The sister of a deceased Harris County man is suing the long term care facility where he resided, alleging its negligence led to his death.
Annie Gainshaw, on behalf of the Estate of David Vance, filed a complaint Sept. 4 against Paradigm Healthcare, LLC, doing business as Paradigm HC; and Northwest Nursing & Rehabilitation, LLC. The complaint was filed in the 270th District Court of Harris County, Texas.
The complaint says that from 2019 to Jan. 9, 2022, David Vance was a resident of Paradigm Healthcare Northwest in Houston, and that he suffered from dysphagia, Type 2 diabetes and generalized muscle weakness. The plaintiff says Paradigm knew of these co-mordities, and the plaintiff chose the defendants to be his caregivers because they said they were able, knowledgeable and sufficiently staffed to care for those conditions and could meet his needs.
On Jan. 9, 2022, the complaint says, Vance was admitted to HCA Houston Northwest Hospital and diagnosed with sepsis and aspiration pneumonia, as well as decubitus ulcers to his heels and sacrococcyx. The complaint says he was treated for dehydration and was found to have protein calorie malnutrition. He remained in the hospital, the complaint says, then was discharged to a different skilled nursing facility. He died May 21, 2023.
The complaint alleges the defendants “engaged in a systematic process of ensuring that their medical facility maintained the highest acuity levels possible while at the same time providing insufficient capitalization and staff to meet the individual needs of their residents during the time that David Vance was a resident in the facility.”
The complaint also alleges the undercapitalization and understaffing were “purposeful” and “directly resulted in the failure of their facility to provide the necessary and basic services needed” to prevent Vance’s injuries. The suit alleges the defendants failed to meet the applicable standards of care owed to Vance.
Gainshaw is asking the court of economic and non-economic damages for Vance’s past physical pain, mental anguish, disfigurement, physical impairment, and medical expenses. She also seeks interest, costs of court, and all other just relief.
The plaintiff is being represented by Curtis Clinesmith and Dawn M. Smith of Smith Clinesmith LLP in Dallas.