Nursing Home Fall Lawsuit Filed vs. Cypress Care Center

Our nursing home abuse lawyers have filed a wrongful death lawsuit against the Cypress Care Center nursing home, located in Wildwood, Florida. The Plaintiff sued Cypress Care Center for nursing home negligence, as alleged in the below publicly filed Complaint.

Cypress Care Center: Facility Background

Located at 490 S. Old Wire Road in Wildwood, Florida, Cypress Care Center is a 180 bed for-profit nursing home. Formerly known as Brownwood Care Center, the facility is controlled by Arbor Facility Inc. Inspection results for the facility can be found here.

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Lawsuit Filed Against Cypress Care Center

COMPLAINT

COMES NOW the Plaintiff, WENDY ROBERTSON, as Personal Representative of the Estate of IRECE ROBERTSON, by and through undersigned counsel, and sues the Defendants, ARBOR FACILITY INC. (“CYPRESS CARE CENTER”) and OLD WIRE ROAD CARE INC. (“CYPRESS CARE CORPORATE”), and alleges:

GENERAL JURISDICTIONAL ALLEGATIONS

1. This is a cause of action for damages, which exceeds Fifteen Thousand Dollars ($15,000.00), exclusive of costs, interest, and attorney’s fees, is being filed within the applicable statute of limitations.
2. All conditions precedent to the filing of this action, including compliance with the notice provisions of Chapter 400, have been met or waived. Glaringly, the Defendants ignored all presuit discovery and requests made by the Plaintiff.
3. This action is being brought by the Plaintiff for violations of Chapter 400 against CYPRESS CARE CENTER and CYPRESS CARE CORPORATE while IRECE ROBERTSON was a resident at the Defendants’ nursing home, CYPRESS CARE CENTER (hereafter “the nursing home” or “the facility”).
4. At all times material, WENDY ROBERTSON has been appointed, or is in the process of being appointed as Personal Representative of the Estate of IRECE ROBERTSON, and is the proper party to bring this action on behalf of the estate and its survivors.
5. At all times material, CYPRESS CARE CORPORATE, was a Florida for-profit corporation doing business in Broward County, with a principal place of business in Broward County and an agent in Broward County.
6. At all times material, the management decisions and operational control of the subject facility, CYPRESS CARE CENTER, were made in Broward County, Florida. As such, venue is appropriate in Broward County, Florida.
7. At all times material hereto, the Defendants were subject to the provisions of Chapter 400 of Florida Statutes, Titles 10 and 59 of the Florida Administrative Code, and OBRA 1987, which set the standards for operating nursing homes such as this facility.
8. The undersigned certifies a good faith basis for bringing this action.

ALLEGATIONS AGAINST CYPRESS CARE CENTER

9. At all times material hereto, the Defendant, CYPRESS CARE CENTER, was the licensee of the nursing home facility, which was authorized to do business in the State of Florida and to operate a nursing home under the name of CYPRESS CARE CENTER and is subject to the provisions of Florida Statutes Chapter 400.
10. At all times material hereto, the Defendant, CYPRESS CARE CENTER employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
11. At all times material hereto, the Defendant, CYPRESS CARE CENTER, was operating CYPRESS CARE CENTER and/or had a non-delegable duty to ensure reasonable operation of the facility and reasonable care to residents, as the licensee of the facility, licensed as a nursing home as that term is defined in Florida Statutes Chapter 400.
12. CYPRESS CARE CENTER owed a duty to its residents to provide reasonable care.

ALLEGATIONS AGAINST CYPRESS CARE CORPORATE

13. At all times material, CYPRESS CARE CORPORATE, was the management company/manager and/or owner of the subject nursing home.
14. At all times material hereto the Defendant, CYPRESS CARE CORPORATE, was in the business of owning, managing, and/or maintaining nursing and convalescent homes and related health care facilities, including the subject facility.
15. At all times material hereto, the Defendant, CYPRESS CARE CORPORATE, was operating the subject facility, which was licensed as a nursing home as that term is defined in Florida Statutes Chapter 400.
16. At all times material hereto, the Defendant, CYPRESS CARE CORPORATE, was operating CYPRESS CARE CENTER facility and/or had a non-delegable duty to ensure reasonable operation of the facility and reasonable care to residents, as the management company for the facility, which was licensed as a nursing home as that term is defined in Florida Statutes Chapter 400.
17. CYPRESS CARE CORPORATE had the right to control the nursing home’s operations, including but not limited to the facility’s policies, procedures, budget, staffing and employee training.
18. During IRECE ROBERTSON’s residency, CYPRESS CARE CORPORATE owned, managed, operated and/or had the right to control the nursing home and its staff. Therefore, CYPRESS CARE CORPORATE is responsible for any actions or omissions of the nursing home’s employees, agents or apparent agents.
19. CYPRESS CARE CORPORATE owed a duty to its residents to provide reasonable care.

