Complaint,Petition: Napoleon et al v. SPRINGFIELD REHABILITATION & HEALTHCARE CENTER

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Commencement of Action
Complaint
1 Transfer from Another Jurisdiction

D1 writ of Summons

D1 Petition

D1 Declaration of Taking

 

Lead Plaintiff's Name:
Judith Napoleon

Lead Defendant’s Name:

Springfield Rehabilitation & Healthcare Center

 

WYs O

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EAwithin arbitration limits
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Is this a Class Action Suit

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Name of Plaintiff/Appe

 

Thomas A. Lynam, Ill, Esquire

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Updated 1/1/2011IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY PENNSYLVANIA
CIVIL ACTION-LAW

JUDITH NAPOLEON, by and through
WILLIAM A. NAPOLEON (POA) NO.

SPRINGFIELD REHABILITATION
& HEALTHCARE CENTER

You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by an attorney
and filing in writing with the court your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so the case may proceed without
further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to
you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER

LEGAL SERVICES TO ELIGBLE PERSONS AT A REDUCED FEE OR NO FEE.

FRONT & LEMON STREETS
MEDIA, PA 19063VILLARI, LENTZ & LYNAM, LLC
By: Thomas A. Lynam, III, Esquire
I.D. No.:
100 N. 20 Street, Suite 302
Philadelphia, PA 19103

1990/215 9920 (fax)
tlynam@vll law.com

THIS IS A MAJOR JURY CASE
ASSESSMENT OF DAMAGES
HEARING REQUIRED

Attorney for Plaintiff

 

 

JUDITH NAPOLE __ , by and through, COURT OF COMMON PLEAS
WILLIAM A. NAPOLEON (POA) DELAWARE COUNTY
1300 Kendall Road
Swarthmore, PA 190
Plaintiff,
SPRINGFIELD REHABILITATION
HEALTHCARECENTER
463 W. Sproul Rd
Springfield, PA 19064 JURY TRIAL. DEMANDED
Defendant.
CIVIL ACTION COMPLAINT

Plaintiff, Judith Napoleon, is an adult individual, sui juris, residing at

Lincoln Avenue, A 3, Prospect Park, PA 19076 Suit is hereby brought on her behalf by her

duly appointed Power of Attorney, William A. Napoleon, an adult individual residing at 1300

Kendall Avenue, Swarthmore, PA 19081.

DefendantSpringfield Rehabilitation and Health careCenter against whom

allegations of professional negligence are made, is a long term care nursing facility with its place

of business located at the above captioned address.

At all times material hereto, Defendant held itself out as a skilled nursing facility

offering the best subacute rehabilitative and long term care with a primary goal of returning

patients home as soon as possible.

At all times material hereto, Defendant acted or failed to act, by and through itsagents, ostensible agents, work persons and/or employees, who were then and there acting within
the scope of their authority in the course of their relationship with said Defendant in furtherance
of said Defendant’s business interests.

Defendant is vicariously or otherwise responsible for the negligent acts or
omissions of its agents, ostensible agents, servants, workmen, and/or employees.

On February 1, 2022, Ms. Napoleon was admitted to Taylor Hospital for
diarrhea and nausea.

She was diagnosed with an acute kidney injury.

On February 5, 2022, Ms. Napoleon was discharged from Taylor Hospital to
Defendants’ Springfield Rehabilitation and Healthcare Center for short term, subacute
rehabilitationfor issues with balance and coordination

Upon admission, Defendant was aware of Ms. Napoleon’s deconditioning and
balance issues due to her previous medical history of falls, gout, and anemia.

Minimum Data Sets completed by Defendant on February 19, 2022, documented
that Ms. Napoleon did not have any wounds present upon admission but was at risk of wound
development.

On February 22, 2022, Defend antinitiated a care plan for Ms. Napoleon
requiring a _ person assist with toileting, transfers and bed mobility.

