Lawsuit filed against state assisted living center after patient's death

Michelle Keahey, East Texas Bureau Jul. 11, 2011, 11:00am

MARSHALL - The parents of a deceased mentally incapacitated adult have filed a wrongful death lawsuit accusing their daughter's caretakers of refusing to respond to requests for medical help.

Anita Jack and Adolf Jack, individually and as representativeS of the Estate of Sheena Jack, filed suit against Denton State Supported Living Center, formerly known as Denton State School, and the Texas Department of Aging and Disability Services on June 27 in the Eastern District of Texas, Marshall Division.

According to court records, Shenna Jack was a mentally incapacitated adult who was a resident of Denton State School Living Center from April 10, 2008, until her death on June 29, 2009. Her family states that the two days prior to her death, she had exhibited serious symptoms and complaints and had asked staff members to take her to a hospital.

The lawsuit alleges that Jack begged staff members to call emergency services or contact her father but they refused. She was found dead the morning of June 29, according to the suit.

The defendant is accused of negligence for violating their applicable standards of care and in breaching their legal duties.

The Texas Department of Aging and Disability Services is accused of negligence in the supervision, monitoring and enforcement of Denton State in its case of Medicare and/or Medicaid patients.

On behalf of their daughter, the parents are seeking damages for physical pain and mental anguish, medical expenses, burial and funeral expenses and interest.

The plaintiffs are represented by J. Mark Sudderth of Noteboom�The Law Firm in Hurst.

A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:11-cv-00395

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