Pressure Ulcer Infection Amputation Case Filed vs. North Dade Nursing and Rehab

Our Miami area nursing home abuse lawyers have filed a negligence lawsuit against North Dade Nursing and Rehabilitation for various injuries caused to Edna Johnson Reed. The Complaint alleges that Ms. Reed developed pressure ulcers, infection and underwent an amputation due to her neglect-related facilities, all of which ultimately caused her wrongful death.

The Complaint also details the owner’s control over the subject facility; the now infamous Phillip Esformes.

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Lawsuit Filed Against North Dade Nursing & Rehab – Negligence and Wrongful Death Allegations

COMPLAINT

COMES NOW the Plaintiff, MEGHAN GLUECK, as Personal Representative of the Estate of EDNA JOHNSON-REED, by and through undersigned counsel, and sues the Defendants, ALMOVEA ASSOCIATES, LLC (hereinafter referred to as “NORTH DADE NURSING AND REHABILITATION CENTER”) 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.
3. This action is being brought by the Plaintiff for violations of Chapter 400 against NORTH DADE NURSING AND REHABILITATION CENTER while EDNA JOHNSON-REED was a resident at the Defendant’s nursing home, NORTH DADE NURSING AND REHABILITATION CENTER, located at 1255 NE 135^th Street, North Miami, Florida 33161 (hereafter “the nursing home” or “the facility”).
4. At all times material, EDNA JOHNSON-REED was a resident of Miami Dade County, Florida.
5. At all times material, MEGHAN GLUECK is the daughter of EDNA JOHNSON-REED.
6. At all times material, MEGHAN GLUECK has been appointed as Personal Representative of the Estate of EDNA JOHNSON-REED, and is the proper party to bring this action on behalf of the estate and its survivors. See Exhibit “A”; Letters of Administration for the Estate of EDNA JOHNSON-REED.
7. At all times material, NORTH DADE NURSING AND REHABILITATION CENTER, was a Florida for-profit limited liability company doing business in Miami Dade County, with a principal place of business in Miami Dade County and an agent in Miami Dade County.
8. At all times material, PHILLIP ESFORMES, a Florida resident, was the majority owner and individual managing employee that had actual control, and the right to control, and did actively control the operations of the subject Miami-Dade nursing facility, Defendant, NORTH DADE NURSING AND REHABILITATION CENTER.
9. Venue is appropriate in this action as the events giving rise to the cause of action occurred in Miami Dade County, Florida, the subject facility is located in Miami Dade County, Florida, one of more of the Defendants reside and operate and do business in Miami Dade County, Florida and the Plaintiff resides in Miami Dade County, Florida.
10. At all times material hereto, the Defendant facility was 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.
11. This Complaint is being filed within the applicable statute of limitations period.
12. The undersigned certifies a good faith basis for bringing this action.

ALLEGATIONS AGAINST NORTH DADE NURSING & REHABILITATION CENTER

13. At all times material hereto, the Defendant, NORTH DADE NURSING AND REHABILITATION 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 NORTH DADE NURSING AND REHABILITATION CENTER and is subject to the provisions of Florida Statutes Chapter 400.
14. At all times material hereto, the Defendant, NORTH DADE NURSING AND REHABILITATION CENTER employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
15. At all times material hereto, the Defendant, NORTH DADE NURSING AND REHABILITATION CENTER, was operating NORTH DADE NURSING AND REHABILITATION 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.
16. NORTH DADE NURSING AND REHABILITATION CENTER owed a duty to its residents to provide reasonable care.

Mr. Esformes’ Involvement as a Managing Employee

17. At all times material, PHILLIP ESFORMES maintained a 40% ownership interest in NORTH DADE NURSING AND REHABILITATION CENTER, INC., the licensee of the nursing home. See Exhibit “B”; Agency for Health Care Administration Provider Profile and Controlling Interest for Almovea Associates LLC d/b/a North Dade Nursing & Rehabilitation Center.
18. At all times material, PHILLIP ESFORMES was the majority owner of the subject nursing facility, NORTH DADE NURSING & REHABILITATION CENTER. See Exhibit “B”.
19. At all times material, PHILLIP ESFORMES was also an Officer and Board Member of NORTH DADE NURSING AND REHABILITATION CENTER. See Exhibit “B”.
20. In addition to his ownership interest in the involved corporate Defendants, PHILLIP ESFORMES, as a Managing Employee of NORTH DADE NURSING & REHABILITATION CENTER, controlled the day to day care at the facility by creating and/or approving the budgets, staffing, post-incident investigations, policies and procedures for the subject nursing home in North Miami, Florida.
21. At all times material hereto, the Defendant, PHILLIP ESFORMES, as a Managing Employee, controlled the facility employees, agents, and/or apparent agents who assisted Defendant, NORTH DADE NURSING AND REHABILITATION CENTER, in the delivery of skilled nursing home care and treatment to EDNA JOHNSON REED pursuant to Florida Chapter 400, et. al.

