Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Agape Village lawsuit.pdf

Agape Village lawsuit.pdf

Ratings: (0)|Views: 0|Likes:

More info:

Published by: The Huntsville Times on Feb 05, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/10/2014

pdf

text

original

 
IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMAElin Baroni, by and through her )Daughter and Next Friend, Susan Pugh, ))& ))Elizabeth Boutwell, by and through her )Son and Next Friend, Robert A. Boutwell, ))
 Plaintiffs,
))v. ) CV2013 -______________)Great Oaks Healthcare Management, )LLC, d/b/a Agape Village Memory Care ))There may be other entities whose true names and identities are unknown toplaintiff at this time who may be legally responsible for the claim(s) set forthherein. The true names and identities will be added by amendment byplaintiff when accurately ascertained by further discovery. Until that time,plaintiff will designate these parties in accordance with ARCP 9(h). Theword entity as used herein is intended to refer to and include any and alllegal entities including individual persons, any and all forms of partnership,any and all types of corporations and unincorporated associations.Fictitious Defendant A, being the correct legal name of the entity identifiedherein as Great Oaks Healthcare Management, LLC, d/b/a Agape VillageMemory Care;Fictitious Defendant B,C,D being the correct legal name of the individual(s),corporation(s), or other entity(ies) that owned or operated the residentialassisted living facility where Elin Baroni and Elizabeth Boutwell resided onthe occasion(s) described herein;Fictitious Defendant E,F,G being the correct legal name of the individual(s),corporation(s), or other entity(ies) that provided care to or were responsiblefor the care of Elin Baroni and Elizabeth Boutwell, on the occasion(s)described herein;Fictitious Defendant H,I,J being the correct legal name of the individual(s),corporation(s), or other entity(ies) that is legally responsible for the injuriesto Elin Baroni and Elizabeth Boutwell described herein;)
 
ELECTRONICALLY FILED2/5/2013 10:57 AMCV-2013-900242.00CIRCUIT COURT OFMADISON COUNTY, ALABAMAJANE C. SMITH, CLERK
 
 2
Defendants. ))COMPLAINT
1. Plaintiff, Elin Baroni, by and through her daughter and next friend, Susan Pugh, isa resident of Madison County, Alabama.2. Plaintiff, Elizabeth Boutwell, by and through her son and next friend, Robert A.Boutwell, is a resident of Madison County, Alabama.3. Agape Village Memory Care, is a residential assisted living facility located at 372Jimmy Fisk Road, Hazel Green, Alabama 35750. The facility is owned and operated by GreatOaks Healthcare Management, LLC, an Alabama corporation doing business in MadisonCounty, Alabama.4. The true names and identities of the other named defendants are unknown toplaintiffs at this time and will be added by amendment in accordance with Rule 9 (h) of theAlabama Rules of Civil Procedure when the true names and identities are ascertained.5. Agape Village Memory Care is a residential assisted living facility licensed by theAlabama State Board of Health and subject to the Rules of Alabama State Board of Health,Division of Licensure and Certification, Ala. Admin. Code, Chapter 420-5-10 and AlabamaCode § 22-21-20. As a nursing facility receiving public funds, Agape Village Memory Care isalso subject to regulatory standards found in 42 C.F.R. part 483 (Requirements for States andLong-Term Care Facilities), and the Nursing Home Reform Act, 42 U.S.C. § 1396. (also knownas the Omnibus Budget Reconciliation Act of 1987 or “OBRA”)6. The State and Federal laws and regulations described above create a legal dutythat requires Agape Village Memory Care to provide appropriate nursing care and services toeach of its residents.7. The plaintiffs in this action, Elin Baroni, by and through her daughter and nextfriend, Susan Pugh, and Elizabeth Boutwell, by and through her son and next friend, Robert A.Boutwell, assert that Agape Village Memory Care has violated its duty to provide appropriatenursing care and services and that these violations caused injuries to Elin Baroni and ElizabethBoutwell.8. The acts and omissions complained of occurred in Madison County, Alabama andthe amount in controversy exceeds $ 10,000.
FACTUAL ALLEGATIONS
9. In or about February, 2008, Elin Baroni was admitted to Agape Village MemoryCare. At the time of admission, Ms. Baroni suffered from anemia, chronic obstructive
 
 3
pulmonary disorder, hypertension, osteopenia, dementia, and other health problems, and waswheelchair bound.10. While at Agape Village Memory Care, Ms. Baroni required assistance foractivities of daily living, including protection from physical and mental abuse. She had memorydeficits and impaired cognitive skills, with limited ability to communicate and express her needs.11. In or about December, 2011, Elizabeth Boutwell was admitted to Agape MemoryCare. At the time of her admission, Ms. Boutwell suffered from dementia, Alzheimer’s, andother medical problems.12. While at Agape Village Memory Care, Ms. Boutwell required assistance foractivities of daily living, including protection from physical and mental abuse. She had memorydeficits and impaired cognitive skills, with limited ability to communicate and express her needs.13. Beginning sometime in 2011, and lasting until through September 2012, ElinBaroni, Elizabeth Boutwell, and other elderly residents of Agape Village Memory Care were thevictims of physical and mental abuse carried out by an employee of the facility. This abuseincluded, but was not limited to, striking, slapping, smacking, pinching, swatting, pushing,shoving, violently moving into and out of sitting and prone positions, yelling, harsh language,and verbal insults.14. This abuse resulted in physical injuries, including, but not limited to, bruises,contusions, cuts, and lacerations. This abuse also resulted in severe mental anguish.15. The abuse of Ms. Baroni and Ms. Boutwell was reported to Agape VillageMemory Care administration and management in or about February, 2012, but the facility failedto report the abuse to the victims’ families or to the appropriate state or federal authorities, or totake other appropriate action to protect the victims from abuse.16. In or about June and July, 2012, Elin Baroni was identified as suffering frominjuries consistent with physical and mental abuse, but no report was made to Ms. Baroni’sfamily or to the appropriate state or federal authorities, or to take other appropriate action toprotect Ms. Baroni from abuse.17. The abuse of residents was again reported to Agape Village Memory Careadministration and management on or about September 19, 2012, but the facility delayedreporting the abuse to the appropriate state or federal authorities until August 31, 2012. Theabuse was still not reported to the families of Elin Baroni or Elizbeth Boutwell.
COUNT ONEMEDICAL NEGLIGENCE
18. Plaintiff adopts and realleges paragraphs 1 through 17 as if they were set forth infull.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->