The families of two former residents at Regency Hermiston are asking for more than $2 million in lawsuits filed against the senior care center.
Court documents show the estates of S. Dean Gardner and Maxine Monaghan both represented by attorney Brian Dretke of Pendleton are claiming three counts of negligence and a fourth, alternative count of wrongful death in two recently filed medical malpractice complaints.
Both Gardner and Monaghan sustained injuries because of Regency's care, their families argue a claim they will soon make to Judge Patricia Sullivan in the U.S. District Court in Pendleton.
Management at Regency Hermiston was unaware of the suits when contacted this week, and a representative from the companys corporate headquarters said because of the pending litigation, she could make no comment.
In a suit submitted Sept. 16, plaintiff Sabra Crysler alleges that during her brother S. Dean Gardener's time at Regency Sept. 8, 2009, to Jan. 1, 2010 he developed extensive wounds on his left foot that became infected.
He went to the emergency room at Good Shepherd Medical Center on Jan. 1, where he received surgery and remained until Jan. 8. Gardner was then transferred to Willowbrook Terrace, where the 70-year-old former electrician and Navy officer died Feb. 24, 2010.
Gardners family is seeking a jury trial and $776,890 the maximum they could receive with a sentence in their favor.
Two weeks ago, Regency filed an answer to the complaint in which the company claimed no wrongdoing.
Nothing this answering defendant did, or did not do, caused the plaintiffs injuries, alleged damages or death, Lee Aronson, a Portland attorney representing Regency in both cases, said in the document.
Dretke said the Monaghan family is also seeking a jury trial in their suit, though he declined to comment on specific details in either case.
Maxine Monaghan was admitted to Regency on May 13, 2008.
Nine months later, she suffered a significant fall while in [the] defendants facility, according to a complaint filed Nov. 15, 2010.
Doctors at Good Shepherd treated her for sprains, swelling and a small cut on her forehead before Monaghan returned to Regency on Feb. 22, 2009.
The 89-year-old former resident of The Dalles fell again June 29, 2009, and once more received treatment at Good Shepherd.
After being treated for spine and nasal fractures, she returned to Regency on July 3, 2009.
Monaghan died there three weeks later on July 24, 2009.
In the first count of the familys complaint, they claim Regency failed to adequately assess Mrs. Monaghans risk for falls, and failed to develop, revise and implement a fall prevention plan.
Kathy Monaghan, the plaintiff and Maxine Monaghan's daughter, is seeking $1.25 million in the case.
Regency has yet to file an answer to the Monaghan complaint.
Gardners family wished to make no comment in regards to their suit, and the Herald was unable to contact the Monaghan family or Regency's attorney.
The discovery period in the Gardner case is scheduled to end Jan. 8, 2011, with a trial beginning some time after Feb. 17, the day the pretrial order is due.
Judge Sullivan has yet to set any further dates in the Monaghan case.