Madison - St. Clair Record

Tuesday, September 17, 2019

Belleville nursing home accused of misrepresenting facts in patient's fatal fall down the stairs

By The Madison County Record | Apr 15, 2015

The daughter of a deceased Belleville nursing home patient alleges her mother fell down a flight of stairs in a wheelchair, and the nursing home misrepresented the facts to authorities.

Mary J. Roth filed her lawsuit on April 2 in St. Clair County Circuit Court against Midwest Rehabilitation and Respiratory Center LLC, doing business as Midwest Rehabilitation and Respiratory Center, and Senior Healthcare Management LLC on behalf of Cleda Juanita Simmons, deceased.

Simmons was a resident of the defendant’s long-term nursing care facility. According to the complaint, Simmons traveled down a hallway in her wheelchair on March 12, opened a fire door and fell down a flight of stairs in a fatal accident.

The complaint argues that the defendant removed the decedent’s body from the scene of the accident without notifying authorities and further misrepresented the facts by claiming the facility had notified Simmons’ daughter.

The suit states that as a result of the accident, Simmons endured pain and suffering, mental anguish, emotional distress, loss of dignity, and disability in the time up until her death.

Roth claims the defendant violated the Illinois Nursing Home Care Act and the Illinois Survival Act. She also alleges conscious pain and suffering, wrongful death and spoliation of evidence.

Roth is seeking damages in excess of $50,000, plus attorneys’ fees and costs. The plaintiff is represented by Brad L. Badgley of Belleville.

St. Clair County Circuit Court case number 15-L-190

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