Defendant removes medical negligence suit to federal court

By Bethany Krajelis | Jan 18, 2013

A medical negligence lawsuit against a pair of St. Clair County nursing homes and about two dozen other defendants has been removed to federal court.

One of the defendants, Dr. Shailaja Pulisetty, filed notice of the removal Thursday, marking it the second time the suit has been moved to a different jurisdiction since Judith Boyd filed it in 2010.

Boyd, as special administrator of the estate of her deceased husband Larry Boyd, first brought the suit in the Cook County Circuit Court, which then transferred the matter to St. Clair County.

Her first amended complaint includes claims under the Nursing Home Care, Wrongful Death and Survival acts.

She asserts that her husband, while in the care of doctors and nurses at Virgil Calvert Nursing & Rehabilitation Center in August 2008, developed skin breakdown, which led to other medical problems that she contends ultimately caused her husband’s death.

The suit also includes similar claims against Cahokia Nursing Home & Rehabilitation Center, where Larry Boyd stayed as a resident in November 2008. It was unclear from the complaint exactly how long Larry Boyd stayed at either nursing home.

Among other allegations, Boyd asserts that the nursing homes, as well as some of the other defendants, failed to ensure the facilities were adequately staffed and prevent the development and progression of her husband’s condition.

Pulisetty, who filed notice of removal to federal court, was one of several doctors and nurses named in the suit. Pulisetty, the complaint states, was a medical director in 2008 and practiced at nursing home facilities and institutions throughout the state.

The doctor’s removal notice was filed by Assistant U.S. Attorney Laura J. Jones. The notice states that at all relevant times, Pulisetty was acting within the scope of her employment for the United States of America.

Boyd is represented by Sonia Kapoor, an attorney with Kralovec, Jambois & Schwartz in Chicago.

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