LEXINGTON - Last summer, a 95-year-old woman was admitted to embattled Winchester Centre for Health and Rehabilitation for therapy for a broken femur. Just three months into her stay there, doctors found maggots crawling in an open wound on her heel.

On Monday, March 9, in Clark County Circuit Court, the woman's son filed suit against the home's administrator, Robert Hollins, as well as its parent and partner companies, Kindred Healthcare Inc., Kindred Nursing Centers Limited, Kindred Nursing Centers East LLC and Kindred Healthcare Operating Inc.

Vernon Johnson alleges in his suit that his mother, Lucy Hale, suffered "accelerated deterioration of her health beyond the normal aging process," as well as poor hygiene, bedsores with maggot infestation, malnutrition, weight loss and dehydration. She also suffered "unnecessary loss of personal dignity, pain and suffering, degradation, emotional distress and hospitalizations, all of which were caused by the wrongful conduct of defendants."

The defendants failed to timely and accurately assess care, prescribe treatment and medication, and provide timely nursing and medical intervention, among other failures, according to the suit.

Johnson, who is represented by Rick and Lisa Circeo with Wilkes & McHugh, P.A. in Lexington, is suing for negligence and violation of long term care resident's rights. He seeks compensatory and punitive damages, including, but not limited to, medical expenses, pain and suffering, mental anguish, and disability and disfigurement in an amount to be determined by a jury.

"With basic care and monitoring, there is no excuse for any nursing home resident to have maggots in a wound," Rick Circeo said. "It's humiliating and disgusting."

Hale fell at home and broke her left femur in February 2008. She underwent surgery at Saint Joseph's Hospital, and after her hospital stay, she was discharged in March to rehabilitation therapy. She was initially taken to Kenton Healthcare facility, but her family ultimately transferred her in April to Winchester Centre for Health and Rehabilitation so she would receive better care.

She had the sore when she was admitted to the home, and doctors ordered daily cleaning and fresh bandages with additional nutrition to make sure it healed. Instead, during her three months there, the wound continued to fester.

Despite reports from the nurses and physical therapists saying the wound was shrinking and show great improvement, when Hale went back to her doctor in late July, he found two maggots squirming in a the wound, which had grown to 5-6 cm in diameter and was surrounded by dead tissue.

Such ulcers can be prevented through simple nursing care, which includes turning the patient at least every two hours and maintaining hydration, nutrition and hygiene. The other key to ensuring such a wound heals: Removing all pressure from it. Allowing the sore to develop necrotic, or dead, tissue creates a breeding ground for infection - or, in this case, maggots.

"This condition should not exist in developed countries with modern medicine," Circeo said.

In a separate action filed in Fayette County Circuit Court, Johnson also is suing for negligence the hospital and rehab center where Hale was treated before being transferred to Winchester. That suit names Saint Joseph Health System Inc., Catholic Health Initiatives, Kenton Healthcare LLC, and Kenton Healthcare/Lexington Ltd.

About Wilkes & McHugh, P.A.
Wilkes & McHugh, P.A. is a full-service civil litigation and personal injury law firm handling a wide variety of claims from coast to coast. The firm focuses on claims where people have been injured because of someone else's negligence or wrongdoing. Areas of civil litigation include; elder abuse and neglect, medical malpractice, wrongful death, many types of serious auto accidents, product liability, corporate fraud and misconduct, as well as various other types of serious injury cases. Wilkes & McHugh, P.A. was founded in Tampa more than 20 years ago and now has offices in nine states. Visit www.wilkesmchugh.com for more information.