Rosewood plaintiff asks Mudge to consolidate lawsuits

Christina Stueve May 21, 2012, 5:19pm


Plaintiff Barbara Morrissey McGrew on May 18 asked Madison County Circuit Judge William Mudge to consolidate her lawsuit against a long-term care facility in Alton with a similar suit involving her daughter.

Morrissey is accusing the staff at Rosewood Care Facility of causing serious injuries to her disabled daughter.

In the interests of "judicial economy and convenience" and to avoid duplicating discovery, the plaintiff requested a consolidation of cases for purposes of discovery and trial, according to plaintiff's attorney Ryan Nolte.

Nolte also requested both cases proceed before Mudge, who, Nolte wrote, is familiar with matters relating to the cases.

"Both of these complaints arise from the same set of facts and occurrences," Nolte wrote.

McGrew, as next friend of Therese Morrissey, filed the complaint last October against Michael Brady, Claims Administration Services LLC and Midwest Administrative Services Inc., Larry Vandermaten, Darrell Hoefling, Alton Real Estate Inc. and Rosewood Care Center Holding Company Inc.

McGrew says her daughter's disabilities include short-term memory loss and cognitive deficiencies that prevent her from caring for herself.

McGrew says Rosewood Care Center received Medicaid payments to cover the care provided by employees of the Humbert Road convalescent center. In October 2009, while in Rosewood's care, McGrew says Morrissey was severely injured when a nurse allegedly improperly inserted her feeding tube.

McGrew says the improper insertion of the feeding tube caused Morrissey to develop an infection that was not treated. She says her daughter was moved to the intensive care unit in a hospital because of the severity of the situation.

McGrew accuses all seven defendants of violating the Illinois Nursing Home Care Act for failing to provide care to her daughter, failing to monitor the patient and diagnose any medical problems.

She says Rosewood Care Center, its owners and managers are liable for failing to train staff and ensure patients receive necessary care.

She says the facility and staff is liable for failing to inform her of changes in her daughter's health after the infection developed.

McGrew is asking to be paid more than $50,000.

In another related case, the Alton nursing home sued a Godfrey man for not paying the bill for Therese Morrissey.

Ed Morrissey of Godfrey was listed in the lawsuit as the responsible party for Therese Morrissey for care at Rosewood.

Rosewood sought $650 for services to Morrissey when she was a resident Oct. 1-5, 2009. Rosewood also sought attorneys's fees.

A counterclaim was filed on Morrissey's behalf and against Bravo Care of Alton Inc., Michael Brady, Claims Administration Services LLC, Midwest Administrative Services, Larry Vander Maten, Darrell Hoefling, Alton Real Estate and Rosewood Care Center Holding Company, Inc. alleging violations of the Illionis Nursing Home Care Act and OBRA regulations.

The counterclaim alleges the nursing home failed to provide appropriate care when it knew or should have known Morrissey was at risk for aspiration and the dislodgment of her gastostomy tube.

The plaintiff was ordered to file a separate complaint against Michael Brady, claims administration services LLC, Midwest Administrative Services, Larry Vander Maten, Darrell Hoefling, Alton Real Estate Inc., and Rosewood Care Center Holding Company, Inc.

Michael F. Bonamarte and Nolte of Levin & Perconti in Chicago is representing McGrew.

Dennis McCubbin, Christie Eckhardt and Rebecca Pinto represent the defense.

Madison County Circuit Court Case No. 11-L-1020

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