Lawsuit filed against Erwin Health Care Center

Brad Hicks • Mar 24, 2012 at 9:31 PM

ERWIN — For the second time this year, a lawsuit has been filed against Erwin Health Care Center nursing home alleging negligence on the part of the facility resulting in the harm of one of its residents.

The latest complaint was filed Wednesday afternoon in Unicoi County Circuit Court by Renda D. Scott on behalf of Guy S. Fillers. It alleges that negligence on the part of Erwin Health Care Center led to Fillers’ suffering a broken bone in his leg. It also alleges that this condition was not revealed until nearly a week after the injury occurred.

The complaint also names Erwin Health Care Associates and C & E Management Co., the company over the Erwin Health Care Center, as defendants.

According to the complaint, on or about Nov. 21, 2010, Fillers fell while he was in the nursing home’s care and suffered what is referred to in the complaint as a “traumatic displaced femoral neck fracture.”

The complaint states that an X-ray was later taken, but was not read until Nov. 27, 2010.

“Guy S. Fillers languished with the broken femur until November 27, 2010, when his daughter recognized he was in pain and then then X-ray was read,” the complaint states.

Among the allegations listed in the complaint are that Erwin Health Care Center failed to provide medical treatment and care for Fillers’ injury, failed to diagnose the fracture, failed to recognize Fillers was in pain, failed to exam and treat Fillers between Nov. 21, 2010, and Nov. 27, 2010, failed to properly monitor Fillers’ condition, and failed to properly supervise Fillers to prevent him from falling and harming himself.

“As a result of the negligent conduct of Defendants, by and through the actions and omissions of their agents, employees and servants, and the actions and omissions of Individual Defendant, Plaintiff suffered and continues to suffer serious and severe pain and suffering, serious and severe permanent impairment; and past, present and future medical expenses and past, present and future enjoyment of life,” the complaint states.

The complaint requests a jury trial and that Fillers be awarded compensatory damages for no less than $1 million. It also seeks awards for prejudgement interest, discretionary costs and statutory costs.

Neither Jason S. Randolph, the attorney representing the plaintiffs, nor Rebecca Adelman with Adelman Law Firm PLLC, which represents Erwin Health Care Center, could be reached Friday for comment.

In late January, attorneys for William A. Warden Jr. filed a $15 million wrongful death lawsuit against Erwin Health Care Center and C & E Management. The complaint in that case, unrelated to the one filed Wednesday, alleges that Erwin Health Care Center failed to notify the family of William A. Warden Sr., a resident at the center, of his deteriorating health over the course of his stay there.

According to that complaint, Warden Sr. entered the center on March 8, 2011. From late April until his death on May 10, Warden’s condition deteriorated, but it was not until the evening of May 5 that his family was notified of the decline in his health, according to the complaint.

Earlier this month, attorneys for Erwin Health Care Center and C & E Management filed a motion seeking dismiss portions of this complaint seeking damages for violation of the Tennessee Adult Protection Act.

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