Professional Documents
Culture Documents
COMES NOW Plaintiffs, Sylvia C. Martin and Ricky Lee Chavous, as co-executors
of the estate of Jean Chavous Simmons, and Johnnie Lamar Simmons, Jr. as executor of
the estate of Johnnie Lamar Simmons, Sr. and file this Complaint for Damages against
Equity Holdings MT LLC, Georgia GL Holdco, LLC, and John Does 1-20, and allege as
follows:
1.
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Jean Chavous Simmons died on or about June 26, 2019, leaving a spouse, Johnnie
Lamar Simmons, Sr. but no children. Johnnie Lamar Simmons Sr. died on or about
October 19, 2019. Plaintiffs Sylvia C. Martin and Ricky Lee Chavous are the niece and
nephew of Jean Chavous Simmons and are the duly appointed co-executors of the estate
of Jean Chavous Simmons. Plaintiffs bring this action for all damages recoverable by Jean
2.
Plaintiff Johnnie Lamar Simmons Jr., as executor of the estate of Johnnie Lamar
Simmons, Sr, brings this wrongful death action on behalf of all the statutory wrongful
3.
company with its principal place of business at 3618 J. Dewey Gray Circle, Augusta,
Richmond County, Georgia, 30907. Said Defendant is subject to the jurisdiction of this
Court and may be served by serving its registered agent for service, The Corporation
4.
principal place of business at One Ravina Drive, Suite 1500, Atlanta, Georgia 30346. Said
Defendant is subject to the jurisdiction of this Court and may be served by serving its
registered agent for service, The Corporation Company (FL), 112 North Main Street,
Cumming, GA 30040.
5.
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company with its principal place of business at One Ravina Drive, Suite 1500, Atlanta,
Georgia 30346. Said Defendant is subject to the jurisdiction of this Court and may be
served by serving its registered agent for service, The Corporation Company (FL), 112
6.
its principal place of business at One Ravina Drive, Suite 1500, Atlanta, Georgia 30346.
Said Defendant is subject to the jurisdiction of this Court and may be served by serving
its registered agent for service, The Corporation Company (FL), 112 North Main Street,
Cumming, GA 30040.
7.
Defendant SSC Equity Holdings MT LLC is a foreign limited liability company with its
principal place of business at One Ravina Drive, Suite 1500, Atlanta, Georgia 30346. Said
Defendant is subject to the jurisdiction of this Court and may be served by serving its
registered agent for service, CT Corporation System, 289 S. Culver Street, Lawrenceville,
Georgia 30046.
8.
Defendant Georgia GL Holdco, LLC is foreign limited liability company with its
registered agent for service being The Corporation Trust Company, Corporation Trust
Center 1209 Orange Street, Wilmington, Delaware 19801. Said Defendant is subject to
9.
Defendants own, operate, manage, and/or control nursing homes throughout the
United States including, but not limited to, Windermere Health and Rehabilitation Center
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located at 3618 J. Dewey Gray Circle, Augusta, Richmond County, Georgia 30909.
Defendants have regular and continuous business in Richmond County. Defendants were,
providing accommodations and care, for a period of more than twenty-four hours, for four
or more persons who are ill or otherwise incapacitated and in need of extensive, ongoing
nursing care due to physical or mental impairment or which provides services for the
County.
10.
whose negligent acts and omissions caused or contributed to Jean Simmons’s injuries and
death. The John Doe 1-20 Defendants are the presently unknown individuals and entities
whose negligent acts or omissions caused or contributed to Jean Simmons’s injuries and
11.
FACTUAL SUMMARY
12.
Since at least October 2018, Defendants held Windermere Health and Rehabilitation
out to the public and to Jean Simmons and her family to be qualified and competent to
provide skilled nursing, rehabilitative and custodial care for the aged and infirmed.
Specifically, Defendants held Windermere Health and Rehabilitation out as having the
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ability to accept and properly care for patients like Jean Simmons.
13.
Defendants charged and were paid for services rendered to Jean Simmons, including
14.
dangerously low numbers of direct care givers and by increasing the occupancy rate of
Windermere Health and Rehabilitation even though the needs of its residents, including
15.
Rehabilitation on or about October 23, 2018 to be treated and cared for in exchange for
16.
Defendants had a duty to provide Jean Simmons with the care, treatment and services
that were appropriate, adequate and in compliance with pertinent state and federal
17.
On and after her admission to Windermere Health and Rehabilitation, Jean Simmons
was dependent on the staff employed by Defendants for her basic needs, treatment and
care.
18.
Defendants represented to Jean Simmons and her family that they were competent to
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provide Jean Simmons with the necessary custodial services, treatment and care and
would in fact provide such services to her while she was a resident at Windermere Health
and Rehabilitation.
19.
