A jury trial is set to begin Monday in a case brought by a woman whose mother died after a fall in the Virginia assisted living community where she lived.
Thelma Barbour is seeking $1.5 million in addition to money for funeral expenses, home care costs and court costs, according to an article on the Williamsburg Yorktown Daily.
Alice Allen, 87, died Aug. 23, 2012, from complications of a subdural hematoma 11 days after she fell from her wheelchair and hit her head while in her room at Colonial Manor in Williamsburg, VA, according to the media outlet, citing court documents.
Barbour maintained that Colonial Manor did not institute adequate falls prevention measures, did not notify her of the incident soon enough and did not send her mother to the emergency department soon enough, according to the media account of court documents. Colonial Manor, however, reportedly stated in court documents that Barbour delayed authorizing their sending Allen to the hospital until the day after her fall, refused recommended treatment for her mother and signed do not intubate and do not resuscitate orders for her mother.
In addition to the senior living community, Barbour is suing her mother’s physician and his employer, the Visiting Physicians Association.
Barbour previously filed a lawsuit in July 2014 but subsequently decided not to continue with the case, according to records for the Williamsburg/James City County Circuit Court in Virginia. She refiled the lawsuit two months later, however.
Pedro Becerra, M.D., the owner and administrator of Colonial Manor, who will represent the assisted living community in court, did not respond to a request for comment from McKnight’s Senior Living. Neither did the attorney representing Barbour and Allen’s estate.