FACTS GIVING RISE TO THIS CAUSE OF ACTION

20. IRECE ROBERTSON was admitted to CYPRESS CARE CENTER on or around 5/26/17 for supervision and assistance with all activities of daily living.
21. IRECE ROBERTSON was at all times a high fall risk and required appropriate fall precautions, including extensive assistance with ambulation.
22. Despite her high fall risk classification, proper fall preventative measures were not implemented at CYPRESS CARE CENTER.
23. IRECE ROBERTSON suffered a preventable fall at CYPRESS CARE CENTER on or around 10/12/17.
24. This preventable fall resulted in a serious hip fracture and an emergent admission into the hospital, where she required surgery.
25. Following hip surgery, the hospital discharged IRENE ROBERTSON back to CYPRESS CARE CENTER.
26. Upon readmission to CYPRESS CARE CENTER, proper fall preventative measures were not put in place.
27. Not surprisingly, IRENE ROBERTSON suffered a second preventable fall on or around 10/19/17.
28. Again, proper fall preventative measures were not put in place.
29. Consequently, IRENE ROBERTSON suffered a third preventable fall resulting in the fracturing of her recently implanted hip prosthesis and required re-admission into the hospital.
30. IRENE ROBERTSON underwent her second fall-related surgery on or around 10/28/17.
31. Due to her fall-related injuries, IRECE ROBERTSON’s underlying health conditions, both physical and mental, were greatly compromised.
32. IRECE ROBERTSON succumbed to her fall-related injuries and died shortly thereafter on or around 11/20/17.

Wrongful Death Damages

33. IRECE ROBERTSON wrongfully died on November 20, 2017 as a direct and proximate result of the Defendants’ negligence, more fully described above and below. According to her death certificate, the Cause of Death and Injury Information is as follows:

MANNER OF DEATH:       ACCIDENT

CAUSE OF DEATH:           (a) COMPLICATIONS OF LEFT HIP FRACTURE

                                                (b) FALL(s)

34. As a direct and proximate result of the rights violations outlined above and below, the Estate of IRECE ROBERTSON and the survivors of the Estate, including but not limited to Wendy Robertson (daughter), are entitled to all damages recoverable for the wrongful death caused by the Defendants, as alleged above and below, including but not limited to:
35. Damages for IRECE ROBERTSON’s bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expensive hospitalization, the value of reasonable nursing services and nursing care provided to IRECE ROBERTSON, medical and nursing care and treatment and aggravation of previous existing conditions, from the time of her injury until the time of her death;
36. Medical bills and expenses;
37. Funeral expenses;
38. Loss of Net Accumulations;
39. The survivors of the deceased have suffered mental pain and suffering which will continue for the rest of their life, and they have suffered the loss of services and support of their loved one, IRECE ROBERTSON, and have incurred medical and funeral expenses as a result of IRECE ROBERTSON’s death, and have suffered the loss of IRECE ROBERTSON ’s love and companionship.

Survival Damages

35. Alternatively, if these injuries did not cause IRECE ROBERTSON’s death, the Estate of IRECE ROBERTSON claims all damages recoverable under a survival action, including but not limited to the non-economic and economic damages of the decedent for bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition, from time of injury of IRECE ROBERTSON  to the time of her death. These survival damages occurred as a direct and proximate result of the negligence of the Defendants’ outlined above and below.

COUNT I:

ROBERTSON v. CYPRESS CARE CENTER – WRONGFUL DEATH

36. Plaintiff re-adopts and re-alleges paragraphs 1 through 34 and further alleges:
37. Defendant, CYPRESS CARE CENTER, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of IRECE ROBERTSON as follows:
38. Failure to properly and safely assess falls;
39. Failure to properly and safely prevent falls;

• Failure to use a bed alarm and chair alarm in a fall risk resident;

1. Failure to timely react to the resident’s injuries;
2. Failure to properly evaluate fall risk;
3. Failure to institute appropriate fall precautions and provide assistive devices;

• Failure to document the resident’s injuries;
• Failure to inform the resident’s family of the resident’s deteriorated condition;

1. Failure to monitor the resident;
2. Failure to appropriate staff and train employees and agents;
3. Failure to prevent skin breakdown and infection;

• Failure to provide appropriate nutrition and hydration;
• Failure to provide medication when required;
• Failure to provide appropriate budgeting for the subject facility;

1. Failure to properly staff the subject facility;

• Failure to provide appropriate policies and procedures to the subject facility; and,
• Failure to provide appropriate nursing home care under all the circumstances.

38. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, CYPRESS CARE CENTER, while in the course and scope of their employment, agency and/or apparent agency.
39. As a proximate result of the Defendant’s deprivation of and infringement upon IRECE ROBERTSON ’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, IRECE ROBERTSON wrongfully died.

WHEREFORE, the Plaintiff, Estate of IRECE ROBERTSON, demands judgment for damages against Defendant, CYPRESS CARE CENTER, and further demand a trial by jury of all issues so triable.

