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Belleville nursing home denies liability in wrongful death suit

By Heather Isringhausen Gvillo | Nov 23, 2015

A Belleville nursing home denies liability in a wrongful death suit alleging neglect led to a patient’s death.

Wilbur Meyer Jr., executor of the estate of Dolores Ervin, filed a lawsuit on July 16 against Protestant Memorial Medical Center, doing business as Memorial Care Center, alleging negligence under the Nursing Home Care Act.

According to the complaint, the decedent suffered a hip fracture on June 9, 2013. Following the incident, she was admitted to Belleville Memorial Hospital. After a hip replacement surgery, she was then admitted to Memorial Care Center in Belleville on June 25, 2013.

Less than a month later, the plaintiff alleges Ervin suffered an injury to her right foot after an incident allegedly caused by medical staff while she was in a wheelchair, the suit states.

After several back and forth visits to and from the hospital and the care center, Ervin died on Sept. 16, 2013, at 87, the complaint alleges.

Protestant Memorial answered the complaint on Sept. 8 through attorneys Edward Bott Jr. and Mariel Taylor of Greensfelder Hemker & Gale in St. Louis. The defendant admits that certain care and treatment was provided to Dolores Ervin, but denies all other allegations against it.

Meyer seeks at least $50,000 in damages, court costs, attorney fees and a jury trial.

Circuit Judge Andrew Gleeson scheduled a status conference for Jan. 19 at 9 a.m.

The plaintiff is represented by Stephen C. Buser of the Law Office of Stephen C. Buser in Columbia and Daniel J. Hayes of Belleville.

St. Clair County Circuit Court case number 15-L-401

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