EDWARDSVILLE - Attorney Eva Golabek filed a lawsuit against a nursing home and staff members over the death of a resident who contracted Covid-19 in August 2020.
Golabek, of Kralovec Jambois & Schwartz in Chicago, filed the lawsuit on behalf of plaintiff Catherine B. Crisel, as administrator of the estate of Bernitta Rena Howard, deceased, on Feb. 23 in the Madison County Circuit Court against Stearns Nursing and Rehabilitation Center, LLC., Aurora Cares, LLC, doing business as Tara Cares, LLC, Holly J. Brockman, R.N. and Haley J. Dressler-Osborn, LPN, alleging violation of the Nursing Home Care Act and wrongful death.
According to the lawsuit, Howard was a patient at Stearns Nursing and Rehabilitation Center from Sept. 12, 2017 to Aug. 4, 2020. Crisel claims that on July 27, 2020, two positive Covid-19 cases were reported in the designated Covid-19 positive unit - the North Hall - where Howard also resided. Howard was not tested for Covid-19 and remained in the North Hall.
Then on Aug. 4, 2020, at 2:29 p.m., one of the nurses documented that Howard had a change in condition when she had not been feeling well and her appetite was poor. Crisel alleges the nurse documented that Howard's oxygen saturation was 94 percent on room air and went up to 95 percent with repositioning, but she allegedly failed to implement further monitoring for Covid-19 symptoms. Howard's oxygen saturation later dropped to 80 percent, and she was running a fever of 101.5. Howard allegedly "complained of diarrhea, general malaise and was lethargic with poor skin turgor."
Howard was transferred to Gateway Regional Medical Center, where she was diagnosed with Covid-19, pneumonia and dehydration. She was moved to the ICU on Aug. 7, 2020, and allegedly asked the staff to do "whatever you have to do to keep me alive." However, the suit states that on Aug. 8, 2020, her code status was changed to DNR/DNI due to her deteriorating condition.
Howard died on Aug. 13, 2020. Her cause of death was listed as hypoxemic respiratory failure and novel coronavirus infection.
Crisel alleges the defendants failed to ensure the health and safety of Howard, failed to provide appropriate infectious disease precaution and infection control measurements, failed to ensure routine and prompt Covid-19 testing, failed to ensure monitor vital signs, failed to recognize Covid-19 symptoms, failed to contact a physician for testing and treatment, failed to request further testing and failed to recognize Howard's change in condition.
She also claims the defendants failed to provide Howard with accommodations that were separate from residents who tested positive for Covid-19, failed to provide appropriate isolation precautions for residents and staff, failed to provide personal protective equipment and appropriate housekeeping measures. They also allegedly failed to screen visitors and failed to adequately record and track Covid-19 testing.
Crisel seeks an unspecified amount as compensation for injuries, losses and damages alleged.
Madison County Circuit Court case number 22-LA-000236