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Date: 08-16-2017

Case Style:

Betty Schultz, et al. v. Rainbow Health Care Center, et al.

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Case Number: cf-2017-00023

Judge: Joe Sam Vassar

Court: District Court, Creek County, Oklahoma

Plaintiff's Attorney: Ken Ray Underwood

Defendant's Attorney: Sheila G. Wilson and Mitzy G. Fryer

Description: Bristow, OK - Betty Schultz, personal representative of Dotothy Jean Earnhart, deceased, sued Rainbow Health Care Centern on a negligence wrongful death theory.

Plaintiff's Petition alleged the following:


COMES NOW the Plaintiff, Betty Schultz, individually and as Personal Representative of the Estate of Dorothy J. Earnhart and for her claims against the Defendants, states as follows:
I.

The Plaintiff, Betty Schultz is a resident of Bristow, Creek County, Oklahoma and was appointed Personal Representative of the Estate of her mother, Dorothy Jean Earnhart in Case No. B-PB-2016-28.
II.

The Defendant, Rainbow Health Care, LLC is an Oklahoma limited partnership that owns and operates Rainbow Health Care Community, a residential and rehabilitation facility in Bristow, Creek County, Oklahoma.
III.

On June 29, 2016, Dorothy J. Earnhart was admitted to Rainbow Health Care Community in Bristow, Oklahoma for rehabilitation care where she continued to stay until August 23, 2016


when she was transferred by ambulance to Hillcrest Medical Center in Tulsa, Oklahoma where she died on August 29, 2016 from complications of a head injury.
IV.

During the time that Dorothy J. Earnhart was a patient and resident of Rainbow Health Care Community, the Defendants had a duty to provide her with reasonable care in all respects in a manner consistent with State and Federal nursing home laws, regulations and consistent with the
acceptable standard of care for rehabilitation facilities and nursing homes.
v.
The Defendant, its employees, staff, contract providers, agents and apparent agents failed to provide reasonable care to Dorothy J. Earnhart and as a result of that failure and the negligence of the Defendant, Dorothy J. Earnhart suffered a catastrophic injury from a fall and other conditions, including, but not limited to malnutrition, bedsores and pressure ulcers which were the direct result of the Defendant's substandard care and neglect which ultimately resulted in the death

of Dorothy J. Earnhart.


VI.


On repeated occasions, the Defendant failed to exercise reasonable care for Dorothy J. Earnhart while she was a resident of the Defendant's facility and failed to follow and adhere to Federal and State laws, regulations and rules applicable to rehabilitation facilities and nursing homes, and those failures were the direct and proximate cause of the injuries, conditions, illnesses and diseases which resulted in the deterioration of Dorothy J. Earnhart's fall, her head injury, and her ultimate death and the Defendant's is negligent per seas a result of the violation of the Federal and State rules, regulations and laws applicable to its facility.


VII.

The Defendant, through its agents, employees, apparent agents and staff failed to properly monitor Dorothy J. Earnhart and failed to provide her reasonable care and assistance to prevent a fall which occurred on August 23, 2016 causing a catastrophic head injury which exhibited signs and symptoms of intercrania! pressure which the Defendant failed to adequately assess, evaluate, treat or intervene on behalf of Dorothy J. Earnhart by notifying her physician or by otherwise obtaining emergency neurological assessment and treatment in a timely manner allowing the intercranial pressure to increase from bleeding resulting in irreversible brain damage and death which could have been prevented v,,ith reasonable and appropriate emergency care.
VIII.

The Defendant is vicariously responsible for the negligent acts and omissions of its employees, staff, agents, apparent agents and ostensible agents for providing substandard care to Dorothy J. Earnhart and the Defendant is independently liable for its negligent failure to properly qualify, train, supervise and instruct its medical staff, nursing staff and other employees, agents, apparent agents and ostensible agents on the policies and procedures for the assessment, care, treatment and monitoring of its patients which ultimately caused or contributed to Dorothy J.

Earnhart's injuries and death.


IX.


As a result of the negligence of the Defendant, Dorothy J. Earnhart suffered tremendous pain, anguish and ultimately died from the substandard care and treatment she received at the Defendants' facility.

..




x.
As a result of the negligence of the Defendant and the ultimate death of Dorothy J. Earnhart, the Plaintiff and the survivors of Dorothy J. Earnhart suffered damages and losses which include mental pain, anxiety, grief, loss of the parent-child relationship, funeral bills, medical bills and other related damages as provided for by Oklahoma Law for personal injuries and \\Tongful death
all in an amount exceeding $75,000.

XI.

The Defendant and its employees, staff: agents and apparent agents engaged in conduct which could be considered reckless and wanton, reflecting a total disregard for the rights of Dorothy J. Earnhart and the Defendants knew or should have known that there was a substantial and unnecessary risk that the substandard care provided to Dorothy J. Earnhart would result in serious injury or death warranting an award of punitive damages in an amount exceeding $75,000.
XII.

As provided for by law, an Affidavit of Plaintiffs counsel is attached to this Petition reflecting that Plaintiffs counsel has consulted with a qualified expert who has reviewed the records relating to this claim and has provided a written opinion that this claim has merit and that a reasonable interpretation of the faets support a finding that the acts and omissions of the Defendant constitutes negligence.
WHEREFORE, the Plaintiff prays for judgment against the Defendant in an amount exceeding $75,000 in actual damages and an amount exceeding $75,000 for punitive damages. interest, costs, attorney fees and such further relief as the Court deems just and proper.

Outcome: Settled for an undisclosed sum in mediation.

Plaintiff's Experts:

Defendant's Experts:

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