Daughter Suing Nursing Home
Posted by Patti on July 15th, 2005 / Print This Post
This didn’t take long. And I’m surprised at how such a value has been placed upon a life. I don’t like lawsuits.
I think they do more harm than good.
The daughter of a woman who died last month after sunbathing outside in 90-plus-degree heat at Heartland of Waterville has filed a civil lawsuit against the nursing home and its parent company, HCR Manor Care.Noelle Tillman alleges that the nursing home was negligent in caring for her mother, Patricia Matney, who was a resident of the facility at 8885 Browning Drive for four years.
Ms. Matney, 49, who had multiple sclerosis and could not move on her own, died June 26 after she had been lying outside for several hours on a concrete patio. The Lucas County Coroner’s Office said she died from hyperthermia, and her body temperature was recorded at 109 degrees.
The lawsuit, filed Friday in Lucas County Common Pleas Court, also named unspecified defendants who were employees at the nursing home and alleges they were responsible for Ms. Matney’s care.
The complaint seeks compensatory and punitive damages in excess of $13 million. But Michael Leizerman, a Toledo attorney who filed the lawsuit on behalf of the family, said yesterday that a jury would be asked for a higher figure, in part, to send a message that changes are needed in the care of nursing home residents.
July 28th, 2005 at 8:26 am
SUNBATHING DEATH
Court asked to remove estate’s administrator
By ERICA BLAKE
BLADE STAFF WRITER
The mother and sisters of the woman who died after sunbathing at a local nursing home have filed to have Patricia Matney’s daughter disqualified as administrator of her estate.
Evelyn Matney and her daughters, Deborah Gray, Mary Jane Taylor, and Cynthia Kazmierczak, filed the motion last Thursday, saying Noelle Tillman is not qualified to serve as the administrator of the estate.
According to the motion, Ms. Tillman “engaged in a systematic pattern of abusive, irresponsible, and reckless behavior with regard to her mother.”
Ms. Matney, 49, who had multiple sclerosis and could not move on her own, died June 26 at Heartland of Waterville after she had been lying outside for several hours in 90-degree-plus heat.
A report by the Ohio Department of Health labeled the death “preventable.”
Ms. Tillman filed a wrongful-death complaint Friday, the day after her family challenged her authority.
She said that the lawsuit was filed with hopes that it would help lead to improved care for residents in nursing homes.
Ms. Tillman is seeking compensatory and punitive damages in excess of $13 million.
Ms. Tillman said yesterday in a statement that she believes her family was reacting to her decision to fire their attorney and hire E.J. Leizerman & Associates to represent her.
“I am bewildered with the things my family has come out with in recent days. I cannot explain what has happened. I thought we had all agreed to act immediately to hold Heartland responsible,” the statement said.
But Ms. Matney’s mother, Evelyn, said it was the lawsuit that led her family to question her granddaughter’s motives.
“As the mother of Patricia Matney, I am very hurt that my granddaughter, Noelle Tillman, has portrayed to the media that I and Patty’s sisters are supporting her in a lawsuit against HCR Manor Care,” the elder Ms. Matney said in a statement.
“As a family, I believe that we all are in agreement that we must work hard to see that changes are made in nursing home care, but I do not support this lawsuit and have stated repeatedly that we wished to reserve any judgment until the coroner’s report and all investigations are finalized,” the statement said.
In a telephone interview yesterday, Ms. Matney, 71, said the reasons that the petition was filed are known to her granddaughter.
She declined to give specific details.
According to Toledo Municipal Court records, Ms. Tillman was accused of punching her mother “in the arm with a closed fist” on Aug. 3, 2001.
The misdemeanor case was dismissed a month later because the victim failed to appear and because of problems with evidence.
Patricia Matney was admitted to Heartland of Waterville on Aug. 16, 2001, the Ohio Department of Health’s investigation said.
Ms. Tillman’s attorney, Michael Leizerman, said it was during that time that his client and her mother were under the most stress - stress brought on by a young woman trying to care for her ailing mother and that was relieved once Ms. Matney was given full-time care.
“She’s not going to comment on past charges that were dropped because she found the charges to have no merit,” Michael Leizerman said. “She and her family all know that she had a wonderful relationship with her mother over the past three years.”
Michael Leizerman said that the lawsuit against the nursing home could not be delayed because of concerns that evidence and interviews would not be as readily available. He said Ms. Tillman plans to focus her attention on the lawsuit against the nursing home.
Patricia Matney’s father, Virgil, said that he supports Ms. Tillman’s role as administrator of his daughter’s estate.