Wrongful death trial against Rosewood begins today

A woman’s wrongful death lawsuit against Rosewood Care Center is set to begin today in Madison County Circuit Judge Ann Callis’ courtroom.

The case has been litigated for six years. It was set for trial last June, but was continued at the request of both parties.

On Jan. 8, Callis signed an order scheduling the trial to begin March 4.

Plaintiff Diana Obernuefemann sued the Edwardsville nursing home in 2007, claiming it was negligent for allegedly placing a Duragesic narcotic patch on resident Kathleen F. Adams before removing another one that was in place as a result of a hospital stay.

Obernuefemann, administrator of Adams’ estate, claims Adams suffered an overdose and aspiration pneumonia and died on June 7, 2006.

The suit alleges violations of the Illinois Nursing Home Care Act. It claims that the defendant’s alleged negligence was a proximate cause of Adams’ death and damages.

In their defense, Rosewood said the plaintiff’s death was caused by a preexisting medical condition. The defense also states the decedent’s death was the result of conduct of persons not named in the lawsuit.

Rosewood is represented by Dennis McCubbin.

Obernuefemann is represented by attorney Robert Gregory.

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

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