FACTS GIVING RISE TO THIS CAUSE OF ACTION

22. EDNA JOHNSON-REED was admitted to the subject nursing home from Westchester General Hospital on or around March 24, 2016.
23. Upon admission to the subject nursing home, EDNA JOHNSON-REED was free of bedsores and had intact skin on her backside and lower extremities.
24. EDNA JOHNSON-REED suffered from immobility due to her ongoing health conditions. As a result, EDNA JOHNSON-REED required extensive assistance from the nursing home staff to turn and reposition, as well as keep her clean in bed.
25. Despite this pressure ulcer risk classification, proper preventative measures were not put in place and EDNA JOHNSON-REED developed multiple areas of skin breakdown and bedsores while a resident at the subject nursing home.
26. EDNA JOHNSON-REED suffered severe bedsores, injuries, infection, weight loss, dehydration, malnutrition, skin breakdown and amputations as a result of the neglect she sustained at the Defendant’s nursing home.
27. The aforementioned injuries plagued EDNA JOHNSON-REED until her death on March 23, 2018.

Wrongful Death Damages

28. EDNA JOHNSON-REED wrongfully died on March 23, 2018 as a direct and proximate result of the Defendant’s negligence, more fully described above and below.
29. As a direct and proximate result of the rights violations outlined above and below, the Estate of EDNA JOHNSON-REED and the survivors of the Estate, including but not limited to MEGHAN GLUECK (daughter) are entitled to all damages recoverable for the wrongful death caused by the Defendant, as alleged above and below, including but not limited to:
30. Damages for EDNA JOHNSON-REED’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 EDNA JOHNSON-REED, medical and nursing care and treatment and aggravation of previous existing conditions, from the time of her injury until the time of her death;
31. Medical bills and expenses;
32. Funeral expenses;
33. Loss of Net Accumulations;
34. 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, EDNA JOHNSON-REED, and have incurred medical and funeral expenses as a result of EDNA JOHNSON-REED’s death, and have suffered the loss of EDNA JOHNSON-REED ’s love and companionship.

Survival Damages

30. Alternatively, if these injuries did not cause EDNA JOHNSON-REED’s death, the Estate of EDNA JOHNSON-REED 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 EDNA JOHNSON-REED to the time of her death. These survival damages occurred as a direct and proximate result of the negligence of the Defendant’s outlined above and below.

COUNT I:

REED v. NORTH DADE NURSING AND REHABILITATION CENTER – WRONGFUL DEATH

31. Plaintiff re-adopts and re-alleges paragraphs 1 through 29 and further alleges:
32. Defendant, NORTH DADE NURSING AND REHABILITATION CENTER, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of EDNA JOHNSON-REED as follows:
33. Failing to prevent skin breakdown and/or infection in EDNA JOHNSON-REED;
34. Failing to adequately assess skin breakdown risk in EDNA JOHNSON-REED;

• Failing to institute appropriate skin breakdown preventative measures and monitoring for EDNA JOHNSON-REED;

1. Failure to appropriately and timely respond to skin breakdown;
2. Failure to keep the resident clean and to change diapers and linens;
3. Failing to document the resident’s injuries;

• Failing to treat the resident for injuries and report abnormalities;
• Failing to report the resident’s signs of injury/illness to his/her healthcare providers;

1. Failing to inform the resident’s family of the resident’s unexplained injuries and/or deteriorated condition;
2. Failing to follow physician’s orders;
3. Failing to prevent physical injury and abuse to the resident;

• Failing to uphold rights to dignity of EDNA JOHNSON-REED;
• Failing to uphold rights of patient, EDNA JOHNSON-REED;
• Failing to follow state and federal regulations to protect nursing home residents like EDNA JOHNSON-REED;

1. Failing to provide appropriate nutrition and hydration to the resident;

• Failure to appropriately staff and train employees and agents;
• Failure to provide appropriate budgeting for the subject facility;
• Failure to provide appropriate policies and procedures to the subject facility;
• Failing to properly assess and prevent dehydration and malnutrition;

1. Failure to provide appropriate hygiene;

• Failure to provide appropriate nutrition and hydration;
• Failure to provide medication when required; and
• Failing to provide EDNA JOHNSON-REED with safety, well-being, and appropriate healthcare under all the circumstances.

33. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, NORTH DADE NURSING AND REHABILITATION CENTER, while in the course and scope of their employment, agency and/or apparent agency.
34. As a proximate result of the Defendant’s deprivation of and infringement upon EDNA JOHNSON-REED ’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, EDNA JOHNSON-REED wrongfully died.

WHEREFORE, the Plaintiff, Estate of EDNA JOHNSON-REED, demands judgment for damages against Defendant, NORTH DADE NURSING AND REHABILITATION CENTER, and further demand a trial by jury of all issues so triable.

COUNT II:

REED v. NORTH DADE NURSING AND REHABILITATION CENTER – SURVIVAL ACTION

35. Plaintiff re-adopts and re-alleges paragraphs 1 through 27 and 30 and further alleges:
36. Defendant, NORTH DADE NURSING AND REHABILITATION CENTER, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of EDNA JOHNSON-REED as follows:
37. Failing to prevent skin breakdown and/or infection in EDNA JOHNSON-REED;

iii.        Failing to adequately assess skin breakdown risk in EDNA JOHNSON-REED;

1. Failing to institute appropriate skin breakdown preventative measures and monitoring for EDNA JOHNSON-REED;
2. Failure to appropriately and timely respond to skin breakdown;
3. Failure to keep the resident clean and to change diapers and linens;

vii.       Failing to document the resident’s injuries;

viii.      Failing to treat the resident for injuries and report abnormalities;

1. Failing to report the resident’s signs of injury/illness to his/her healthcare providers;
2. Failing to inform the resident’s family of the resident’s unexplained injuries and/or deteriorated condition;
3. Failing to follow physician’s orders;

xii.       Failing to prevent physical injury and abuse to the resident;

xiii.      Failing to uphold rights to dignity of EDNA JOHNSON-REED;

xiv.      Failing to uphold rights of patient, EDNA JOHNSON-REED;

1. Failing to follow state and federal regulations to protect nursing home residents like EDNA JOHNSON-REED;

xvi.      Failing to provide appropriate nutrition and hydration to the resident;

xvii.     Failure to appropriately staff and train employees and agents;

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

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

1. Failing to properly assess and prevent dehydration and malnutrition;

xxi.      Failure to provide appropriate hygiene;

xxii.     Failure to provide appropriate nutrition and hydration;

xxiii.    Failure to provide medication when required; and

xxiv.    Failing to provide EDNA JOHNSON-REED with safety, well-being, and appropriate healthcare under all the circumstances.

37. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, NORTH DADE NURSING AND REHABILITATION CENTER, while in the course and scope of their employment, agency and/or apparent agency.
38. This Count is being pleaded in the alternative to the above wrongful death Count. If these injuries did not cause the death of EDNA JOHNSON-REED, 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 EDNA JOHNSON-REED to the time of her death.

COUNT III:

REED v. PHILLIP ESFORMES – WRONGFUL DEATH

39. Plaintiff re-alleges paragraphs 1 through 29 and further allege:
40. At all material times, PHILLIP ESFORMES personally owned the nursing home facility.
41. At all material times, PHILLIP ESFORMES personally controlled the nursing home facility in an individual capacity.
42. At all material times, PHILLIP ESFORMES, an active managing employee, personally made the policy decisions at NORTH DADE NURSING & REHABILITATION CENTER, had the ability to hire and fire staff, and was personally involved in micromanaging nursing home policy and resident care at the subject facility.
43. At all material times, PHILLIP ESFORMES was personally and individually negligent in his role in owning, managing and controlling the facility in the following respects:
44. Committing systemic billing fraud and failing to provide services paid for by Medicare, Medicaid and private insurers;
45. Diverting funds intended for resident care of EDNA JOHNSON-REED and using them for personal profits;

• Failing to prevent skin breakdown and/or infection in EDNA JOHNSON-REED;

1. Failing to adequately assess skin breakdown risk in EDNA JOHNSON-REED;
2. Failing to institute appropriate skin breakdown preventative measures and monitoring for EDNA JOHNSON-REED;
3. Failure to appropriately and timely respond to skin breakdown;

• Failure to keep the resident clean and to change diapers and linens;
• Failing to document the resident’s injuries;

