Nursing home substitutes counsel in wrongful death case

A nursing home accused of being "too busy" to help a suffocating patient has substituted its counsel.

As previously reported, Patsy Bushnell, on behalf of the late Pearl Green, filed suit against the Senior Rehabilitation and Skilled Nursing Center on Sept. 29, 2010, in Jefferson County District Court.

Court records show that on Oct. 18 Judge Bob Wortham, 58th District Court, signed an order granting the nursing center's motion to substitute attorney Paul Romano for Victoria attorney Paul Swacina.

The suit states that Green was admitted to the nursing center on June 20, 2008, with respiratory failure and pneumonia. A tracheostomy tube was in place to help her breathe.

Apparently, a nurse noticed she was having trouble breathing and that her trach tube needed to be suctioned. The nurse notified resident nurse Sherry Cole who allegedly told her she "was too busy," court papers say.

"Green became unresponsive a short time later and was rushed to Southeast Texas Medical Center where she arrived in full cardiopulmonary arrest," the suit states.
"Although Green was resuscitated, she had developed ... brain damage due to lack of oxygen. As a result, the decision was made to withdraw life support and on July 27, 2008, Green died."

Bushnell is suing for wrongful death damages and her mental anguish.

Houston attorney Craig Lewis represents her.

Case No. A188-464