Justia Lawyer Rating for Robert D. Kreisman

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Ms. Doe, 80, used a wheelchair and resided in a nursing home. While transporting Doe to her doctor’s appointment, a driver for Roe Medical Transport Co. chose not to secure her wheelchair into the van’s locking mechanism. When the driver stopped abruptly, Doe was thrown into the console.  She suffered a fractured femur.  Doe required an open reduction and internal fixation surgery.

Doe claimed that the transport company’s driver had negligently chosen not to secure the wheelchair. The defense contended that the van’s lessor was liable for its defective locking mechanism.

Before trial, the parties settled this case for $237,500.

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Mary Benton, 98, lived at the Agape Senior Assisted Living Facility. She suffered from mild dementia that required assistance with her day-to-day activities.

During her time at the assisted living facility, her condition deteriorated, and she was hospitalized for dehydration, infections and low blood pressure.  In addition, she fell on two occasions, the last of which resulted in a broken hip.

Benton was not a candidate for surgery and was later transferred to her friend’s home where she unfortunately passed away. She was survived by her son.

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Elaine Jenkins was admitted to the transitional care unit of Vibra Hospital of Charleston. While she was there, she suffered from debilitating injuries, which led to her permanent decline in her health.

Jenkins’s estate sued Vibra Hospital and its administrator, alleging negligence, negligence per se, breach of contract, fraud and misrepresentation, violation of the South Carolina Unfair Trade Practices Act, wrongful death and survivorship.

The Jenkins estate also argued that among other things, the defendants chose not to conduct adequate assessments, respond to changes in Jenkins’s mental status, and also failed to notify her family members after she suffered a number of different incidents at this facility.

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Toni Gethers was an elderly woman who suffered from numerous health issues and required assistance with activities of daily living. She was admitted to Hillcrest Center Nursing Facility for a short-term stay.

Over the next five months, she developed a worsening Stage III pressure ulcer, dehydration and acute renal failure among other medical problems.

She also experienced significant weight loss and was hospitalized several times, including once for treatment of pneumonia and osteomyelitis of the sacrum. Her injuries eventually led to her passing. She was survived by her two adult sons.

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Viola Sickel had a history of falls. She was admitted to The Bridges at Warwick, a skilled nursing facility.  She was then transferred to its secure memory unit. While she was standing at the sink in her bathroom, the aide who had been spotting her left her room suddenly.

Sickel then fell and struck her head, suffering severe injuries that led to her untimely death.

Sickel’s estate sued The Bridges of Warwick nursing home, alleging that it chose not to implement an effective fall prevention strategy. It also was alleged that the nursing home failed to properly supervise Sickel while she was standing at the sink in the bathroom, failed to tell Sickel that the aide was leaving and that she was being left alone.

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Ms. Doe, 56, was a nursing home resident who suffered from multiple sclerosis and used a wheelchair. When she was loaded onto a medical transport van that was parked on an incline, she was not fully secured to the wheelchair. She slid from the wheelchair and suffered bilateral leg fractures as a result of this fall. The injuries necessitated a cast and bracing.

In addition, she required hospitalization and underwent a blood transfusion and oxygen supplementation. Despite this care and treatment, her condition worsened. She died 17 days after this incident.

The lawsuit alleged wrongful death and failure to secure Ms. Doe into her wheelchair. The defendant argued that Ms. Doe had died of unrelated causes.

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Norma Jay Drye, a 65-year-old woman who suffered from dementia and other health problems, lived at Hillcrest Center Nursing Home. One morning, a nursing home assistant attempted to transfer her from a bed to a chair using a sit-to-stand Hoyer lift.

Drye dropped to the floor during the transfer and suffered bilateral femur fractures. She was transferred to a hospital where she was also diagnosed as having multiple pressure sores.

After Drye was returned to the nursing home, she remained bed bound. This led to the worsening of her pressure sores. She developed infection and gangrene, required a partial left leg amputation and died approximately one week later. She was survived by her adult daughter.

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Sarah Fortner suffered from dementia, osteoporosis, and had other health problems. She lived at the Carolina Gardens at Lexington Assisted Living Facilities. Over a 5-year period, she fell several times. She suffered various injuries including a fractured arm, a skin tear, a forehead hematoma and a fractured femur. After her last fall, she passed away.

The family and the estate of Fortner sued the facility’s licensees, owners, managers and operators, alleging negligence; negligence per se; negligent hiring, training and supervision; and breach of fiduciary duty.

The Fortner estate claimed that the defendants had chosen not to prevent Fortner’s falls or determine the root cause of these falls. In addition, the lawsuit alleged that the defendant nursing home owners, operators, managers had failed to provide supervised care and properly train its staff.

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Cecil Smith Sr. was admitted to the Sandpiper Rehab & Nursing facility. Shortly after his admission, he developed a deep sacral pressure ulcer or bed sore that became infected. The opening in the skin caused by the pressure ulcer led to complications that caused Smith’s death less than a year after his admission to the nursing home. He was survived by his wife.

The Smith estate filed a lawsuit against the nursing home facility and other corporate entities, alleging claims under the state’s survival and wrongful death statute. The Smith family claimed that the defendants, the nursing home and its owners, chose not to prevent and treat the pressure ulcer by implementing pressure-relieving measures, providing adequate staff, properly training staff and properly communicating Smith’s needs to the treating nursing home personnel.

The defendants moved to compel arbitration, but the trial court denied the motion.

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Matthew Farrell suffered traumatic brain injury after being injured in a motor vehicle crash. He was admitted to Solterra at Castle Rock, a skilled nursing facility.

At the time of the admission, he could not move his legs. He was completely dependent on the facility for his hygiene, medical treatment and activities of daily living. The nursing facility allegedly did not reposition him regularly or keep his skin clean and dry, which left him with pressure sores on his buttocks, heels and lower back. He also became malnourished, which caused his wounds to worsen.

Within two months of admission, he was transferred to a hospital, suffering from a high fever, nausea and vomiting. At the hospital, he was diagnosed as having severe sepsis, necessitating surgical debridement, placement of a wound vac, removal of portions of his coccyx bone and surgery of a muscle flap repair.

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