The Parkridge Specialty Care nursing home in Pleasant Hill is facing a wrongful-death lawsuit filed by the family of Kerry Morris, inset. (Main photo via Google Earth; inset photo courtesy the family of Kerry Morris)
A Pleasant Hills nursing home that has been repeatedly cited for insufficient staffing is now facing a second wrongful-death lawsuit.
The family of Kerry Morris of Madrid, who died in 2022 at the age of 58, just five days after his admission to the Parkridge Specialty Care nursing home, is suing the home, two of its staff members, and the home’s corporate parent, Care Initiatives. The lawsuit seeks unspecified damages for wrongful death, medical malpractice and negligent employee hiring, retention and supervision.
In addition to dozens of other violations, the Parkridge facility was cited for insufficient staffing in October 2021, January 2022, August 2022, September 2023 and February 2024.
The Morris family alleges that Kerry Morris died during a temporary admission that was intended to offer rehabilitation services in the aftermath of a leg amputation.
The lawsuit, filed in in Polk County District Court, alleges Morris was admitted to the home on Aug. 19, 2022, and that just four days later, on the evening of Aug. 23, he experienced difficulty breathing.
A certified nursing assistant, John Mandela, who was with Kerry at the time, allegedly grew concerned when he noticed Kerry was gasping for breath. Mandela reportedly left the room and sought assistance from registered nurse Patricia Egbuna, telling her Kerry was experiencing shortness of breath.
According to the lawsuit, Egbuna replied by saying she needed to finish her medication rounds and that Mandela should seek help from licensed practical nurse Charity Tucker or from another CNA.
Mandela then asked Tucker for help. Tucker allegedly told Mandela that she would assess Kerry’s condition once she was done tending to another resident.
During that time, the lawsuit claims, Kerry was left alone while in serious respiratory distress, then fell out of his bed and went into cardiac arrest.
Staff had to search for the crash cart
The lawsuit alleges Mandela found Kerry on the floor when he returned to the room. Tucker then responded to a page for assistance, and at which point Kerry had only shallow breaths and no detectable pulse. Tucker then began chest compressions and directed someone on staff to call 911, the lawsuit alleges.
After 30 compressions, Tucker stopped and left the room to search for a crash cart that had a defibrilliator and other medical equipment to be used in the event of a medical emergency. “Inexplicably,” the lawsuit alleges, “none of the CNAs who arrived at Kerry’s room to assist knew where to locate a crash cart in the event of emergency.”
With Tucker out of the room, Mandela reportedly attempted to perform chest compressions. However, the lawsuit alleges, his “incorrect, ineffective and dangerous technique was captured on video and leaves no question that Kerry Morris was not properly assisted or provided care within the standard of care. CNA Mandela attempted to do chest compressions with one hand from a standing position, while using his other hand to operate a telephone.”
Eventually, a Pleasant Hill police officer arrived and took over chest compressions, allegedly while Tucker was still searching for the crash cart. “Video evidence shows that there were at least six people who were not attempting to assist Kerry Morris and who were standing in the hallway,” the lawsuit claims. “Video evidence shows that members of Parkridge staff gave inconsistent responses regarding Kerry Morris’ downtime, and his condition prior to his cardiac arrest.”
Paramedics arrived at the home and, at 10:25 p.m., more than one hour after Kerry first showed signs of respiratory distress, they transferred him to Iowa Methodist Medical Center.
At the hospital, Morris died the next day “as a result of the substantial delay” at Parkridge in assessing his condition and providing treatment, the lawsuit claims.
Complaints substantiated, violations cited
According to state records, the Iowa Department of Inspections, Appeals and Licensing cited Parkridge for its alleged failure to provide appropriate medical care to Morris. In the year prior to Morris’ death, the home was investigated by DIAL no less than five times, “resulting in numerous state and federal citations,” the lawsuit claims.
State records show inspectors visited Parkridge on Aug. 11, 2022, just 13 days prior to Kerry’s death. While there, they substantiated eight complaints against the home.
