EDWARDSVILLE – Manor Court of Maryville has been named in a wrongful death lawsuit alleging negligence contributed to the death of a resident.
Plaintiff Tanya Samuels, acting as independent administrator for the estate of Robert Brown, filed a lawsuit in the Madison County Circuit Court against defendants UDI #2, LLC doing business as Manor Court of Maryville, Unlimited Development, Inc., Community Living Options, Inc., LTC Support Services, LLC and Cynthia Taylor, RN, citing negligence in violation of the state's Nursing Home Care Act.
According to the lawsuit, Brown was a patient in the care of the Manor Court of Maryville from Aug. 16, 2019, through Oct. 12, 2021. Upon admission, Brown was assessed as incontinent and would need limited assistance for daily living. During his stay, Brown allegedly fell and injured himself on multiple occasions related to going to or returning from the bathroom. In response, medical staff planned to install a bedside urinal to accommodate Brown's needs, increase his 1:1 supervision and adjust his medication.
On Aug. 6, 2020, Brown fell and injured himself badly enough that he had to be transferred to Barnes Jewish Hospital for care. He was diagnosed with several hemorrhages and fractures. Manor Court allegedly came up with a new plan for Brown, but failed to include a toileting program even though an assessment stated that a toileting program was required.
Beginning on Oct. 14, 2020, Brown began to become aggressive against staff members and was sent to Gateway Regional Medical Center for new medication. He was then transferred to the dementia unit on his return to Manor Court. Brown eventually was transferred out of the dementia unit and was no longer being provided 1:1 supervision. For months, assessments noted that Brown was a fall risk and required supervision and a toileting program, which was never established.
The suit states that Brown fell several more times, with some of them serious enough to require outpatient services, until his death on Oct. 12, 2021. In total, he had 15 known incidents of falling down and injuring himself while at the facility, which allegedly contributed to his cause of death.
According to the lawsuit, Brown died as a result of the defendants' negligence and carelessness. The lawsuit states that the defendants violated the state's Nursing Home Care Act by negligently failing to provide sufficient care and staff to safely meet Brown's specific personal needs. The plaintiff alleges that those actions caused Brown to needlessly endure pain and suffering over a prolonged period of time up until his death. Samuels claims Brown's death has caused grief and sorrow to his next of kin.
The plaintiff is seeking damages and is represented by attorney David W. Terry of Terry Law Firm, LLC in St. Louis.
Madison County Circuit Court case number 2022LA0950