had been set for April 9, after it pushed off the suit's April 5 trial.

It was moved again and will now be heard next week.

Hylla vacated an order granting summary judgment to two amended defendants in the case, Larry Vander Maten and Darrell Hoefling on March 10.

Attorneys Robert Gregory, for the plaintiff, and Dennis McCubbin, for the defense, will once again face off in the case. Gregory and McCubbin have met in two trials involving Rosewood within the last year. Gregory won one and McCubbin won one.

Gregory's victory came in the retrial of a man's case alleging the nursing home allowed his father to fall and break a hip during a visit to the facility.

McCubbin won a case where a patient's widow claimed the nursing home failed to treat a progressively worse heel ulcer.

The Obernuefemann hearing will begin at 1:30 p.m.

Hylla presided over both trials above.

The case is Madison case number 07-L-239.

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