Nursing home cleared of negligence in wrongful death case

Jurors found no negligence on the part of a nursing home accused of being “too busy” to help a suffocating patient.

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.

The trial began Oct. 16 in Judge Bob Wortham’s 58th District Court and ended six days later.

According to the charge of the court, filed Oct. 22, jurors found no negligence of the part of Senior Rehabilitation and Skilled Nursing.

The plaintiffs were awarded no damages for their alleged mental anguish, loss of companionship or funeral expenses.

The original 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.”

Houston attorney Craig Lewis represents the plaintiff.

Victoria attorney Paul Swacina represents the defendant.

Case No. A188-464