Madison - St. Clair Record

Tuesday, December 10, 2019

Patient sues hospital over toilet accident

By Carol Ostrow | Jul 8, 2015

Juliakerr crouppen

A St. Clair County resident filed a lawsuit against a health care facility alleging that its defective restroom facilities caused him harm in 2013.

David Kastner filed a complaint June 29 in St. Clair County Circuit Court against HSHS St. Elizabeth’s Hospital in Springfield, claiming that he sustained severe injuries when a toilet detached from a wall at the hospital in July 2013.

According to the filing, Kastner was seated on the toilet on or about July 1, 2013, while using the restroom during a visit to receive medical treatment. The suit states that the defendant knew or should have known of the lavatory’s condition; that it failed to use ordinary care to properly install, repair and maintain the fixtures and warn patrons of the hazard.

The plaintiff alleges serious and permanent injuries to his right wrist and left knee as a direct and proximate result of the defendant’s wrongful acts or omissions. He maintains that he has incurred $12,959.46 in medical expenses and has sustained loss of mobility, pain and suffering, mental anguish, and loss of enjoyment of life.

Kastner seeks judgment in his favor for damages in excess of $50,000 plus attorney’s fees and costs. He is represented by Julia Kerr of Brown & Crouppen in St. Louis, Mo.

St. Clair County Circuit Court case number 15-L-375.

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