A Baytown, TX nursing home is being sued by a family that claims it neglected their loved one, causing his wrongful death.
Priscilla Escalante, Paulina Escalante and Robin Escalante, individually, on behalf of all wrongful death beneficiaries and as heirs at law and representatives of the estate of Armando Escalante, deceased, filed a complaint Aug. 25 in the 295th District Court of Harris County against Rollingbrook Rehabilitation
and Healthcare Center, its assumed or common name; Rollingbrook Rehab, LLC; and Momentum Skilled Services.
The complaint alleges Armado Escalante was a resident of Rollingbrook from July 21, 2022 to Oct. 5, 2022, and that the defendants violated the standard of care and neglected him. The complaint alleges this neglect caused a “deep and infected Stage IV left buttock/sacral pressure ulcer.”
According to the complaint, medical records from Sept. 27, 2022 describe the pressure ulcer as measuring 7.6 centimeters x 5.8 centimeters x 2.4 centimeters, with an undermining of 2.5 centimeters and exposed bone. The filing notes that “sacral decubitus ulcer” was given as the immediate cause of death on his death certificate.
The complaint says the Texas Department of Health and Human Services investigated Escalante’s care at Rollingbrook Rehab and cited the defendants for specific neglect, determining that their neglect caused Escalante “actual harm."
The plaintiffs allege the defendants committed negligence; violation of resident rights; and gross negligence and malice.
The suit says the defendants’ conduct “was the natural and predictable result of the decisions made at the higher levels of the defendants’ corporate structure to maximize census with high acuity residents, understaff the facility and divert fiscal resources from the facility to corporate defendants in violation of the law.” The complaint alleges the corporate defendants’ policies and financial decisions caused “repeated dangerous staffing levels and a lack of supervision,” “patient population needs that grossly exceeded the capacity of the limited number of care givers on duty,” and “ongoing neglect of Escalante and other similarly situated residents."
The plaintiffs seek damages for Escalante’s endured pain, torment, destruction of dignity, mental anguish, physical impairment, loss of enjoyment of life, and reasonable medical expenses. The suit also seeks damages for his family for past and future grief, bereavement, torment and mental anguish.
The plaintiffs are seeking economic and non-economic damages, exemplary damages, interest, attorney’s fees, court costs, and all other just relief.
The plaintiffs are represented by Jason N. Young of Marks Balette Giessel & Young, P.L.L.C. of Houston.