A Cook County estate representative is suing a nursing home, alleging neglect that led to a patient’s death by choking.

Dana Lynn Scarzone, as estate executor for Ronald David Pincon, deceased, filed a lawsuit June 19 in Cook County Circuit Court against Butterfield Health Care II Inc., doing business as a Meadowbrook Manor-Naperville, alleging negligence.

The suit states Pincon was a resident at the defendant’s long-term care facility in Naperville from Jan. 20-Sept. 21, 2013. According to the complaint, Meadowbrook Manor-Naperville was negligent in failing to attend to Pincon on Sept. 21, 2013 by allowing him to eat his dinner alone and unattended. The suit states the patient choked on his food, suffered anoxic brain injury, became non-responsive and subsequently died Oct. 8, 2013.

The plaintiff maintains Butterfield Health Care violated industry regulations, failed to furnish sufficient staff, implement a care plan for Pincon, maintain safety, and care for the patient with dignity and respect. The suit states as a direct and proximate result of the defendant’s wrongful acts or omissions, Pincon suffered panic, anxiety, pain, suffering, disability and trauma.

Scarzone seeks damages in excess of $50,000 plus attorney fees and costs. She is represented by attorney Robert Karr of Karr Law in Chicago.

Cook County Circuit Court case number 2015L0006272.

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