On March 10, 2022, Defendant noted Ms. Napoleon to have right arm swelling.

Specifically, the daily progress note stated:“Patient seen for right arm swelling.
Patient denies recent injury to armand states her arm feels tight.”

On March 11, 202Ms. Napoleon underwent an Xray of her arm which showed

a right humerus fracture.n March 14, 2022, Defendant’s progress note stated: “Imaging significant of
right humerus fracture. Patient has had no falls here and denied injury or trauma to the
right arm.”

Thereafter, on March 15, 2022, Ms. Napoleon had an outpatient orthopedic visit
for her right humerus fracture.

During her outpatientorthopedic visit, Ms. Napoleon reported that she fell off
of the toilet and onto her right arm about six days ago

Inexplicably, Defendant did not document Ms. Napoleons fall, but rather,
specifically stated that she did not sustain any injuries at the facility, as noted above

On March 15, 2022, Ms. Napoleon returned to Defendant’s facility where her
right arm was placed ina sling.

Thereafter, on March 17, 2022,as a result of Ms. Napoleon’s unexplained fall, her
family requested her discharge from the facility, but Defendant encourage Ms. Napoleon to
remain under its care.

n March 22, 2022, Ms. Napoleon’s commode was documented to need “some
adjustments”, implicating that the commode Ms. Napoleon was using for toileting was broken
and/or unsafe for use.

On March 26, 2022, Ms. Napoleon’s family visited their mother where they found
her in agonizing pain due to her recent right arm fracture and newly developed bed sores

On that same date, a nursing assessment indicated Ms. Napoleon to have bed
sores and a stage II pressure injury.

Ms. Napoleon developed theses pressure injuries as a result of Defendant’s

facility providing her with a deflated air mattress to sleep on.Prior to the Ms. Napoleon developing a Stage II pressure ulcer, Defendant’s
facility failed to implement proper wound care preventions despite her risk of wound
development noted upon admission.

For the next month, Ms. Napoleon remained in Defendant’s facility with
complaints of persistent right arm pain and lower back pain.

On April 25, 2022, Ms. Napoleon was eventually discharged from Defendant’s
facility to home.

To date, Ms. Napoleon has persistent pain in her right arm and continues to
undergo physical therapy to improve her right arm mobility.

As a direct and proximate result of the woeful medical care provided by
Defendant, Ms. Napoleon suffered serious and avoidable injuries that have diminished her
quality of life.

COUNT I
MEDICAL NEGLIGENCE

PLAINTIFF V. DEFENDANT SPRINGFIELD REHABILITATION
AND HEALTHCARE CENTER

 

Plaintiff hereby incorporates the averments set forth in paragraphs | , supra, as
though fully set forth herein.

Ms. Napoleon’s serious injuries were caused by the negligent and careless care
provided by Defendant Springfield Rehabilitation and Healthcare Center.

Defendant is vicariously liable for the negligent acts and omissions of its agents.

The negligence and carelessness of Defendant, its agents, ostensible agents,
servants, work persons,and/or employees consisted of the following:

Failing to implement adequate and appropriate protocols, interventions,and procedures to prevent Plaintiff's fall;

Failing to properly assess Plainiff’’s risk factors for falling;

Failing toprovide 1:1 assistance;

Failing to monitor Plaintiffor otherwise provide adequate

safeguards to prevent falls;

Failing to adequately documentPlaintiff ’s fall;

Failing to document how Plaintiff's fall occurred;

Failing to preventthe development of pressure ulcers;

Negligently allowing Plaintiffto remain on a deflated air mattress,
catalyzing the development of pressure ulcers;

Failing to provide Plaintiff with an air mattress/adequate air mattress to
reduce pressure;

Failing to adequately turn and/or re position Plaintiff on a regular schedule
to avoid excessive pressure on her skin and/or ulcers;

Failing to appropriately treat the development of Plaintiff's pressure
ulcers;

Failing to order/prescribe appropriate medication to prevent/ educe the
risk of ulceration;

