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MADISON - ST. CLAIR RECORD

Friday, April 19, 2024

Nursing home sued over resident's COVID-19 death in March 2021

Lawsuits
Darrfirm

Attorney Lanny Darr of Darr Law Offices, Ltd. | Darr Law Offices, Ltd.

EDWARDSVILLE – The family of a man who died of COVID-19 is suing Riverside Rehab & Healthcare, alleging the facility failed to properly follow COVID-19 protocols to protect the decedent. 

Plaintiff Carol Dodd, acting as independent administrator of the estate of James L. Dodd, filed a wrongful death lawsuit in the Madison County Circuit Court against NH Operator Holdings VII, LLC, Alton NH, doing business as Riverside Rehab & Healthcare, and Melissa Schuettler, citing gross negligence and reckless conduct in violation of the Illinois Nursing Home Act.

According to the lawsuit, James was an elderly resident in the care of Riverside Rehab & Healthcare and Schuettler is listed as the administrator of the facility. The lawsuit states that in March 2021, Riverside ignored COVID-19 guidance issued by the Illinois Department of Public Health by failing to increase beds at the facility, failing to provide personal protective equipment (PPE) to its employees and residents and failing to properly test its residents and employees for COVID-19. The lawsuit adds that during the COVID-19 pandemic, Riverside allegedly instructed nursing staff to continue reporting to work even if they were experiencing COVID-19 symptoms. The lawsuit states that Riverside already had a poor history of infection control and that there were already COVID-19 infections prior to James Dodd's death.

As a result, James Dodd was diagnosed with COVID-19 on March 9, 2021, which caused him to be hospitalized and ultimately led to his death on March 10, 2021, the suit states. 

According to the lawsuit, Riverside and its employees failed to perform their required duties to properly safeguard James, an elderly patient, from contracting COVID-19. As Dodd was admitted into their care, he was a protected individual under the state's Nursing Home Act. The suit states that Dodd experienced pain and suffering, mental anguish, and ultimately died as a result of the defendant's negligence and carelessness. 

The plaintiff is seeking damages in excess of $50,000, plus court costs, attorney fees and any other relief the court deems proper. She is represented in this case by attorney Lanny Darr of Darr Law Offices in Alton. 

Madison County Circuit Court case number 2022LA001481

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