EDWARDSVILLE – A wrongful death lawsuit was filed against Aspen Creek by the husband of a resident with Alzheimer's who was found dead in frigid temps after leaving the Troy facility in the early hours of Jan. 31.
Plaintiff Thomas Kinkel, acting as administrator of the estate of his late wife Kathleen "Kitty" Kinkel, filed a wrongful death lawsuit in the Madison County Circuit Court against Aspen Creek Development, LLC and Aspen Creek Management, Inc., citing negligence and recklessness in violation of the Illinois Nursing Home Act.
According to the lawsuit, Kitty had Alzheimer's and was admitted as a resident on Jan. 28, at Aspen Creek, which advertises itself as a memory support residence for patients with Alzheimer's. Three days later on Jan. 31, Kitty was discovered frozen to death in the snow just outside the facility.
Video surveillance shows that Kinkel exited the facility shortly after 2 a.m. and went out into the "coldest night of the year." By opening the exit door, she triggered the alarm. Staff members allegedly checked the door and looked out the window, but didn't search outside because they said they didn't see footprints in the snow. Staff members also reportedly told investigators that they checked on all the residents but didn't go all the way into Kitty's room, because it looked like she was laying in bed, the suit states.
Facility staff also reportedly took a count of the residents, but did not physically account for Kitty and during the shift change at 6 a.m. Night staff allegedly reported that all residents were accounted for. Staff members discovered Kitty's body at approximately 8 a.m. just 54 steps from the facility, the suit states.
Thomas Kinkel claims the defendants negligently failed to properly supervise and monitor his wife, a resident with Alzheimer's, to prevent her from leaving the facility, negligently failed to supervise staff in a manner that cause them to be unable to locate Kitty after video surveillance showed her leaving the facility and negligently failed to lock entrances and exits in violation of their own policies and procedures.
The lawsuit states that as Kitty was admitted into the defendants' care, she was a protected individual under the state's Nursing Home Care Act.
Thomas Kinkel claims his wife experienced pain, suffering, mental anguish, and ultimately died as a result of the defendants' negligence and carelessness. He adds that Kitty's death has caused her next of kin to suffer grief and sorrow.
The plaintiff is seeking damages in excess of $50,000, plus court costs and any other relief the court deems proper. He is represented in this case by attorneys with the Law Office of Christopher Cueto, LTD and the Law Office of Lloyd M. Cueto in Belleville.
Madison County Circuit Court case number 2023LA000209