Mediation leads to $315K settlement in nursing home death

A Columbia nursing home has agreed to pay $315,000 to the estate of a man who died after falling off his shower bed while being bathed, breaking several bones in his face and neck.

James Lewis, who was in his 80s, was a war veteran who suffered from several health issues including dementia, general weakness and a history of falls when he was admitted to C.M. Tucker Nursing Care Center in August 2011.

According to court documents, Lewis was initially assessed as a fall risk, and fell several times prior to the June 18, 2012, incident that led to his death.

An attorney for his estate, Tish Alleyne of the Lourie Law Firm in Columbia, said Lewis was lying on a shower stretcher when he requested to have his back washed. Rather than turning Lewis toward her—proper nursing protocol—the CNA rolled Lewis away from her and he fell to the floor when the side rails failed, said Alleyne.

“It was later that we learned … in discovery … that it didn’t just give way because it gave way—it gave way because it was broken,” Alleyne said. “They had some pins that would fasten in the shower stretcher to hold the side railings up. The locking mechanism in this particular stretcher was broken and the CNA knew it was broken.”

Alleyne said that while the CNA maintained that she turned Lewis properly, she admitted that she knew the side rails were not working properly not only on this particular stretcher, but all of them.

“The locking mechanisms were breaking left and right and the maintenance men knew about it and the CNAs knew about it,” Alleyne said. “They were supposed to be logging in requests for maintenance but you could see there was just this disorganization and a lack of communication that led to this systematic problem.”

The South Carolina Department of Mental Health operates C.M. Tucker. Its attorneys in this case, Kay Crowe and Brian Sopp of Columbia, did not return messages seeking comment.

Alleyne said the defendant’s contention was that Lewis, who died four days after his fall, died from natural causes.

“But testimony was pretty solid from the experts that had it not been for this fall … it obviously precipitated his death because while he did have other diseases, they were being managed,” Alleyne said. “Nothing happened acutely except for this fall.”

As a result of this incident and lawsuit, Alleyne said, the center has changed its policy regarding faulty equipment.

“Prior to us getting involved, when the shower stretchers would break, they would just leave them in the shower room,” Alleyne said. “After this incident, they finally came up with a policy where now if something is broken, they remove it from the unit and put it on the loading dock. That way, everybody knows there is something wrong with this bed, don’t use it.”

Follow Heath Hamacher on Twitter @SCLWHamacher

SETTLEMENT REPORT – WRONGFUL DEATH

Amount: $315,000

Case name: Lewis v. South Carolina Department of Mental Health

Court: Richland County Common Pleas

Case number: 2014-CP-40-2703

Date: Aug. 18

Insurance carrier: South Carolina Insurance Reserve Fund

Attorneys for plaintiff: Neal Lourie and Tish Alleyne of the Lourie Law Firm in Columbia

Attorneys for defendant: Kay Crowe of Barnes, Alford, Stork & Johnson, and Brian Sopp of Hamel Marcin Dunn Reardon & Shea in Columbia