Trial enters third day in Rosewood negligence suit

By Amelia Flood | Feb 19, 2010

A negligence trial against an Edwardsville nursing home entered its third day as jurors heard more testimony in the plaintiff's case.

On the first day of testimony, Tuesday, nursing home investigator Christianne Von Ronnakirk of the Illinois Department of Public Health, said that Rosewood violated its own policies and those of the state in its treatment of the plaintiff's husband.

Plaintiff Martha Flanary is suing Rosewood Care Center of Edwardsville on behalf of the estate of Gerald Flanary, her husband.
Her suit alleges that Rosewood violated the standard of care set out by the state's Nursing Home Care Act when it failed to prevent Gerald Flanary from developing an ulcer on his left heel and failed to notify his family and doctor about the change in his condition.

Gerald Flanary was later transferred to Gateway Regional Medical Center where he had several surgeries to remove dead and dying tissue related to the ulcer.

Rosewood argues that it cared for Flanary in the way set out by his doctor and that his diabetes played a role in the wound's development.

Martha Flanary's suit seeks damages in excess of $50,000 per count and costs.

The Flanary's son, Michael, testified Tuesday afternoon about the care his father received that he observed. He said he had been called by the nursing home numerous times when his father would not take medication.

The family alleges that the nursing home did not contact them about the worsening heel ulcer Gerald Flanary suffered.

Michael Flanary told jurors that he had asked the home to call him about issues with his father.

"I said, 'Look, I'm two miles away, I can jump in my car, no matter what, that's my dad," he said.

He testified his mother had become increasingly concerned about the care her husband was receiving at the Edwardsville nursing home.
After his father was released from Gateway, Michael Flanary said that he observed a difference in the case his father received at a different nursing facility in Highland.

"Polar opposites," he said. "The staff was taking care of everything. He seemed happier."

The defense declined to question Michael Flanary.

Jury selection lasted all through Tuesday, the first day of trial due to the Presidents' Day holiday.

Madison County Chief Judge Ann Callis is overseeing the trial.
The case is assigned to Madison County Circuit Judge Barbara Crowder. Callis took over the suit's trial as Crowder was due to preside over a different case's trial beginning on the same day.

The trial resumes today.

The case is Madison case number 05-L-747.

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