A shocking case of alleged medical negligence has surfaced involving a nursing home and an assisted living facility, leading to the tragic death of an elderly resident. On July 8, 2024, Stanley B. Rice III filed a complaint in Harris County District Court against Wharton Nursing & Rehabilitation LLC, Paradigm Healthcare LLC, and OSA Heritage Homes Inc., alleging severe neglect and abuse that resulted in the death of James E. Ponder.
According to the complaint, James E. Ponder was admitted to Paradigm at the Creek nursing home on March 5, 2022, due to his progressing dementia and lack of mobility. Despite being a high fall risk requiring close supervision, the facility's staff allegedly failed to monitor him adequately. On July 21, 2022, Ponder was reportedly assaulted by a staff member who pushed him off his bed, resulting in a fractured hip that necessitated partial hip replacement surgery. After being discharged back to Paradigm at the Creek, Ponder developed a pressure ulcer on his coccyx within days due to continued neglect.
Ponder was later transferred to OSA Heritage Homes for further care on August 2, 2022. However, the plaintiff alleges that this facility also failed to provide necessary wound care or preventative measures. As a result, Ponder's pressure ulcer worsened into a severe stage-4 wound covering much of his lower back and buttocks. In November 2022, he was rushed to Memorial Hermann Hospital with a severely infected stage-4 sacral pressure ulcer but was discharged back to OSA Heritage Homes after stabilization. His condition continued to deteriorate until he passed away on December 2, 2022.
The lawsuit claims that both facilities were severely understaffed and lacked properly trained personnel capable of providing adequate care for residents like Ponder. The plaintiff accuses Wharton Nursing & Rehabilitation LLC and Paradigm Healthcare LLC of failing to implement necessary fall prevention measures and adequately monitor Ponder’s skin condition and nutritional intake. Similarly, OSA Heritage Homes is accused of failing to treat Ponder’s existing wounds or prevent new ones from developing.
Stanley B. Rice III seeks over $1 million in damages for medical negligence resulting in pain and suffering, mental anguish, physical disfigurement and impairment endured by James E. Ponder before his death. The lawsuit also demands compensation for past medical expenses incurred during Ponder’s treatment and funeral expenses.
Representing Stanley B. Rice III are attorneys Patrick W. Powers and Wesley D. Scarborough from Powers Taylor LLP based in Dallas, Texas. The case is presided over by Judge Christopher Mathews under Case ID: 2024-42928 in the Harris County District Court.