1. Failing to treat the resident for injuries and report abnormalities;
2. Failing to report the resident’s signs of injury/illness to his/her healthcare providers;
3. Failing to inform the resident’s family of the resident’s unexplained injuries and/or deteriorated condition;

• Failing to follow physician’s orders;
• Failing to prevent physical injury and abuse to the resident;
• Failing to uphold rights to dignity of EDNA JOHNSON-REED;

1. Failing to uphold rights of patient, EDNA JOHNSON-REED;

• Failing to follow state and federal regulations to protect nursing home residents like EDNA JOHNSON-REED;
• Failing to provide appropriate nutrition and hydration to the resident;
• Failure to appropriately staff and train employees and agents;
• Failure to provide appropriate budgeting for the subject facility;

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

• Failing to properly assess and prevent dehydration and malnutrition;
• Failure to provide appropriate hygiene;
• Failure to provide appropriate nutrition and hydration;
• Failure to provide medication when required; and
• Failing to provide EDNA JOHNSON-REED with safety, well-being, and appropriate healthcare under all the circumstances.

44.      As a proximate result of the Defendant’s deprivation of and infringement upon EDNA JOHNSON REED’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, EDNA JOHNSON REED wrongfully died.

WHEREFORE, the Plaintiff, Estate of EDNA JOHNSON-REED, demands judgment for damages against Defendant, NORTH DADE NURSING AND REHABILITATION CENTER, and further demand a trial by jury of all issues so triable.

COUNT VI

SURVIVAL ACTION AGAINST PHILLIP ESFORMES

45. Plaintiff re-adopts and re-alleges paragraphs 1 through 27 and 30 and further alleges:
46. This survival action is made in the alternative to the above wrongful death claim.
47. At all material times, PHILLIP ESFORMES, an active managing employee, personally made the policy decisions at NORTH DADE NURSING & REHABILITATION CENTER, had the ability to hire and fire staff, and was personally involved in micromanaging nursing home policy and resident care at the subject facility.
48. At all material times, PHILLIP ESFORMES was personally and individually negligent in his role in owning, managing and controlling the facility in the following respects:
49. Committing systemic billing fraud and failing to provide services paid for by Medicare, Medicaid and private insurers;
50. Diverting funds intended for resident care of EDNA JOHNSON-REED and using them for personal profits;

iii.        Failing to prevent skin breakdown and/or infection in EDNA JOHNSON-REED;

1. Failing to adequately assess skin breakdown risk in EDNA JOHNSON-REED;
2. Failing to institute appropriate skin breakdown preventative measures and monitoring for EDNA JOHNSON-REED;
3. Failure to appropriately and timely respond to skin breakdown;

vii.       Failure to keep the resident clean and to change diapers and linens;

viii.      Failing to document the resident’s injuries;

1. Failing to treat the resident for injuries and report abnormalities;
2. Failing to report the resident’s signs of injury/illness to his/her healthcare providers;
3. Failing to inform the resident’s family of the resident’s unexplained injuries and/or deteriorated condition;

xii.       Failing to follow physician’s orders;

xiii.      Failing to prevent physical injury and abuse to the resident;

xiv.      Failing to uphold rights to dignity of EDNA JOHNSON-REED;

1. Failing to uphold rights of patient, EDNA JOHNSON-REED;

xvi.      Failing to follow state and federal regulations to protect nursing home residents like EDNA JOHNSON-REED;

xvii.     Failing to provide appropriate nutrition and hydration to the resident;

xviii.    Failure to appropriately staff and train employees and agents;

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

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

xxi.      Failing to properly assess and prevent dehydration and malnutrition;

xxii.     Failure to provide appropriate hygiene;

xxiii.    Failure to provide appropriate nutrition and hydration;

xxiv.    Failure to provide medication when required; and

• Failing to provide EDNA JOHNSON-REED with safety, well-being, and appropriate healthcare under all the circumstances.

49. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, PHILLIP ESFORMES, while in the course and scope of his employment, agency and/or apparent agency.

50. If these injuries did not cause the death of EDNA JOHNSON-REED, 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 EDNA JOHNSON-REED to the time of her death.

WHEREFORE, the Plaintiff, Estate of EDNA JOHNSON-REED, demands judgment for damages against Defendant, NORTH DADE NURSING AND REHABILITATION CENTER, and further demand a trial by jury of all issues so triable.

DATED this 18th day of June, 2018.

/s/ William J. Sarubbi, II