Professional Negligence Law Reporter

Following a hospitalization, Frances Cook, who had a history of stroke, was admitted for a rehabilitation stay at the SpiriTrust Lutheran the Village at Shrewsbury skilled nursing facility. It was noted at the time of her admission that Cook had fallen at least once in the previous three months and that she was in pain. She required assistance with transfers and walking.

After a nursing assistant found her on the floor beside the toilet in her bathroom, Cook was taken to a hospital, where she was diagnosed as having a fractured right hip necessitating surgery. She was subsequently discharged back to SpiriTrust, where her condition deteriorated. She was rehospitalized for treatment of pneumonia and later died of complications from her hip fracture. Cook is survived by her husband and three adult children.

Cook’s estate sued Spiritrust Lutheran and related entities, alleging negligence and wrongful death. The plaintiff asserted that the defendants had failed to provide a safe environment for Cook and sufficient staff to adequately treat and care for her.

The parties settled for $150,000.

Citation: Cook v. SpiriTrust Lutheran, No. 2019-SU-2453 (Pa. Ct. Com. Pl. York Cnty. May 20, 2022).

Plaintiff counsel: A. Michael Gianantonio, Pittsburgh.