The lawsuit seeks unspecified damages for Morris’ “extreme pain and suffering” and for the “grossly negligent medical care” provided by Parkridge.
In response to the lawsuit, Care Initiatives is seeking dismissal of the case, noting that Morris signed an admissions contract in which he agreed that any claims of negligent care would be settled through private arbitration rather than court litigation.
Even if Morris didn’t read the arbitration agreement, the company alleges, “it still would not automatically invalidate it. The Iowa Supreme Court has found that the failure to read an arbitration agreement before signing it will not invalidate the agreement to arbitrate.”
Morris’ family has argued that Parkridge’s own records suggest Morris had little time to review the document, alleging it was electronically signed by Morris just “11 seconds after the document was first opened for viewing.”
The family also argues the entire arbitration agreement is invalid because Morris died within the 30-day revocation period specified in the agreement. Care Initiatives counters that the “clear language of the arbitration agreement that Morris signed shows that it is immediately effective” once signed. “Just because the parties have the option to revoke it during the first 30 days doesn’t mean the document is ineffective during the first 30 days.”
In addition to Parkridge and Care Initiatives, Egbuna and Tucker are also named as defendants.
Morris lawsuit is one of two against Parkridge
The lawsuit filed by the Morris family is the second of two wrongful-death claims filed against Parkridge and Care Initiatives in recent months.
The other case was filed by the family of Neuang Boun Sisamouth who had been a resident of Parkridge for more than two years prior to her death in June 2022, at age 72.
The family alleges that around 8:45 a.m. on June 20, 2022, a certified nurse aide and a nurse each found that Sisamouth’s overall condition and vital signs had deteriorated. Her blood sugar, which was normally over 100, fell to a dangerously low level of 39, and her blood pressure had dropped, according to the lawsuit. In addition, she appeared to be wheezing and having trouble breathing, and her oxygen saturation had fallen to 89%, which was below the critical threshold of 90%.
Around 9 a.m., Sisamouth’s condition allegedly worsened and her eyes rolled back into her head. “Ms. Sisamouth’s condition was sufficiently dire that a lay person would have known to call 911,” the lawsuit states.
Around 10:43 a.m., the lawsuit claims, Advanced Registered Nurse Practitioner Chelsey Schreiber examined Sisamouth again and then left her to deteriorate for another six hours before EMS was contacted. During that time, the lawsuit alleges, Parkridge did not call 911 to assist Sisamouth, but did call 911 to report that the home’s administrator, Kelsey Anderson, had found a methamphetamine pipe in the building.
Shortly after 1 p.m., the staff contacted Sisamouth’s daughter and informed her of her mother’s condition. The daughter asked that the staff send her mother to the hospital immediately. Within a few minutes, the lawsuit alleges, Schreiber ordered Licensed Practical Nurse Dezaree Major to call 911 and have Sisamouth transported to the emergency room. However, the lawsuit claims, EMS wasn’t called for another 90 minutes, and the ambulance crew didn’t arrive at Parkridge until 3 p.m.
Sisamouth was taken to MercyOne Medical Center in Des Moines and was pronounced dead at 4:24 p.m. after resuscitation efforts failed.
The Iowa Department of Inspections and Appeals subsequently cited Parkridge for numerous violations, including a failure to seek emergency treatment in a timely manner. In its answer to the Sisamouth lawsuit, Care Initiatives has stated that the findings of state inspectors are not relevant or admissible in the case.
The lawsuit alleges the defendants are guilty of medical malpractice, elder abuse, and negligence.
Earlier this year, the Iowa Capital Dispatch reported that Care Initiatives, which says it does not comment on pending litigation, was facing at least 10 wrongful-death claims tied to the company’s Iowa care facilities.
In 2022, a wrongful death claim against Parkridge and Care Initiatives over the death of Josephine Moorman was dismissed with no indication of whether a settlement was reached.
Trial dates have yet to be scheduled in either the Sisamouth or the Morris case.