Lawsuit claims fatal negligence at Brunswick senior home

A nursing home facility in southern Brunswick County is facing a medical malpractice lawsuit following the death of a former patient.

Gaston County resident Frank Phelps III has filed a medical malpractice suit against Brunswick Health & Rehab, LLC, for the “wrongful death” of his mother, Anne Phelps.

Brunswick Health & Rehab is a nursing home in Ash that offers senior rehabilitation, long-term care and 24-hour skilled nursing, according to its website. The 100-bed facility also offers short-term care, occupational therapy, speech therapy, physical therapy, hospice and respite care. As stated on its website, Brunswick Health & Rehab also holds an award from the American Health Care Association as part of the 2020 Quality Initiative Recognition Program.

Attorney Anna Kalarites, representing Phelps, filed a complaint to Brunswick County Superior Court on June 8. The complaint lays out accusations, financial compensation request and the timeline of events.

Autumn Corporation is also a defendant as it is the parent company listed in the nursing license renewal application for the facility, Kalarites explained. Though both defendants are owned by Saber Healthcare Group, Kalarites said they chose to sue the companies listed on the state license application with direct ties to the nursing facility.

Anne Phelps moved into the facility in 2019 at the age of 76 after experiencing a stroke. Some of her medical history included hypertension, type 2 diabetes, obesity, coronary artery disease, diastolic heart failure, hyperlipidemia, anemia, vertigo, urinary tract infections and depression.

It was not until May 2024 when Anne Phelps’ care took a turn.

Anne Phelps’ last few months

On May 8, 2024, Anne Phelps was seen by a care provider for a blister on her right finger that formed from a blood glucose stick. Phelps told the provider the day before that puss had come from the finger. The nurse recommended daily bacitracin ointment and clean dry dressing.

Anne Phelps’ daughter on May 10, 2024, requested a urinalysis be done because her mother was “acting crazy,” as stated in the complaint. A licensed practical nurse denied there were any changes, stating her mother did not have pain during urination. However, a urinalysis was ordered, and a care plan was crafted to assess and document her intake and output, per facility policy, assess/document for sign/symptoms of a urinary tract infection, encourage fluids during the day, provide incontinence care and more.

Several care plans were created for Anne Phelps on May 13. The plans addressed dietary intake and dehydration, as well as fall risks. Anne Phelps was to have someone assist her and follow up.

One of the care plans noted “resident has self-care deficit,” further stating Anne Phelps was not always compliant with asking for assistance and that she would get out of bed independently despite being told to call for assistance.

Though the care plans were created, the complaint states the registered nurse did not check the plans to be “chartable task(s)” or “care needs sign-off(s)” in Phelps’ “POC,” (point of care), nor were the plans marked to be included on the patient’s profile.

The plaintiff claims Anne Phelps used the bathroom independently, functioned and transferred from the bed to the wheelchair without help for more than 30 days between May 13, 2024, and July 9, 2024, despite her care plan requiring assistance.

A “rash/petechiae/bruising” formed under the fold of her skin on her lower left abdomen toward the end of May, according to the complaint. A wound care nurse on June 7, 2024, allegedly reported a steroid cream helped last time she had it, but no care provider was notified.

“We don’t think anybody was actually checking to make sure that those things were being done,” Kalarites said. “They weren’t actually following through with what the care plan said that they should be doing.”

Phelps also complained of staff refusing to help. On June 18, Phelps was referred to behavioral health for mood concerns, which she supposedly refused.

On July 5, Phelps was unable to independently get out of bed due to constant pain from her right shoulder. The next day, she allegedly bit a licensed practical nurse after she “gave up” on transitioning from a bed to a wheelchair with assistance and “put herself on her knees,” according to resident progress notes.

The licensed practical nurse did not complete and sign the John Hopkins Fall Risk until July 8, two days after the incident. That same day she updated Phelps’ care plan to require two people assistance and a hoyer lift. Again, the items were unchecked.

Brunswick Health & Rehab Administrator John Ehle declined to comment.

Saber Healthcare Group has not returned the StarNews’ request for comment as of June 17.

Cause of death

On July 9, 2024, Anne Phelps was taken to Novant Health Brunswick Medical Center due to increasing shoulder pain that stretched to her stomach.

She was lethargic and smelled strongly of urine, according to a doctor’s report. Her mental status deteriorated rapidly.

Novant doctors diagnosed Anne Phelps with sepsis and a urinary tract infection. She was also dehydrated and hypertensive with fluid buildup in the lungs. Her blood results were at abnormal levels, showing signs of multiple health problems, including infection, heart muscle damage and kidney issues, the complaint states.

On July 11, Anne Phelps died. Her cause of death was “Sepsis Methicillin resistant Staphylococcus aureus due to Acute cystitis Methicillin resistant Staphylococci.”

Experts will have to determine if her cause of death was a result of the infection found in May 2024, Kalarites said.

Plaintiff blames medical negligence

Phelps’ family is suing for medical negligence, stating the facility failed to use best judgement in treatment and reasonable care. The complaint alleges the company also failed to allocate sufficient funds for adequate staffing to provide quality care and supervision to its residents, leading to negligence and suffering.

Not properly assessing Anne Phelps and failing to address her physical condition caused her to suffer, the complaint states.

Asked why the family waited nearly two years to file the case, Kalarites said the family needed time to gather and sort information before filing.

Other than the claim for relief exceeding $25,000 for each company, no set monetary amount has been demanded, Kalarites said.

Next steps include serving the complaint and waiting for the defendants’ answer, Kalarites said.

Arbitration agreement could change the case’s procedure

An arbitration agreement can result in the case moving from a jury trial in superior court to a panel decision in a private dispute resolution.

Patients who move into a skilled nursing facility often sign admission paperwork that includes a binding arbitration agreement, Kalarites said. If the patient believes there was negligence at the facility, the agreement keeps the case confidential and out of the public.

A panel of one to three people would be chosen and the results would be confidential, said Kalarites, noting they are waiting to hear if Anne Phelps signed an arbitration agreement.

“They would prefer it to be in the public, to let everyone know what happened here,” Kalarites said.

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Savanna Tenenoff covers Brunswick County for the StarNews. Reach her at [email protected].

This article originally appeared on Wilmington StarNews: Lawsuit claims fatal negligence at Brunswick senior home

Reporting by Savanna Tenenoff, Wilmington StarNews / Wilmington StarNews

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