Nursing Home Battery Lawsuit Filed In Cook County

Lexington Health Care Center and Vonda Messino, a resident of the facility have been named as defendants in a wrongful death lawsuit in Cook County, Illinois.  Patricia Gioa, daughter of Mary Ann Flynn, deceased, claims Flynn was attacked on November 24, 2006 by a nursing home resident with violent tendencies which contributed to her death.

Nursing Home Battery LawsuitFlynn was admitted to Lexington Health Care Center in 2006 for care relating to dementia, chronic obstructive pulmonary disorder and hypertension.  Prior to the November, 2006 incident Flynn had been attacked by Messino in the presence of nursing home staff.  The lawsuit claims that the previous attacks should have put the staff on notice of Messino’s violent propensities and the staff should have taken preventative measures to assure similar acts did not take place again.

Flynn suffered multiple bruises and suffered a stroke following the attack. The suit claims the attack caused or contributed to her death.  The four count alleges the following:

  • The nursing home staff failed to protect the decent from abuse and neglect
  • The nursing home staff failed to comply with professional standards
  • The nursing home staff failed to failed to timely inform Flynn’s family that she had been attacked by another resident
  • Nursing home failed to maintain records
  • Nursing home failed to provide adequate care for Flynn
  • Nursing home failed to notify Flynn’s family of changes in her condition
  • The nursing home failed to adequately train nurses to protect residents from violence from other residents

This Chicago nursing home lawsuit seeks more than $250,000 in damages.  Read more about this Cook County nursing home abuse lawsuit here.

Lexington operates 21 nursing homes in the Chicago-land area.  Lexington nursing homes operated under the the names: Lexington Health Care Centers, Lexington Retirement Centers and Merit Home Health Care.  If the allegations in the complaint prove to be true, the nursing home company should be held fully responsible for allowing abuse among residents.  One of the most important preventative measures a nursing home should have in place for the care of dementia and Alzheimer’s patients is to keep them segregated from the general nursing home population to assure their safety.

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Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric