Family sues assisted living facility over man's death

GALVESTON - Peter Murphy and James Joseph Murphy III claim Christopher Murphy died last year while under the care of Texas City Assisted Living Ltd., recent court documents say.

A lawsuit filed May 25 in Galveston County Court at Law No. 2 argues that the facility, doing business as Heartstone at Texas City, and one of its physicians failed to provide the decedent adequate care and treatment for his wounds and thus contributed to his death last September.

Dr. Folasade M. Ojo, Heartstone Management Inc. and IPH Health Care Services Inc. are also defendants in the case.

The original petition shows Christopher Murphy was admitted for residency requiring minimal assistance on May 8, 2010.

An apparent fall three weeks later caused him to be taken to nearby Mainland Medical Center for observation.

According to the suit, doctors diagnosed Christopher Murphy with "infected wounds to the buttocks, feet and legs" and "acute renal failure."

They reported to his family "that he did not have injuries related to a fall," it says.

Christopher Murphy died on Sept. 3, 2010.

The report from his subsequent autopsy revealed the cause of death to be sepsis from pseudo membranous colitis, severe sacral decubitus ulcer and urinary tract infection.

Consequently, the plaintiffs seek survival damages and a jury trial.

They are represented by attorney E.A. "Trey" Apffel III.

Galveston County Court at Law No. 2 Judge Barbara Roberts is presiding over the case.

Cause No. 65,349