A man who developed bedsores and required surgery while staying at a Williamsburg nursing home in 2014 is suing the home and its associated companies for $7 million.
The civil case, filed in January 2016, is against Envoy of Williamsburg nursing home and two other limited liability companies, according to documents filed in the Williamsburg-James City County Circuit Court.
The case, which seeks $5 million in compensatory damages and $2 million in punitive damages, is set to be heard during a three-day jury trial starting Nov. 6.
Documents state Roberto Brandveen, the plaintiff in the lawsuit, was admitted to Envoy of Williamsburg in January 2014 after suffering a stroke. He had been hospitalized at Sentara Norfolk General Hospital for a few weeks before being sent to Envoy, located at 1235 S. Mount Vernon Ave, the complaint states.
The defendant’s suit has three claims: Envoy staff were negligent by not preventing pressure sores, the staff was negligent because they did not prevent harm from happening to an incapacitated adult, and Envoy broke their contract with Brandveen because they did not provide care to maintain his health, safety and well-being.
“… a Nursing Home patient should never, ever [develop] such an ulcer,” a complaint filed by Brandveen’s attorney states. “The Plaintiff’s Stage IV decubitus ulcers developed as a result of reckless, willful and wanton mistreatment by Envoy Staff.”
Brandveen is also suing limited-liability companies Envoy Health Care and CMC II – companies associated with the nursing home, according to documents.
“When the Plaintiff was admitted to the nursing home, he was alert and oriented, his condition was stable, and he [was] satisfactorily recovering from his stroke,” the complaint states.
Brandveen did not suffer from any ulcers when he was admitted, according to documents.
Due to residual paralysis on his left side after the stroke, the man was at-risk for developing pressure ulcers, documents state.
Throughout his stay, Brandveen required frequent repositioning.
Less than three weeks after his admission to the nursing home, he developed three ulcers on his backside. One month later in March, one ulcer had worsened, requiring surgery and creating a permanent injury that requires “ongoing medical care,” documents state.
In June, Brandveen was transferred to Sentara Williamsburg Regional Medical Center for the “severe” ulcers, which had worsened. One had become infected, according to documents.
A local adult protective services department was called to investigate the incident, documents state.
“After an extensive investigation, APS determined that ‘abuse, neglect or exploitation’ of the Plaintiff occurred during his stay at the nursing Home, and that he was in need of protective services at the Nursing Home due to the rapid development of pressure wounds and his near-total reliance on his Nursing Home caregivers,” documents state.
A response filed by Envoy of Williamsburg denied the allegations that staff did not provide adequate care, but admitted Brandveen was at-risk for “skin breakdown.”
Documents filed by Envoy also state staff turned Brandveen every two hours while he was at the nursing home.
Attorneys representing the defendants and Brandveen did not immediately return requests for comment Monday.
Correction: An earlier version of this article stated James City County Adult Protective Services investigated the incident at Envoy of Williamsburg. Court documents stated James City County was the investigating agency, but Renee Dallman, a James City County spokeswoman, said the City of Williamsburg investigated.