In order to provide appropriate care and treatment for Jean Simmons, Defendants
had a duty to determine the appropriate staffing levels and expenditures at Windermere
Health and Rehabilitation, including the duty to determine the appropriate census mix
that would establish Windermere Health and Rehabilitation’s ability to meet the needs of
20.
Defendants made budgetary and administrative decisions that adversely affected the
ability of Windermere Health and Rehabilitation to provide safe, adequate, and essential
21.
Since 2018, Defendants have not complied with all applicable federal program
22.
resources necessary to meet residents’ needs created the conditions leading to the acts
23.
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multiple injuries, including, but not limited to:
(e) Death.
24.
On June 25, 2019, Mrs. Simmons was transported by ambulance from Windermere
employees travelled with her. On the transport back to Windermere Health and
Rehabilitation, the ambulance EMTs noticed Mrs. Simmons’s oxygen levels drop and her
breathing become rapid. The EMTs then transported to Doctors Hospital Emergency
Department. Rather than remaining with Mrs. Simmons, Defendants’ employees left
Doctors Hospital and callously told Doctors Hospital personnel to call if they needed any
information.
25.
Upon arrival to the Emergency Department, the nursing staff was shocked at the
horrible condition of Mrs. Simmons’ foley catheter. Urine in the foley bag was thick,
cloudy, and dark brown, and the foley tubing was moldy with thick dark brown sediment
stuck to the tubing wall. The nurses document that the Foley catheter appeared extremely
old and the catheter tubing was dark brown with dirty appearance.
26.
Mrs. Simmons was admitted to Doctor’s Hospital to treat her severe infection, but she
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27.
The Richmond County Coroner determined that her death was a result of the
infected foley catheter which caused a severe urinary tract infection and kidney infection.
The Coroner determined that the death was a “Homicide” as a result of neglect at
28.
29.
Defendant and its employees and/or agents owed a duty to Mrs. Simmons to
comply with the standard of care applicable to nurses at a skilled nursing facility generally
under similar conditions and like surroundings and circumstances as those presented by
Mrs. Simmons. Specifically, Defendants, their employees and/or agents violated the
Rehabilitation Center to monitor, manage, treat and care for Mrs. Simmons;
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e. Failed to ensure that all programs and policies & procedures were
implemented and followed, to comply with all state and federal rules and
regulations;
i. Perform catheter cleaning, care and monitoring per the care plan and
and the collection system and timely recognize the need to change the catheter;
catheter collection system and/or the output of the foley catheter, provide
adequate and appropriate care and/or properly and timely notify, seek and/or
30.
the standard of care, Mrs. Simmons unnecessarily experienced pain, suffering, fright,
anguish, and lost quality of life. Mrs. Simmons also incurred medical expenses, and
31.
Plaintiffs Sylvia Martin and Ricky Chavous are entitled to recover for the pain and
suffering, medical expenses, and funeral and burial expenses of Jean Simmons.
32.
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33.
Plaintiff Johnnie Lamar Simmons, Jr. is entitled to recover damages from these
Defendants for the full value of the life of Jean Simmons, as set forth in O.C.G.A. § 51-4-
2.
34.
O’Neill DNP, RN, CRNP, NHA in full compliance with O.C.G.A. §9-11-9.1 and O.C.G.A.
§24-7-702.
35.
36.
Georgia law requires that each resident in a long-term care facility receive care,
treatment, and services that are adequate and appropriate. It further requires that such
care be provided with reasonable skill, in compliance with applicable laws and
regulations, and with respects for the resident’s personal dignity and privacy.
37.
As shown herein, Defendant violated Mrs. Simmons’s rights under O.C.G.A. §31-
8-109 and the rules of the Department of Community Health chapters 111-8-50 through
111-8-50-1.6.
38.
10
As shown herein, Defendant failed to fulfill the requirements and provisions
protected under the “Bill of Rights for Residents of Long-Term Care Facilities” codified at
O.C.G.A. § 31-8-100, et seq. Said violations proximately caused Mrs. Simmons’s injuries
39.
Plaintiffs Sylvia Martin and Ricky Chavous are entitled to recover from Defendants
for Mrs. Simmons’s physical and mental pain and suffering, medical expenses, and
40.
Defendants for the full value of the life of Jean Simmons., as set forth in O.C.G.A. § 51-4-
2.
41.
42.
in the Medicare and Medicaid programs. Accordingly, it and its employees and/or agents
are subject to the rules and regulations concerning nursing home participation in the
43.
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OBRA and regulations set forth thereunder were enacted to protect the rights of
nursing home residents in facilities that receive Medicare and Medicaid funding. As a
resident of Windermere Health and Rehabilitation, Mrs. Simmons was a member of the
class that OBRA and its regulations were intended to protect. The harm complained of
herein was precisely the harm that OBRA and its regulations were intended to guard
against. Defendants violated the various provisions of OBRA, constituting negligence per
se, as follows:
a. 42 C.F.R. §483.10, which requires that the facility promote care for
b. 42 C.F.R. §483.24, which requires that each resident must receive, and the
facility must provide, the necessary care and services to attain or maintain the
44.
