Family members filed a $15 million wrongful death lawsuit against a local nursing home on Wednesday. The complaint says Erwin Health Care Center in Unicoi County waited days before notifying a doctor or family members that one of their patients was “comatose.”
"This is a classic example of pure neglect,” attorney for the plaintiff Parke Morris said. “He was just forgotten."
Morris said William Warden, 93, entered Erwin Health Care Center on March 8th, 2011.
On March 28th, he weighed 162 pounds.
The lawsuit suggests Warden was in good health on April 25th when he visited with Alan Altizer and had a “pleasant conversation.”
But Warden's medical notes indicated a decline on May 2nd. They described him as "comatose."
Morris said no one notified a doctor – or the Warden Family – for two full days.
"If this had happened to an animal, we'd have the SPCA out demanding that a full investigation be done,” Morris said. “Here, it's just swept under the rug because it's a bunch of old people."
The lawsuit states, "Lab values from May 4, 2011 portray a man with a raging infection, who was profoundly dehydrated and in kidney failure."
EHC transferred Warden to the Erwin Emergency Room on May 4th at 11:29 p.m. He was moved to Franklin Woods Hospital in Johnson City on May 5th.
“[Franklin Woods] medical records reflect that [Warden] weighed 139 pounds, which constitutes a more than 20-pound weight loss in fewer that 40 days,” the lawsuit states. “[EHC] either had no idea that Mr. Warden had become badly dehydrated, or intentionally misstated his condition."
Warden died on May 10th.
"We take the allegations of the complaint very seriously,” said EHC Attorney Rebecca Adelman. “We will fully investigate them and prepare a response per the court system."
Adelman would not address the allegations specifically. She said the staff at EHC takes great pride in their service to the community.
"Lawsuits can be filed,” she said. “It doesn't mean that there's any merit to the lawsuit."
EHC falls in the jurisdiction of the Unicoi County Sheriff’s Department. Chief Dep. Ronnie Adkins said his office is not involved in the case.
Morris said the family did not pursue criminal charges because what he termed "neglect" occurred over several days and several different shifts.
“It’s a systemic problem," he said.
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