Justia Lawyer Rating for Robert D. Kreisman

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Helen Ende, 89, suffered from dementia. She was a resident of Parkside Manor. Ende left the facility and remained outdoors for approximately seven hours in freezing temperatures, and she froze to death.  Staff at the nursing home didn’t realize she was gone.  She was survived by her son.

Her son, on behalf of her estate, brought a claim against Encore Wisconsin LLC, Parkside’s parent company, alleging staff disregarded Ende’s rights and was liable for its staff members’ intentional behavior.  One of the assertions was that facility policy required workers to account for all residents. The three workers who were on duty chose not to follow this policy and one worker left the building for a few hours during his shift.

Following trial, the jury signed a verdict for $4 million in punitive damages.

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Antoinette McAleese, 83, suffered from Alzheimer’s disease and other health problems. She underwent surgery for a fractured hip and was admitted to Crestview Center. During her stay, she was immobile and required assistance with transfers and all daily activities. Early-stage bedsores were revealed on her right buttock and hip.

An unstageable pressure ulcer on her sacrum developed while hospitalized. Her physical condition deteriorated along with her wound, necessitating hospice care.  She passed away several weeks later.

She was survived by her daughter.  The McAleese estate sued 262 Toll Gate Road Operations, LLC, which did business at Crestwood, complaining of nursing malpractice along with claims under the state’s wrongful death and survival acts. The estate also claimed that McAleese suffered preventable pressure sores due to the negligent care, including choosing not to properly turn and reposition her.

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Dorothy Mae Lyles was admitted to Sanatoga Center after a hospitalization. At the time of her admission to the nursing home facility, she was noted to have pressure sores. She was also noted to be a high risk for developing additional pressure sores due to her need for assistance with mobility. Nevertheless, there was no repositioning program in place when she was admitted.

Two months later, she was transferred to a hospital and received treatment for pressure ulcers at a wound healing center. She continued to develop pressure ulcers.

Lyles, 88, subsequently developed septic shock and died from an infected sacral pressure ulcer.  She was survived by her daughter.

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Barbara Ouimette was admitted to Rosewood Care Center in St. Charles, Ill.  At the time, she was at high risk of skin breakdown. She also required assistance with activities of daily living.

Over the next several years, she experienced significant weight loss and developed a right buttock wound and pressure sores on her coccyx and sacrum.  Although she underwent wound care, she passed away.

Ouimette’s estate sued the facility’s owner and operator, alleging that they chose not to assess her skin condition, provide proper nutrition and ensure proper staffing at the nursing home facility where she was living.

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Sonia Godfrey was a recovering heart surgery patient who was transferred from the hospital to Centennial Healthcare and Rehabilitation Center. At the time of her admission, she was noted to have pressure ulcers on her sacrum and right thigh.

While residing at the nursing home, she suffered a fall, with no known witnesses, which required her return to the hospital. It was at the hospital that her pressure ulcers persisted. Godfrey was later admitted to a long-care facility; she unfortunately passed away.

A wrongful death lawsuit was filed on behalf of Godfrey’s estate against Centennial Healthcare LLC and Temple University Hospital Inc., alleging that both entities chose not to adopt the accepted protocols to prevent falls and that they incorrectly assessed Godfrey’s pressure sores. In addition, it was alleged that the defendants failed to timely diagnose and properly treat the pressure ulcers.

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Ms. Doe was transferred to Roe Nursing Home after suffering fractures from falls.  Her doctor’s orders instructed nurses at the nursing home to regularly assess the skin around Ms. Doe’s cast to detect skin breakdown, swelling and changes in color. The nursing home nurses were also instructed to cleanse and apply treatment to Ms. Doe’s leg ulcer each day.

Within two weeks, Ms. Doe was returned to the hospital where she was diagnosed as having a gangrenous wound and maggots crawling out of her cast. Unfortunately, Ms. Doe required an amputation of her right leg.

Ms. Doe sued the nursing home alleging that it had chosen not to comply with her physician’s orders and to provide the needed wound care. The defendant nursing home countered that Ms. Doe’s extreme obesity and uncontrolled diabetes made amputation likely even in the absence of the nursing home’s wrongdoing.

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Doe allegedly suffered a series of falls at Roe Nursing Home. He was diagnosed as having a serious head injury. Doe later died; his death was allegedly caused by these falls.

A lawsuit was filed against an undisclosed defendant nursing home and its parent company alleging administrator and corporate negligence. The lawsuit sought punitive damages.

Before trial, the parties settled for $4.25 million.

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Sam Rios Jr., 86, was admitted to Pine Creek Care Center for a rehabilitation stay after suffering a fractured hip. Over the next two weeks, he developed two pressure sores. One of the pressure sores was diagnosed as being Stage IV. Rios died almost a year later and suffered pain and debilitation until his passing.

Rios’ successor in interest and his children sued Daisy Holdings LLC, Pine Creek’s parent company, and other corporate entities, alleging elder abuse, under-staffing, custodial negligence, constructive fraud, violation of patient rights, wrongful death and alter ego liability.

The lawsuit alleged that these defendants had placed profits over patient care, chose not to prevent Rios from developing the pressure sores and failed to properly care for Rios once the pressure sores were identified.

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Carlos Ruiz, 84, suffered from advanced dementia and Alzheimer’s disease. He was admitted to Palm Garden of Aventura with a diagnosis of “functional decline.” While at the facility, he developed a sacral pressure ulcer, which later became infected.

Ruiz died of this condition. He was survived by his four children.

Ruiz’s personal representative sued Palm Garden of Aventura LLC and Palm Healthcare Management LLC, alleging that the defendants’ staff chose not to develop an adequate care plan or properly monitor him.

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The Illinois Appellate Court held that an Evanston long-term care facility would have to face a wrongful death trial in court rather than by arbitration. The panel ruled that the facility’s arbitration agreement was optional and therefore unenforceable. One of the appellate court justices concurred, writing that such agreements are financially motivated.

Cheryl Parker sued Symphony of Evanston Healthcare LLC and Maestro Consulting Services LLC, alleging violations of the Illinois Nursing Home Care Act and common-law negligence under the Survival Act and Wrongful Death Act.

Parker sued in the Circuit Court of Cook County on behalf of Mae Jefferson, a Symphony of Evanston resident. Jefferson designated her daughter Kathy as her agent in an Illinois statutory short form power of attorney for health care.

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