Puntive damages sought

Nursing home death 

brings $2 million claim

By David Baker
Posted  June 11, 2014
214 words

The widow of a man who died from injuries he allegedly received while a patient in an East Greenbush nursing home has filed a lawsuit claiming $2 million in putitive damages.

The suit was filed by the estate of Kenneth Jenkins, who died in March 2013. It names as defendants Evergreen Commons, St. Peter’s Hospital and the Eddy Visiting Nurse Association.

According to legal papers, Jenkins was in Evergreen Commons five times between November 2012 and February 2013. The documents do not state the specific cause of Jenkins’ death. But a 20-page complaint cites numerous state laws and federal regulations, some of which relate to the prevention of falls, the prevention and treatment of bed sores and the prevention and treatment of urinary tract infections.
 
The suit claims wrongful death, medical malpractice and negligence.

The complaint was signed by Sean Doolan of Doolan Platt & Setarch of Windham NY, who has filed numerous claims against nursing homes. This one contains several errors that can result from an over-reliance on word-processor copy and paste functions.  It states that St. Peter’s Hospital is “…located in the City and State of New York, County of Rensselaer.”

St. Peter’s Hospital is in Albany.

Representing the defendants are Phelan, Phelan & Danek,  and Maguire, Cardona, both of Albany.

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