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Wrongful death suit filed following fall at care home

MADISON - ST. CLAIR RECORD

Saturday, November 23, 2024

Wrongful death suit filed following fall at care home

State Court

EDWARDSVILLE - A resident of a nursing home who fell at the facility died several months later as a direct result of the incident, his estate is claiming.

Charles Gill, 77, of Edwardsville, was a resident at Rosewood Care Center in Alton for several days after he was moved to the facility to recuperate following a minor stroke, the complaint states.

His daughter, Shelly Gill, as administrator of her father's estate, filed suit in Madison County Circuit Court against the facility owner, Bravo Care, accusing it of violations of the Nursing Home Care Act (NHCA) and of wrongful death.

In response to a request for comment from the Record, a member of the legal department of parent company, St. Louis-based Midwest Administration, said: "Is it a filing? Is it a lawsuit? We have no response."

According to the complaint filed Dec. 4, when Charles Gill entered Rosewood on Dec. 3, 2017, he was assessed as being a significant risk for a fall.

On Dec. 6 at approximately 1 a.m., Gill was found by staff on the floor of his room. He suffered a "traumatic and severe head injury due to the violent fall," it is stated.

The elderly man was transferred to a hospital and was diagnosed with acute brain damage. He continued to receive specialized neurological care until his death on Sept. 6, 2018.

It is claimed his death was directly linked to the fall, which happened due to the alleged failure to ensure his safety at the home through adequate supervision and other measures. This was particularly true as he was assessed at being at risk, according to the suit.

The administrator is asking for more than $50,000 on each of the counts, one alleging violations of the NHCA, including its provision stating that if he had survived Gill would have been entitled to damages and his estate has been diminished, and the other claiming wrongful death.

Estate administrator Shelly Gill is represented by Craig J. Jensen of MeyersJensen of Alton.

Madison County Circuit Court case number 2019-L-1721.

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