Date: 07-08-2014

Case Style: Lisa Sparks v. Walgreen Co.

Case Number: CJ-2011-1662

Judge: Tom A. Lucas

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: J.D. Loftis

Defendant's Attorney: Timothy S. Harmon and Ryan C. Harper

Description: Lisa Sparks v. Walgreen Co.

COMES NOW the Plaintiff, Lisa Sparks, Individually, and as Personal Representative of the Estate of Barbara Ewing, Deceased, and for her cause of action against Defendants, Noble Healthcare, LL.C., an Oklahoma Limited Liability Corporation; Southwest Health Care Management, Inc., an Oklahoma Corporation; and Walgreen Co., an lllinois Corporation, alleges and states as follows:
1. Plaintiff, Lisa Sparks, is the Personal Representative of the Estate of Barbara Ewing, Deceased, and is the proper person to bring this action pursuant to 12 OS. § 1051 et seq.
2. Defendants, Noble Health Care, L.L.C., (hereinafter referred to as “Noble”), and Southwest Health Care Management, Inc., (hereinafter referred to as “Southwest”), own and operate a nursing home, d/b/a Noble Health Care Center located in Noble, Oklahoma, wherein all acts and omissions by said Defendants’ agents, servants and employees occurred.
3. Defendant, Waigreen Co., is an Illinois Corporation, who at all times relevant herein, was doing business in the State of Oklahoma, Cleveland County.
4. Undersigned counsel has consulted an expert who has determined the claims herein to be meritorious. See Affidavit of Jim Loftis attached hereto as Exhibit “A.”
FIRST CAUSE OF ACTION - NEGLIGENCE
5. Barbara Ewing was a resident of Noble Health Care Center, a nursing home owned and/or operated by Defendants Noble and Southwest in Noble, Oklahoma. wherein all acts and omissions by said Defendants’ agents, servants and employees occurred.
6. On December 9, 2010, while a resident of Noble Healthcare Center, Barbara Ewing was admitted to Norman Regional Hospital for an outpatient urologic procedure.
7. After the procedure, Ms. Ewing was prescribed a prophylactic antibiotic to cover the surgical procedure, and was then returned to Noble Healthcare Center.
8. Ms. Ewing was returned to Noble Healthcare Center and the facility failed to obtain and institute the appropriate prophylactic antibiotic for the her and she became septic and later died as a result of the infection.
9. Noble Healthcare Center failed to follow correct procedure to insure that the antibiotic prescribed Ms. Ewing was obtained from the pharmacy and that the antibiotic was given to her as prescribed by her surgeon.
10. Defendant. Walgreen Co., failed to fill the prescription order written for Ms. Ewing, and faxed to it by Noble Healthcare Center, which prevented her from obtaining the appropriate antibiotics prescribed.
11. Defendants, Noble and Southwest, negligently failed to obtain timely and necessary medical care in violation of 63 OS. § 1-1918(F).
12. As a result of the Defendants’ negligence, Barbara Ewing suffered mental and physical pain and suffering as well as serious illness, eventually resulting in her death.
13. As a further result of the Defendants’ negligence, Plaintiff incurred medical and hospital expenses and funeral and burial expenses.
14. As a further result of the negligence of Defendants’ resulting in the death of Ms. Ewing, her daughter, the Plaintiff, as well as Ms. Ewing’s other surviving children, have suffered grief and ross of companionship for the rest of their lifetimes.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays for judgment against Defendants in an amount in excess of $75,000.00 in actual damages and for her attorneys fees, costs and such other and further relief as the Court deems just and proper.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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