First Posted: 3/24/2015
LIMA — The brother of a woman who died in 2013 has filed a wrongful death lawsuit against the nursing home where she had only been admitted for one day before her death.
David Fay filed the lawsuit on behalf of the estate of Virginia Gallenz, who died March 23, 2013. Named as defendants are HCF of Shawnee, which operates under the name of Shawnee Manor at 2535 Fort Amanda Road. The lawsuit also said there’s the possibility of others to be named as defendants who remain unknown.
He is seeking more than $25,000 in damages.
A representative for HCF could not be reached for comment.
Gallenz entered Shawnee Manor on March 22, 2013. The nursing home should have been aware she was mentally impaired and had severe burns, according to the lawsuit.
Gallenz had a tracheotomy tube that allowed her to breath properly. On the same day she was admitted to the nursing home, she did not have arm restrains put in place, according to the lawsuit.
The next day she was found with the tube pulled out and unresponsive. Gallenz was taken to St. Rita’s Medical Center where she was pronounced dead, according to the lawsuit.
The cause of death was listed as asphyxia or suffocation, according to the lawsuit.
The action accuses the nursing home of negligence and not properly caring for Gallenz. It said the nursing home failed to provide a safe environment and failed to provide adequate staffing to support and monitor Gallenz.
The appropriate intervention would have prevented her from removing the tube in her throat, according to the lawsuit.
She suffered bodily harm, and her family suffered the loss of a loved one as well as funeral and burial expenses, according to the lawsuit.