12
Defendants violated various provisions of the rules and regulations of the Georgia
Georgia, which rules and regulations were enacted to protect the rights of residents like
Mrs. Simmons in nursing homes licensed by the State of Georgia. Defendants’ violations
of the State regulations constitute negligence per se. These violations include but are not
limited to:
a. Section 111-8-56-04, which requires that the nursing staff at a nursing home
shall be employed for nursing duties only and that all nursing care and related
services shall be carried out in accordance with the facility’s patient-care policies.
b. Section 111-8-50-07, which requires that the facility ensure that each
resident must receive care, treatment, and services which are adequate and
each resident’s treatment plan. Such care, treatment, and services must be
provided with reasonable care and skill in compliance with all applicable laws and
regulations and with the goal of the resident’s return home or to a less restrictive
environment; and
medical record on each patient, and contains sufficient information to validate the
45.
As a direct and proximate result of Defendants’ negligence per se, Jean Simmons
endured physical and mental pain and suffering, medical expenses, and funeral and burial
46.
13
As a direct and proximate result of Defendants’ negligence per se, Jean Simmons
died on June 26, 2019. Plaintiff Johnnie Lamar Simmons’s Jr. is entitled to recover
damages from these Defendants for the full value of the life of Jean Simmons, as set forth
in O.C.G.A. § 51-4-2.
47.
48.
intentional conduct, willful and wanton misconduct, oppression, malice, and a conscious
indifference to the consequences, including the safety, health and welfare of Jean
Simmons.
49.
50.
Defendants acted and/or failed to act with the specific intent to cause harm to Jean
punitive damages.
51.
Punitive damages should be awarded to Plaintiffs Sylvia Martin and Ricky Chavous
and against Defendants in order to penalize, punish and deter Defendants from engaging
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52.
53.
Defendants have acted in bad faith, been stubbornly litigious, and have caused
Plaintiffs unnecessary trouble and expense. As a result, Plaintiffs are entitled to recover
trial.
A. That process issue and a copy of this Complaint and Summons be served upon
in excess of $10,000.00.
D. That Plaintiffs Sylvia Martin and Ricky Chavous have judgment against
E. That Plaintiffs recover the reasonable expenses of the litigation including, but
G. That Plaintiffs have such other and further relief as deemed necessary under
the circumstances.
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Nicholson Revell LLP
Gateway Professional Center
4137 Columbia Road
Augusta, Georgia 30907
(706) 722-8784 Phone
16
KATHLEEN A. HILL-O’NEILL DNP, RN, CRNP, NHA
7 Valley View Drive
Upper Makefield, PA 18940
sklgc@aol.com
(215) 715-1611
EDUCATION:
The University of Arizona, Tuscon, Arizona
Doctor of Nursing Practice, May, 2017
DNP-generate & disseminate nursing practice knowledge,
stimulate research & improve clinical outcomes,
improve health outcomes via scientifically-based advanced practice
CERTIFICATIONS:
Certification as a Nursing Home Administrator by the Bureau of Professional and
Occupational Affairs, June 1996, June 30, 2018
Certified BLS/CPR: 8/6/12, Instructor July 1995 –2002, BLS/CPR: June 2015-2017
PROFESSIONAL EXPERIENCE:
EXHIBIT A
Assistant Instructor Advanced Geriatric Pharmacology
The course is a population focused course designed to provide students with
advanced practice knowledge in pharmacology needed to address the complex
pharmacological needs and issues of the geriatric population.
Interim Director of Nursing (10/96 - 1/97) Responsible for overseeing care of 120
nursing home residents and staffing/supervision of 100+ nursing employees, hired new
DON, ADON, CNAs and LPNs.
PUBLICATIONS:
Contributor to Advanced Practice Nursing with Older Adults: Clinical Guidelines,
chapter on Dizziness and Stroke, published by McGraw-Hill, New York, New York,
2002
Contributor to Rapid Assessment, chapter on Assessment of the Head and Neck,
published by Springhouse Corporation, Springhouse, PA, 1991
AWARDS
The Honor Society of Nursing, Sigma Theta Tau International- Inducted 4/30/17
Beta Mu Chapter
Reis Endowed Scholarship Award for Academic Success & Potential, 2017
Mary Opal Wolanin Award: Doctoral Candidate Whose DNP Project Demonstrated
Relevance Regarding Care of the Elderly, University of Arizona April, 2017
The Rose J. Levy Geriatric Nursing Award for Conducting Relevant Research in
Geriatric Nursing, University of Arizona March, 2017