EDWARDSVILLE - Beverly Farm Foundation, Inc. is being sued after one of its residents, a developmentally disabled adult, died while under the defendant's care due to "blunt chest trauma."
The lawsuit alleges Michael Bender, brother of Judy Bender, is the special administrator and representative of her estate. Judy Bender, a developmentally disabled adult with trisomy 21 genetic disorder, was under the care of a long-term care facility operated by Beverly Farm for the purpose of daily care and training.
On June 11, 2021, while under the facility's supervision, Judy Bender allegedly suffered a blunt force injury and was transferred to a hospital two days later, where she was diagnosed with medical issues including multiple rib fractures, pleural effusion, pneumothorax, and pneumonia. Judy Bender did not recover from her injuries and died on July 22, 2021, with her death certification attributing her passing to "complications of blunt chest trauma."
The lawsuit accuses Beverly Farm of violating the ID/DD Community Care Act, otherwise known as the Survival Act, by failing to provide Judy Bender with necessary care and services; failing to protect her from abuse and/or neglect; failing to inform her physician and family of significant changes in her physical, mental, or psychosocial status; and failing to review and/or be knowledgeable about her assessment and plan of care.
The lawsuit alleges one count of negligent abuse or neglect, one count of wrongful death, and one count of Res Ipsa Loquitur (that the cause of an accident is negligence).
Michael Bender seeks financial compensation equal to or greater than $50,000 for each charge, in addition to legal fees and additional rewards deemed suitable by the court. He is represented by MeyerJensen in Alton
Madison County Circuit Court case number 23-LA-903