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Lawsuit: North Aurora nursing home failed to prevent falls, leading to resident's death

The Beacon-News - 2/16/2018

Feb. 15--A North Aurora nursing home's failures led to the death of a resident who fell there in 2016, claims a lawsuit filed this week in Kane County Circuit Court.

Elizabeth Theis died Feb. 18, 2016, at the age of 86, according to both the lawsuit and an obituary published in the Beacon-News. The wrongful death lawsuit states she was admitted to Asbury Gardens, 210 Airport Road, North Aurora, about a year before her death, and that Asbury employees and agents should have known Theis was at a high risk for falls.

On Feb. 15, 2016, Theis fell at Asbury, sustaining injuries including cervical, nasal and orbital fractures and a forehead laceration that needed 10 stitches, according to the complaint. The fall caused Theis' physical and mental condition to deteriorate and caused or contributed to the cause of her death, the complaint states.

The complaint alleges Asbury breached its duty to Theis in many ways, including by failing to ensure nursing personnel evaluated her to ensure she received adequate supervision and assistance to prevent falls; failing to oversee a comprehensive assessment of Theis' needs to determine fall risk; and failing to make an appropriate care plan to prevent falls.

The complaint also states Asbury failed to appropriately train staff and follow its own policies and procedures for supervising residents.

The complaint lists her daughter and four sons as next-of-kin. Theis' daughter, as the court-appointed executor of her estate, filed the suit Tuesday in Kane County through a private law firm.

A message left with Asbury Gardens was not immediately returned Thursday. The attorney on file for Theis, Bella Feinstein, said she was not sure if she could discuss the lawsuit. Theis' daughter, who filed the suit, could not be reached.

The complaint seeks in excess of $50,000.

Illinois Department of Public Health records show the month prior to Theis' death, Asbury Gardens was cited and fined $25,000 by the state for failing to supervise residents at high risk for falls, identify risks for falls, and prevent falls, resulting in "significant injuries."

hleone@tribpub.com

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