Failing to order/prescribe appropriate medication to treat Plaintiff's
pressure ulcer

Failing to provide Plaintiff with a safe commodefor ambulation and

Failing to properly select, retain, train, and supervise Defendant’s agents,ostensible agents, work persons and/or employees.
Additionally, Defendant’s negligent and carelessacts violated Department of
Health and Human Services 28 Pa. Code
As a long term care facility, Defendant is bound by the regulations enumerated in
28 Pa. Code §211.
Defendant’s violations of 28 Pa. Code 211 consist of the following:
Facility failed tosupervise and assist Ms. Napoleon with toileting in
accordance with her care plan in violation of 28 Pa. Code
211.12(d)(1)(5)
Facility failed to ensure Ms. Napoleon’s records were complete and
accurate in violation of 28 Pa. Code 211.5(f).
Facilityfailed to ensure that the assistive devices to prevent accidents such
as falls were safe for residentsuse in violation of 28 Pa.Code
(dU).
Facility failed to thoroughly investigate Ms. Napoleon’s fall to determine
if the proper safety measures and precautions were implemented in
violation of 28 Pa. Code 211.12(d)(1)(5).
Facility failed to implement proper measures to prevent Ms. Napoleon’s
development of pressure injuries in violation of 28 Pa. Code
211.12(d)(1)(5).
As a direct and proximate result of the negligence and carelessness of Defendant,
Ms. Napoleon was caused to suffer, inter alia:right humerus arm fracture, increased risk of

harm; decreased range of motion; decreased strength; tenderness; fatigue; pressure ulcers; skintears; diminishequality of life; disturbances to sleep; inability to ambulate; mental anguish;
anxiety; humiliation; embarrassment; depression; overwhelming and extreme physical pain and
agony; interrupted sleep; inability to fall asleep;and aggravation and/or exacerbation of all
known and unknown pre existing medical condition.

As a direct and proximate result of the negligence and carelessness of Defendant,
Ms. Napoleon has suffered, and in the future may suffer, an inability to perform her usual and
daily duties, responsibilities, hobbies and avocations.

As a direct and proximate result of the negligence and carelessness of Defendant,
Ms. Napoleon has been, and in the future may continue to be, required to expend various and.
diverse sums of money in an effort to cure and/or treat her aforementioned injuries.

As a direct and proximate result of the negligenceand carelessness of Defendant,
Ms. Napoleon has been, and in the future may continue to be, required to undergo extensive
medical care, evaluation, therapy, treatment, costly medications and invasive and painful medical
procedures and surgeries in an effort to cure and/or treat her injuries.

As a direct and proximate result of the negligence and carelessness of Defendant,
Ms. Napoleon has suffered, and in the future will continue to suffer, a loss of leisure time and

life’s pleasures.WHEREFORE, Plaintiff Judith Napoleon demand judgment in her favor and against
Defendant for special and compensatory damages in an amount in excess of Fifty Thousand
Dollars ($50,000.00), together with interest, costs, Rule 238 delay damages and such other just
and equitable relief as this Honorable Court deems proper.

Respectfully submitted,

VILLARI, LENTZ & LYNAM, LLC

BY: /Thomas A. Lynam, IIT
THOMAS A. LYNAM, III, ESQUIRE

Attorney for Plaintiff
Date: June 28, 2022VERIFICATION
I, Thomas A. Lynam, III, hereby verify that I am the Attorney for Plaintiff in this action;
Thave read the foregoing Civil Action Complaint, and the statements made therein are true and
correct to the best of my knowledge, information and belief. I understand that the statements
made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification

to authorities.

/s/ Thomas A. Lynam, LI
HOMAS A. LYNAM, III, ESQUIRE

Attorney for Plaintiff

Date: June 28, 2022

FILED
06-28-2022 12:24 PM

OFFICE OF JUDICIAL SUPPORT
DELAWARE COUNTY, PA