Virgil Calvert nursing center sued over resident's decubitus ulcers

By Kelly Holleran | Jun 8, 2011

Two women have filed suit against the nursing home which they say contributed to a woman's death by failing to properly treat her.

Dorothy King and Rebia Kenney claim Vandy May lived in the Virgil Calvert Nursing and Rehabilitation Center from May 21, 2001, through Sept. 10, 2001. During her stay, May developed decubitus ulcers, recurrent urinary tract infections, an infection of her urinary tract, malnutrition and dehydration, according to the complaint filed May 12 in St. Clair County Circuit Court.

As a result of her conditions, May died on Nov. 17, 2001, the suit states.

King and Kenney claim they filed the same lawsuit in 2003, but dismissed it without prejudice and are now filing it again.

In their complaint, King and Kenney say May experienced pain and suffering and became further disabled before her death.

The plaintiffs blame the defendants for causing May's death, saying the nursing home negligently failed to properly supervise May, failed to protect May from neglect and failed to timely notify May's physician of significant changes in her condition.

In addition, Virgil Calvert Nursing and Rehabilitation Center negligently failed to provide May with necessary treatment and services, failed to maintain that May's body weight and protein levels stayed adequate and failed to provide May with sufficient fluid intake, the suit states.

The nursing home also failed to provide appropriate treatment for a urinary tract infection, failed to provide treatment to allow May the highest functioning possible, failed to provide 24-hour nursing services from enough qualified nursing personnel to meet the nursing home's needs and failed to ensure that a nursing home plan was established for May, the complaint says. King and Kenney claim the home also failed to maintain May's clinical records.

The owners of the nursing home, SW Management Company, failed to manage the nursing home to provide adequate supervised care, failed to protect May from neglect and failed to provide adequate nursing services from enough personnel, according to the complaint.

Dr. Basga Bernard, May's physician, allegedly failed to order appropriate diagnostic tests to accurately diagnose May's condition, failed to timely admit May to a hospital, failed to provide May with adequate medical treatment, failed to diagnose May's conditions, failed to refer May to a qualified physician, failed to provide proper medical treatment for May and failed to evaluate May's exacerbation of symptoms, the suit states.

In their six-count complaint, King and Kenney are seeking a judgment of more than $300,000, plus attorney's fees and costs.

They will be represented by Staci M. Yandle of The Law Offices of Staci M. Yandle in
O'Fallon will be representing them.

St. Clair County Circuit Court case number: 11-L-242.

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