Nursing Home Wrongful Death Lawsuit Filed vs. St. John’s Nursing Center

Our Fort Lauderdale nursing home lawyers recently filed a lawsuit against St. John’s Nursing Home. The case involves allegations of a preventable nursing home fall which resulted in a bone fracture. The case is currently pending in Broward County Circuit Court. Read the full, publicly filed Complaint for Damages below.

If you believe you have a case of nursing home neglect against St. John’s, call our Broward County nursing home abuse law firm at 754-312-7202.

St. John’s Nursing Center? St. John’s Rehabilitation Hospital? What is in a Name?

St. John’s Nursing Center is occasionally referred to as St. John’s Rehabilitation Hospital and Nursing Center, Inc., its corporate name. The facility is operated and managed by Catholic Health Services, Inc. and maintains a separate insurance policy for injury and death claims.

St. John’s Nursing Home Contact Info

3075 NW 35TH AVE
LAUDERDALE LAKES, FL 33311
Phone: (954) 739-6233

Our Lawsuit Filed Against St. John’s Rehab and Nursing Center

COMPLAINT FOR NURSING HOME NEGLIGENCE AND WRONGFUL DEATH

COMES NOW the Plaintiff, GEORGE DELUCCA, as Personal Representative of the Estate of JUSTINA DELUCCA, by and through undersigned counsel, and sues the Defendants, ST. JOHN’S REHABILITATION HOSPITAL AND NURSING CENTER, INC.  (“ST. JOHN’S NURSING CENTER”) and CATHOLIC HEALTH SERVICES, INC. (“ST. JOHN’S 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.
3. This action is being brought by the Plaintiff for violations of Chapter 400 against ST. JOHN’S NURSING CENTER and ST. JOHN’S CORPORATE while JUSTINA DELUCCA was a resident at the Defendants’ nursing home, ST. JOHN’S NURSING CENTER (hereafter “the nursing home” or “the facility”).
4. At all times material JUSTINA DELUCCA was a resident of Broward County, Florida.
5. At all times material, GEORGE DELUCCA, is the lawful son of JUSTINA DELUCCA. GEORGE DELUCCA has been appointed, or is in the process of being appointed as Personal Representative of the Estate of JUSTINA DELUCCA, and is the proper party to bring this action on behalf of the estate and its survivors.
6. At all times material, ST. JOHN’S NURSING CENTER, was a Florida corporation doing business in Broward County, with a principal place of business in Broward County and an agent in Broward County.
7. At all times material, ST. JOHN’S CORPORATE, was a foreign corporation, authorized and doing business in Broward County.
8. 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.
9. The undersigned certifies a good faith basis for bringing this action.

ALLEGATIONS AGAINST ST. JOHN’S NURSING CENTER

10. At all times material hereto, the Defendant, ST. JOHN’S NURSING CENTER, was the licensee of the nursing home facility in Lauderdale Lakes, Florida, which was authorized to do business in the State of Florida and to operate a nursing home under the name of ST. JOHN’S REHABILITATION HOSPITAL AND NURSING CENTER, INC., in Broward County, Florida, and is subject to the provisions of Florida Statutes Chapter 400.
11. At all times material hereto, the Defendant, ST. JOHN’S NURSING CENTER employed the nurses and caretakers at the facility, and is therefore responsible for their tortious conduct.
12. At all times material hereto, the Defendant, ST. JOHN’S NURSING CENTER, was operating ST. JOHN’S NURSING 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.
13. JOHN’S NURSING CENTER owed a duty to its residents to provide reasonable care.

ALLEGATIONS AGAINST ST. JOHN’S CORPORATE

14. At all times material, ST. JOHN’S CORPORATE, was the management company/manager and/or owner of the subject nursing home.
15. At all times material hereto the Defendant, ST. JOHN’S CORPORATE, was in the business of owning, managing, and/or maintaining nursing and convalescent homes and related health care facilities, including the facility located in Broward County, Florida.
16. At all times material hereto, the Defendant, ST. JOHN’S CORPORATE, was operating the subject facility, which was licensed as a nursing home as that term is defined in Florida Statutes Chapter 400.
17. At all times material hereto, the Defendant, ST. JOHN’S CORPORATE, was operating ST. JOHN’S NURSING 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.
18. JOHN’S 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.
19. During JUSTINA DELUCCA’s residency, ST. JOHN’S CORPORATE owned, managed, operated and/or had the right to control the nursing home and its staff. Therefore, ST. JOHN’S CORPORATE is responsible for any actions or omissions of the nursing home’s employees, agents or apparent agents.
20. JOHN’S CORPORATE owed a duty to its residents to provide reasonable care.

FACTS GIVING RISE TO THIS CAUSE OF ACTION

21. JUSTINA DELUCCA was admitted to ST. JOHN’S NURSING CENTER on or around 10/20/17 for supervision and assistance with all activities of daily living.
22. Due to her prior fall history, dementia and immobility, JUSTINA DELUCCA was at all times a high fall risk.
23. Despite her high fall risk classification, proper fall preventative measures were not implemented at ST. JOHN’S NURSING CENTER.
24. Consequently, JUSTINA DELUCCA suffered a preventable fall at ST. JOHN’S NURSING CENTER on or around 10/23/17.
25. This resulted in a serious hip fracture and emergent admission into Westside Regional Medical Center, where surgery was performed by Dr. Michelov on or around 10/25/17.
26. Due to her fall-related injuries, JUSTINA DELUCCA’s underlying health conditions, both physical and mental, were greatly compromised.
27. In her final days, JUSTINA DELUCCA suffered daily pain due to her serious injuries and corresponding surgeries.
28. JUSTINA DELUCCA died shortly thereafter on or around January 8, 2018.

Wrongful Death Damages

29. JUSTINA DELUCCA wrongfully died on January 8, 2018 as a direct and proximate result of the Defendants’ negligence, more fully described above and below.
30. As a direct and proximate result of the rights violations outlined above and below, the Estate of JUSTINA DELUCCA and the survivors of the Estate, including but not limited to George DeLucca (son), are entitled to all damages recoverable for the wrongful death caused by the Defendants, as alleged above and below, including but not limited to:
31. Damages for JUSTINA DELUCCA’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 JUSTINA DELUCCA, medical and nursing care and treatment and aggravation of previous existing conditions, from the time of her injury until the time of her death;
32. Medical bills and expenses;
33. Funeral expenses;
34. Loss of Net Accumulations;
35. 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, JUSTINA DELUCCA, and have incurred medical and funeral expenses as a result of JUSTINA DELUCCA’s death, and have suffered the loss of JUSTINA DELUCCA’s love and companionship.

Survival Damages

31. Alternatively, if these injuries did not cause JUSTINA DELUCCA’s death, the Estate of JUSTINA DELUCCA 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 JUSTINA DELUCCA 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:

DELUCCA v. ST. JOHN’S REHABILITATION HOSPITAL AND NURSING CENTER, INC.  – WRONGFUL DEATH

32. Plaintiff re-adopts and re-alleges paragraphs 1 through 30 and further alleges:
33. Defendant, ST. JOHN’S NURSING CENTER, through its employees, agents and apparent agents were below the standard of care and thus violated the Chapter 400 rights of JUSTINA DELUCCA as follows:

• Dropping the resident;
• Failure to properly evaluate fall risk;
• Failure to institute appropriate fall precautions and provide assistive devices;
• Failure to appropriately and timely respond to fall precautions;
• Failure to appropriately use resident alarms;
• Failure to prevent the fall(s) of the resident;
• Failure to supervise and/or provide fall-preventative equipment;
• Failing to treat the resident for injuries;
• Failure to document the resident’s injuries;
• Failure to report the resident’s injuries;
• Failure to inform the resident’s family of the resident’s injuries and deteriorated condition;
• Failing to timely recognize signs and symptoms of infection and UTI;
• Failing to keep surgical wounds and open areas clean and free of infection;
• Failure to monitor the resident;
• Failure to appropriate staff and train employees and agents;

• Failure to prevent skin breakdown, pressure ulcers and infection;
• Failure to prevent provide appropriate nutrition and hydration;
• Failure to provide outside consultation with physicians and specialists; and,
• Failure to provide appropriate nursing home care under all the circumstances.

34. The above negligence occurred from the actions and omissions of employees, agents and apparent agents of Defendant, ST. JOHN’S NURSING CENTER, while in the course and scope of their employment, agency and/or apparent agency.
35. As a proximate result of the Defendant’s deprivation of and infringement upon JUSTINA DELUCCA’s Chapter 400 rights as alleged in this Complaint, which includes the above alleged negligence, JUSTINA DELUCCA wrongfully died.

WHEREFORE, the Plaintiff, Estate of JUSTINA DELUCCA, demands judgment for damages against Defendant, ST. JOHN’S NURSING CENTER, and further demand a trial by jury of all issues so triable.

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