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Date: 08-10-2019
Case Style:
Brian Ipock v. Manor Care of Tulsa, OK, LLC
Case Number: 4:17-cv-00106-CVE-JFJ
Judge: Clair V. Eagan
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney: Richard Andrew Shallcross
Defendant's Attorney: Jack Jones, III and Jennifer Fsith Sherril
Description:
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Tulsa, OK - Brian Ipock, individually and as Special Administrator of the Estate of Janice Maybeth Ipock, deceased, sued Manor Care of Tulsa, OK, LLC d/b/a Manor Care Health Services - Tulsa on a medical malpractice theory.
1. Plaintiff Brian Ipock is the court appointed Special Administrator of the estate of his late mother, Janice Maybeth Ipock ("Mrs. Ipock").
2. Defendant Manor Care of Tulsa OK, L.L.C. d/b/a Manorcare Health Services -
Tulsa ("Manorcare") is a Tulsa nursing home whereat Mrs. Ipock was a resident in December
2014 and January and February 2015.
3. Mrs. Ipock died on February 10, 2015.
4. The defendant Manorcare was negligent and/or reckless in its care and treatment
of Mrs. Ipock, which recklessness and/or negligence caused Mrs. Ipock personal injury and co
death.
5. The Oklahoma State Department of Health conducted an investigation of Manorcare's care and treatment of Mrs. Ipock, and found that: 1) Manorcare "neglected to assess, monitor, and intervene" to provide the necessary level of care to Mrs. Ipock; 2)
Manorcare "failed to provide therapeutic diets and accommodate the resident's dietary needs;" and 3) Manorcare "failed to ensure residents received medications and treatment as ordered by physicians."
6. A copy of the "Investigative Report" of the Oklahoma State Department of Health is affixed to this Petition at exhibit "A" (all references therein to "Resident No. l" are to Mrs. Ipock), and Plaintiff alleges that the allegations set forth therein are true, and Plaintiff alleges that the findings of neglect set forth therein are true.
Plaintifr s First Cause of Action:
Personal Injury caused by Defendant's Negligence and/or Recklessness
7. Plaintiff re-alleges and incorporates herein the allegations set forth in ,r,r 1 through 6 above.
8. Mrs. Ipock has suffered pam, injury, and medical expenses caused by Manorcare's reckless and/or negligent care and treatment, as such care and treatment is described in the attached Investigative Report of the Oklahoma Department of Health. Plaintiffs damages exceed $75,000 in amount.
Wherefore, Plaintiff requests a verdict and judgment against Manorcare in the amount of all personal injury damages that were proven at trial to have been suffered by Mrs. Ipock as a result of Manorcare's reckless and/or negligent conduct. Plaintiff also requests an award of exemplary damages to punish Manorcare for its reckless care and treatment of Mrs. Ipock. Plaintiff also requests an award of interest, and his costs.
Plaintifrs Second Cause of Action: Wrongful Death caused by Defendant's Negligence
9. Plaintiff re-alleges and incorporates herein the allegations set forth in the ,r,r 1
through 6 above.
Manorcare "failed to provide therapeutic diets and accommodate the resident's dietary needs;" and 3) Manorcare "failed to ensure residents received medications and treatment as ordered by physicians."
10. Mrs. Ipock died as a result of Manorcare's reckless and/or negligent care and treatment, as such negligence and recklessness is described in the attached Investigative Report of The Oklahoma Department of Health. Mrs. !pock's wrongful death has caused grief to her husband and children; loss of society, services, companionship, and marriage relationship to her husband; loss of companionship to her children; pain and suffering to Mrs. Ipock and her family; and medical and burial expenses. Plaintiffs damages exceed $75,000 in amount.
Outcome: 04/29/2019 21 Second JOINT STATUS REPORT by Brian Ipock (Shallcross, Richard) (Entered: 04/29/2019)
04/29/2019 22 ORDER by Judge Claire V Eagan that, pursuant to LCvR 41.1, that the Court Clerk is directed to administratively close this case pending either an order of the Court reopening the action, or until this case is dismissed with prejudice by stipulation of the parties. The parties shall file an updated joint status report no later than August 1, 2019, and every three months thereafter, until completion of arbitration or until the parties file their fully-executed joint stipulation of dismissal., striking/terminating deadline(s)/Hearing(s), setting/resetting deadline(s)/hearing(s): ( Status Report due by 8/1/2019), administratively closing the case (terminates case) (Re: 21 Joint Status Report per Local Rule 16.1 ) (RGG, Chambers) (Entered: 04/29/2019)
04/29/2019 ***Civil Case Terminated (see document number 22 ) (sac-qc, Dpty Clk) (Entered: 04/30/2019)
08/02/2019 23 MINUTE ORDER by Judge Claire V Eagan - The parties are advised that they have failed to meet the 8/1/19 deadline for filing of updated status report in this matter. Parties are directed to file said joint status report forthwith. (Re: 22 Order,,,, Striking/Terminating Deadline(s)/Hearing(s),,,, Setting/Resetting Deadline(s)/Hearing(s),,,, Administratively Closing Case,,,,,,, ) (This entry is the Official Order of the Court. No document is attached.) (RGG, Chambers) (Entered: 08/02/2019)
08/02/2019 24 JOINT STATUS REPORT by Manor Care of Tulsa OK, LLC (Jones, Jake) (Entered: 08/02/2019)
Plaintiff's Experts:
Defendant's Experts:
Comments: