A lawsuit alleging a resident with Alzheimer's suffered sexual assault at a Caseyville nursing home was filed in Cook County.
Attorney Alex Campos of Dudley & Lake LLC in Chicago filed the complaint on behalf of plaintiff Melissa K. Mitchell, independent administrator of the estate of Connie J. Kay, against Caseyville Nursing & Rehabilitation Center Inc. and SW Financial Services Co.
Cook County jurisdiction is established by SW Financial Services, which has a principal place of business in Cook County. The defendant provides “management services to skilled nursing facilities throughout the state of Illinois, including skilled nursing facilities located in Cook County.
According to the complaint, Kay became a resident of Caseyville Nursing & Rehab Center and was dependent on the staff to provide assistance with daily living activities. She allegedly suffered from Alzheimer’s disease, altered mental status, cognitive communication deficits, disorientation, muscle weakness and dementia. Due to her medical condition, Kay was also at risk of falling.
The suit states that Kay fell more than 25 times between February 2021 and October 2023. Then on Dec. 14, 2023, Kay suffered an edema on her right leg and bruising under the left breast that appeared dark purple. She allegedly reported leg and left arm pain when she was moved.
Kay was transferred to Memorial Hospital in Belleville on Dec. 16, 2023, where medical professionals observed bruising around her vagina and breast of unknown origin.
During her residency at the nursing home, Mitchell alleges the defendant was not adequately staffed to meet the personal and medical needs of Kay.
The suit states that four surveys from February 2022 through August 2023 cited the facility for failing to adequately staff a registered nurse. The nursing home was also cited for failing to have a full time director of nursing and failing to follow federal guidelines with regard to registered nurse coverage.
Additionally, the facility was cited for “failing to operationalize their abuse policy by not reporting allegations of sexual abuse to local authorities and for failing to report a reasonable suspicion of a crime committed against its residents.” The nursing home allegedly failed to report an allegation of physical abuse and failed to prevent the potential for further abuse by allowing an employee to continue working after alleged abuse was reported.
The suit states that the nursing home had a duty to protect Kay’s health, safety and welfare by ensuring that she was not subjected to physical, verbal, sexual or psychological abuse, neglect, exploitation and misappropriation of property.
Mitchell seeks compensation in excess of $50,000, plus court costs.