COUNT II:

ROBERTSON v. CYPRESS CARE CORPORATE – WRONGFUL DEATH

40. Plaintiff re-adopts and re-alleges paragraphs 1 through 34 and further alleges:
41. Defendant, CYPRESS CARE CORPORATE, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of IRECE ROBERTSON as follows:
42. Failure to properly and safely assess falls;
43. Failure to properly and safely prevent falls;

iii.        Failure to use a bed alarm and chair alarm in a fall risk resident;

1. Failure to timely react to the resident’s injuries;
2. Failure to properly evaluate fall risk;
3. Failure to institute appropriate fall precautions and provide assistive devices;

vii.       Failure to document the resident’s injuries;

viii.      Failure to inform the resident’s family of the resident’s deteriorated condition;

1. Failure to monitor the resident;
2. Failure to appropriate staff and train employees and agents;
3. Failure to prevent skin breakdown and infection;

xii.       Failure to provide appropriate nutrition and hydration;

xiii.      Failure to provide medication when required;

xiv.      Failure to provide appropriate budgeting for the subject facility;

1. Failure to properly staff the subject facility;

xvi.      Failure to provide appropriate policies and procedures to the subject facility; and,

xvii.     Failure to provide appropriate nursing home care under all the circumstances.

42. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, CYPRESS CARE CORPORATE, while in the course and scope of their employment, agency and/or apparent agency.
43. As a proximate result of the Defendant’s deprivation of and infringement upon IRECE ROBERTSON ’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, IRECE ROBERTSON wrongfully died.

WHEREFORE, the Plaintiff, Estate of IRECE ROBERTSON, demands judgment for damages against Defendant, CYPRESS CARE CORPORATE, and further demand a trial by jury of all issues so triable.

COUNT III:

ROBERTSON v. CYPRESS CARE CENTER – SURVIVAL ACTION

44. Plaintiff re-adopts and re-alleges paragraphs 1 through 32, 35 and further alleges:
45. Defendant, CYPRESS CARE CENTER, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of IRECE ROBERTSON as follows:
46. Failure to properly and safely assess falls;
47. Failure to properly and safely prevent falls;

iii.        Failure to use a bed alarm and chair alarm in a fall risk resident;

1. Failure to timely react to the resident’s injuries;
2. Failure to properly evaluate fall risk;
3. Failure to institute appropriate fall precautions and provide assistive devices;

vii.       Failure to document the resident’s injuries;

viii.      Failure to inform the resident’s family of the resident’s deteriorated condition;

1. Failure to monitor the resident;
2. Failure to appropriate staff and train employees and agents;
3. Failure to prevent skin breakdown and infection;

xii.       Failure to provide appropriate nutrition and hydration;

xiii.      Failure to provide medication when required;

xiv.      Failure to provide appropriate budgeting for the subject facility;

1. Failure to properly staff the subject facility;

xvi.      Failure to provide appropriate policies and procedures to the subject facility; and,

xvii.     Failure to provide appropriate nursing home care under all the circumstances.

46. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, CYPRESS CARE CENTER, while in the course and scope of their employment, agency and/or apparent agency.
47. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of IRECE ROBERTSON , the Plaintiff alleges all damages recoverable under a survival action, including but not limited to the non-economic damages of decedent for bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition, from time of injury of IRECE ROBERTSON to the time of her death.

WHEREFORE, the Plaintiff, Estate of IRECE ROBERTSON, demands judgment for damages against Defendant, CYPRESS CARE CENTER, and further demand a trial by jury of all issues so triable.

COUNT IV:

ROBERTSON v. CYPRESS CARE CORPORATE – SURVIVAL ACTION

48. Plaintiff re-adopts and re-alleges paragraphs 1 through 32, 35 and further alleges:
49. Defendant, CYPRESS CARE CORPORATE, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of IRECE ROBERTSON as follows:
50. Failure to properly and safely assess falls;
51. Failure to properly and safely prevent falls;

iii.        Failure to use a bed alarm and chair alarm in a fall risk resident;

1. Failure to timely react to the resident’s injuries;
2. Failure to properly evaluate fall risk;
3. Failure to institute appropriate fall precautions and provide assistive devices;

vii.       Failure to document the resident’s injuries;

viii.      Failure to inform the resident’s family of the resident’s deteriorated condition;

1. Failure to monitor the resident;
2. Failure to appropriate staff and train employees and agents;
3. Failure to prevent skin breakdown and infection;

xii.       Failure to provide appropriate nutrition and hydration;

xiii.      Failure to provide medication when required;

xiv.      Failure to provide appropriate budgeting for the subject facility;

1. Failure to properly staff the subject facility;

xvi.      Failure to provide appropriate policies and procedures to the subject facility; and,

xvii.     Failure to provide appropriate nursing home care under all the circumstances.

50. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, CYPRESS CARE CORPORATE, while in the course and scope of their employment, agency and/or apparent agency.
51. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of IRECE ROBERTSON , the Plaintiff alleges all damages recoverable under a survival action, including but not limited to the non-economic damages of decedent for bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition, from time of injury of IRECE ROBERTSON to the time of her death.

WHEREFORE, the Plaintiff, the Estate of IRECE ROBERTSON, demands judgment for damages against Defendant, CYPRESS CARE CORPORATE, and further demand a trial by jury of all issues so triable.

DATED this 16th day of March, 2018.

/s/ William J. Sarubbi, II