Latest News 2008 November Daughter Files Wrongful Death Lawsuit against Illinois Nursing Home

Daughter Files Wrongful Death Lawsuit against Illinois Nursing Home

In Illinois, a daughter has filed a wrongful death claim against a nursing home in Streamwood.  The woman, Patricia Gioia, claims that her mother dies after she was attacked by a fellow patient who is known to have violent tendencies. 

Court records indicate that the lawsuit was filed this past Friday in Cook County Court against Lexington Health Care Center in of Streamwood and also against Vonda Messino, another nursing home resident.

The lawsuit states that Mary Ann Flynn was admitted into the facility in 2006 after suffering from dementia, a chronic obstructive pulmonary disorder.  Flynn also suffered from hypertension.

On November 24, 2006, it is alleged that Flynn was attacked by fellow resident, Messino.  The suit claims that prior to the attack, Messino had repeatedly threatened Flynn with violence and that the threats were made in front of nursing home staff members.  In the lawsuit, it is alleged that nursing home staff were aware of Messino's "violent propensities". 

After the severe attack, Flynn incurred multiple bruises and suffered a stroke.  The lawsuit claims that the attack led to her death and that staff members failed to protect Flynn from Messino.  It also claims that Flynn suffered from abuse and neglect and that the nursing home failed to provide services with professional standards.  Additionally, the lawsuit states that Lexington Health Care Center failed to contact Flynn's family after she was attacked, failed to maintain records, failed to provide adequate care for Flynn and failed to notify Flynn's family of changes to her physical condition. 

The lawsuit is four-count and makes claims of battery.  The family is seeking $250,000 in damages in additions to interest and costs.

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Categories: Wrongful Death

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