Suit against Clairmont Skilled Nursing to federal court

A suit claiming a nursing home contributed to a woman’s death when it failed to properly care for her following a tracheotomy has been transferred to federal court.

As previously reported, Robbine Alexander, Shannon Alexander, Lloyd Alexander III and Lloyd Alexander IV filed a lawsuit Feb. 12 in Jefferson County District Court against Clairmont Beaumont, doing business as Clairmont Skilled Nursing and Rehabilitation Center.

Court records show on March 11 a notice of filing removal was filed, stating that the action was now in the U.S. District Court for the Eastern District of Texas, Beaumont Division.

According to the original complaint, the plaintiffs claim their mother had been living at Clairmont since Feb. 14, 2011, for additional rehabilitation following respiratory failure. On July 25, 2011, Florence Alexander’s tracheotomy tube was changed and she returned to Clairmont for additional care.

However, the suit alleges that because of Clairmont employees’ negligence in caring for the tracheotomy tube, Florence Alexander suffered from a mucus plug, which led to respiratory arrest, followed by cardiac arrest. In turn, Florence Alexander suffered from anoxic encephalopathy, which is brain damage caused by a lack of oxygen to her brain, the complaint says.

On Sept. 3, 2011, Florence Alexander died, the plaintiffs claim.

Due to their mother’s death, the plaintiffs lost her companionship and society, experienced mental anguish and lost her care, maintenance, support, services, advice, counsel and inheritance, according to the complaint.

The plaintiffs blame Clairmont Beaumont for causing their mother’s death, saying the nursing home negligently failed to hire and train appropriate personnel, failed to provide a competent management team and failed to change or clean Florence Alexander’s inner cannula on a daily basis.

The plaintiffs seek compensatory damages, plus costs, pre- and post-judgment interest at the legal rate and other relief the court deems just.

John Werner of Reaud, Morgan & Quinn in Beaumont represents them.

Case No. A193-931