Riley V. Lake City Nursing And Rehabilitation Center, Llc Et Al

Case Background

On December 09, 2020, Plaintiff James Riley, son of Mary Alexander, filed a medical malpractice lawsuit against Lake City Nursing and Rehabilitation Center claiming premises liability and negligence. The case was heard in the United States District Court, Georgia Northern (Atlanta), and Judge Victoria M. Calvert presided over the case. [Case number: 1:20cv4986]

Cause

In 2010, Mary Alexander (Ms. Alexander) became a resident at Lake City Nursing and Rehabilitation Center. There, she received assisted living services and care for her physical ailments. Lake City Nursing and Rehabilitation Center, LLC operated the facility during this time. Rex Road Property Company, LLC owned the center at 2055 Rex Road, Morrow, Georgia 30260.

By January 2019, Ms. Alexander began showing signs of reduced oral and fluid intake. On January 16, her dietician noted that due to weight loss from poor intake, she required full assistance with feeding and became entirely dependent on staff. The following day, her oral and fluid intake decreased dramatically.

On January 17, Ms. Alexander exhibited severe symptoms of sepsis, constipation, and dehydration. However, these symptoms were disregarded by the staff. The next day, January 18, her usual bowel movements stopped entirely.

On January 20, Ms. Alexander refused all meals and fluids. That day, she experienced loose bowel movements due to overflow incontinence. By January 22, her oral and fluid intake remained minimal, and she had no bowel movements. Despite her physical therapy notes indicating she tolerated exercises well earlier that day, nursing notes showed she was unresponsive to verbal stimuli two hours later.

There were no nursing notes documenting Ms. Alexander’s deteriorating condition between January 18 and January 22, despite the staff’s awareness of her severe decrease in oral and fluid intake. On January 22, doctors admitted her to Piedmont Henry Hospital, where they found symptoms including sepsis, a urinary tract infection, an altered mental state, a history of CVA, fecal impaction, hypernatremia, and hypokalemia.

The inaction and delay in diagnosis and treatment by Lake City Nursing and Rehabilitation Center and its staff led to Ms. Alexander’s severe sepsis and extended hospital stay.

Injury

Defendant Lake City Nursing and Rehabilitation Center, LLC’s negligence directly caused Ms. Alexander to suffer from weight loss, dehydration, constipation, and severe sepsis. This negligence led to a delayed diagnosis and a prolonged hospital stay.

Damages

James Riley, Ms. Alexander’s surviving child, was the proper person to file a claim for the Defendants’ negligence. The Defendants were liable for the full extent of Ms. Alexander’s injuries.

The Defendants knew that Ms. Alexander relied completely on the staff for her oral and fluid intake. They were also aware that her intake had been declining throughout January 2019, which indicated an underlying infection.

However, the Defendants failed to diagnose the infection in a timely manner and did not escalate her care as needed. Additionally, they did not modify Ms. Alexander’s diet to address her poor intake.

The Defendants’ actions amounted to willful misconduct, malice, and fraud. Their complete disregard for Ms. Alexander’s well-being showed a conscious indifference to the consequences. Therefore, James Riley had the right to seek punitive damages, as determined by the jury’s enlightened conscience under O.C.G.A. § 51-12-5.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): James Riley individually as the surviving child of Mary Alexander, deceased, and as the Executrix of the estate of Mary Alexander
    • Counsel for Plaintiff(s): Anna Haley Wyatt | Eldridge Suggs , IV | Mari Agasarkisian | Robbin Shipp
    • Experts for Plaintiff(s): Dr. Inna Sheyner, M.D. CMD, AGSF
  • Defendant(s): Lake City Nursing and Rehabilitation Center, LLC dba Lake City Nursing and Rehab Center | Rex Road Property Company, LLC [Terminated] | John Does
    • Counsel for Defendant(s): R. Gordon Sproule, Jr. | Jeffrey Bartow Cannon , Jr

Claims

Count 1: Premises Liability

Lake City Nursing and Rehabilitation Center, LLC had a duty to keep the premises safe for residents like Ms. Alexander. The Defendant advertised the facility as secure and specialized in resident care. However, Defendant failed to implement adequate measures to protect and care for Ms. Alexander.

Count 2: Negligence

The staff, identified as John Does, at Lake City Nursing and Rehab Center did not meet the standard of care expected under similar conditions. Their negligence included but was not limited to, the acts and omissions outlined in Dr. Inna Sheyner’s affidavit.

Count 3: Vicarious Liability

During the relevant times, the staff, John Does, at Lake City Nursing and Rehab Center were employed by Lake City Nursing and Rehabilitation Center, LLC and acted within their employment scope. The Defendant was liable for the staff’s negligence under the principles of respondeat superior, agency, or apparent agency.

The staff failed to meet accepted care standards by:

(1) Not promptly diagnosing and managing Ms. Alexander’s decreasing oral intake, which signaled an infection;

(2) Not transferring Ms. Alexander to a higher level of care in a timely manner;

(3) Not adjusting her diet, which led to weight loss, dehydration, constipation, severe sepsis, and a prolonged hospital stay.

These deviations were directly responsible for Ms. Alexander’s suffering and extended hospital stay. The staff’s actions were the sole and proximate cause of her injuries.

Count 4: Negligent Hiring, Training & Supervision

Defendant Lake City Nursing and Rehabilitation Center, LLC was negligent in failing to establish proper policies and procedures for resident care. The Defendant also failed to train the staff, John Does, on how to properly protect and care for residents.

On August 2, 2024, Plaintiff James Riley agreed to dismiss his claims against Rex Road Property Company, LLC.

Defense

The Defendant denied all allegations, including those related to premises liability and negligence. It was asserted that any care and treatment provided was always in line with the standard of care expected from medical professionals in similar circumstances.

The Defendant claimed that imposing punitive or exemplary damages would infringe upon its constitutional rights. Specifically, such damages would violate the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution. Additionally, Defendant argued that punitive damages would breach the Excessive Fines Clause of the Eighth Amendment and the Double Jeopardy Clause of the Fifth Amendment, as well as similar provisions in the Georgia State Constitution and applicable statutes.

Expert Testimony

Dr. Inna Sheyner was retained as the Plaintiff’s Expert Witness and testified on several key issues. First, she addressed the failure of Lake City Nursing and Rehabilitation Center to promptly diagnose Ms. Alexander’s urinary tract infection. She also discussed the center’s failure to manage Ms. Alexander’s deteriorating condition, marked by decreased oral intake, which indicated an underlying infection.

Second, Dr. Sheyner testified about the center’s failure to transfer Ms. Alexander in a timely manner to a higher level of care, such as a hospital, for immediate treatment.

Third, she covered the center’s failure to prevent Ms. Alexander’s weight loss and dehydration, which resulted from not adjusting her dietary plan.

These failures led to Ms. Alexander’s constipation, severe sepsis, delayed diagnosis, and an extended hospital stay.

Jury Verdict

On September 10, 2024, the Atlanta jury returned a defense verdict after it found that Defendant Lake City Nursing and Rehabilitation Center, LLC did not breach the standard of care in looking after Ms. Alexander. Accordingly, the court did not award any damages to Plaintiff James Riley.

On September 11, 2024, Judge Victoria Marie Calvert issued a final judgment consistent with the verdict, leading to the dismissal of this medical negligence action.

Court Documents:

Available upon request