Estate rep seeks restitution for alleged wrongful death for a woman's family

By Mark Trammell | Sep 21, 2015

A representative for the estate of a deceased Cook County woman seeks restitution from a nursing home on behalf of the deceased's family for alleged wrongful death.

Valerie Gaines, independent administrator of the estate of Pearl Evans, deceased, filed suit on Sept. 16 in Cook County Circuit Court, Law Division against Concord Nursing and Rehabilitation Center, LLC; Yam Management, LLC; Dominique Smith, LPN; Cecilia S. Gubatan, RN; and Darlene Williams, LPN.

According to the complaint, on Jan. 7, 2012, Evans was admitted to Concord Nursing and Rehabilitation Center, where she was wholly dependent on the staff for ambulatory and mobility assistance. On March 16, 2012, Evans suffered an allegedly unsupervised fall, causing injuries to her head and right arm, which developed into a stage IV deep tissue injury by June 6, 2012.

Between June 2012 and August 2013, the plaintiff suffered at least 20 allegedly unsupervised falls, the complaint states. No fall prevention measures were allegedly adopted during all this time, and various other incidents also allegedly took place as well, before Evan's death on March 24, 2014.

The plaintiff is suing on behalf of Evans for violation of the Nursing Home Care Act, carelessness and negligence in a variety of areas, pain and suffering, disability and disfigurement, and other damages.

The plaintiff seeks an amount in excess of the minimum of the court, as will fairly and adequately compensate the plaintiff for the injuries, losses and damages alleged, including court costs and attorney fees.

The plaintiff is being represented by Paul D. Richter and Caitlin K. Finnegan of Kralovec, Jambois & Schwartz of Chicago.

Cook County Circuit Court case number 2015-L-009505.

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