EDWARDSVILLE – A wrongful death suit alleges a former Alhambra Rehab & Healthcare resident fell six times under the facility's care which eventually caused his death.
Plaintiff Michaela Weiss, acting as independent administrator of the estate of Timothy Weiss, filed a wrongful death lawsuit in the Madison County Circuit Court against the Alhambra Rehab & Healthcare, LLC, WLC Management Firm, LLC and Scott Stout, citing negligence and recklessness in violation of the Illinois Nursing Home Act.
According to the lawsuit, Timothy Weiss was a resident from Feb. 5, 2021, through Oct. 1, 2021, at the Alhambra Rehab & Healthcare facility, which was owned and operated by WLC Management Firm and Stout. At the time of his admission, Weiss was known to be at high risk of falls and would need supervision for his daily living. Despite this, the lawsuit states that between Feb. 13, 2021, and Sept. 19, 2021, Weiss suffered falls on six separate occasions.
On Sept. 19, 2021, Weiss fell and was transported to St. Joseph Hospital in Highland where he he was diagnosed with a hip fracture and had to undergo surgery. The lawsuit alleges that his injuries and his surgery contributed to his poor health which caused his eventual death on Jan. 22, 2022.
The suit states Weiss experienced a deterioration of physical and mental health, a loss of dignity, poor quality of life, unnecessary pain and suffering and ultimately died as a result of the defendants' negligence and carelessness. Michaela Weiss claims the decedent's death has caused his next of kin to suffer grief and sorrow.
The lawsuit alleges that as Weiss was admitted into the defendants' care, he was a protected individual under the state's Nursing Home Care Act.
The plaintiff is seeking damages in excess of $50,000, plus attorney fees, court costs and any other relief the court deems proper. She is represented in this case by attorney Daniel A. Goldfaden of Levin & Perconti in Chicago.
Madison County Circuit Court case number 2023LA000163