Texas Wrongful Death Lawsuit Results in $2.1 Million Verdict against Nursing Home and Doctor

Last week, a Texas jury returned a verdict of $2.1 million in a nursing home lawsuit filed after the death of a resident in 2004. The death was allegedly caused by over medication with painkillers and a urinary tract infection that went untreated because the facility’s fax machine was broken.

Mabel Ann Webb, 79, who fell and hurt her back in the spring of 2004, was at the CLC Richland Hills nursing home to undergo physical therapy. While there, Webb developed a urinary infection which went untreated, and died of kidney failure approximately one month after entering the nursing home.

Nursing home employees admitted to state inspectors that they did not see an analysis of Webb’s urinary tract infection for about two weeks because the facility’s fax machine was not functioning properly.

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According to the lawsuit, Webb was also over medicated while at the nursing home. She was administered three times the appropriate amount of painkillers by the nursing home’s medical director, Dr. Adolphus Ray Lewis.

On August 6, 2008, a Tarrant County jury awarded the family $900,000 in compensatory damages against the Texas nursing home and the doctor, as well as $1.2 million in punitive damages against the doctor. However, under Texas damage cap statutes, the amount of the jury award will likely to be reduced, and the Texas nursing home lawyers who represent the family indicated in local news reports that they may be unable to collect a large portion of the award since the facility was uninsured.

Gary Trebert, the former owner of CLC Richland Hills, recently pled guilty in federal court to charges of conspiracy and tax evasion. About 70 nursing homes were run by the former attorney, who admitted to evading payroll taxes of about $34 million. Trebert is expected to be sentenced to eight years in prison later today.

According to local news reports, Dr. Lewis continues to serve as the medical director of the nursing home, which is now under new ownership.

3 Comments

  • SirApril 7, 2019 at 5:26 pm

    On August 7, 2017 to August 16. 2017…I, Sir Williams, informed the Nurses and CNA’s at the Nursing Home that, my Mother was eating only 2 bites of food each day and drinking a little water. The Nurses and CNA’s ignored my complaints. On August 16, 2017 at 1800 hours, my Mother was too sick to eat or drink. Therefore, the 2nd shift NURSE telephoned the Doctor and the Doctor ordered the Nurse to giv[Show More]On August 7, 2017 to August 16. 2017…I, Sir Williams, informed the Nurses and CNA’s at the Nursing Home that, my Mother was eating only 2 bites of food each day and drinking a little water. The Nurses and CNA’s ignored my complaints. On August 16, 2017 at 1800 hours, my Mother was too sick to eat or drink. Therefore, the 2nd shift NURSE telephoned the Doctor and the Doctor ordered the Nurse to give my Mother a dose of Magnesium Citrate for constipation. Then, a 1st shift NURSE arrived and went to my Mother’s room to examine her. The 1st shift NURSE noted that my Mother was having a Nausea and Vomiting episode with Low Blood Pressure, Low Heart Rate, and Abdominal Pain. The NURSES did not treat my Mother’s health problems or call a Doctor for over 11 hours. My Mother was put in a situation to choke on her own vomit and die. After 11 hours, the 1st shift NURSE telephoned the Doctor and informed him that, my Mother’s health was in danger. The Doctor ordered the NURSE to transport my Mother to the Hospital Emergency Room. Before the Ambulance arrived, someone gave my Mother a dose of MiraLax and the MiraLax caused my Mother to experience Low Blood Pressure, Vomiting and Abdominal Pain. When my Mother was admitted to the Hospital ER, she was experiencing health problems such as Kidney Failure, Dehydration, Dysphagia, Aspiration Pneumonia, and a Fecal Impaction. MiraLax is not recommended for a Patient with a Fecal Impaction; but, the Doctor at the Nursing Home was also my Mother’s Doctor at the Hospital…and he ordered her to take a 2nd dose of MiraLax, after she arrived in the Emergency Room…and to keep taking MiraLax every day till the day she died on September 15, 2017. Medical Records show that, my Mother never recovered from her injuries. CURRENTLY, THE DOCTOR HAS A PENDING INVESTIGATION FOR NEGLIGENCE BY THE TEXAS MEDICAL BOARD…AND THE 2 NURSES ARE BEING INVESTIGATED FOR NEGLIGENCE BY THE TEXAS BOARD OF NURSING.

  • GlenDecember 26, 2015 at 8:45 am

    Dr Lewis was mentioned in the Fort Worth Star Telegram and our family was very concerned because this same doctor was treating our mother at the nursing home. We looked up his name on the Internet to try to find his phone number and found this internet article about this doctor. We informed the nursing home and the hospital that out mother was not receiving proper care from this doctor or the n[Show More]Dr Lewis was mentioned in the Fort Worth Star Telegram and our family was very concerned because this same doctor was treating our mother at the nursing home. We looked up his name on the Internet to try to find his phone number and found this internet article about this doctor. We informed the nursing home and the hospital that out mother was not receiving proper care from this doctor or the nursing home. We pleaded with the Fort Worth Hospital and the attending physicians not to send her back to the nursing home. But the hospital refused to listen to us and allowed a neighbor who only knew my mother less than six months to make all medical and health care decisions because they claimed that out mother signed an medical power of attorney and DNR. We informed the attending physician and hospital administrators that we had no prior knowledge that our mother had sign these legal documents. We informed the attending physician and hospital administrators that our mother was found unable to care for herself by North Texas State Mental Hospital before she signed the MPOA and we wished to dispute the validity of this document. We requested that the hospital provide intubation for our mother because she had severe pneumonia and the hospital refused to provide these much needed life saving services. Instead they relied on the word of a neighbor who only knew her less than 6 months. The hospital refused to listen to any family members and refused to provide these life support services. The hospital sent her back three times and each time she came back worse because Dr Lewis and the nursing home were not providing proper medical care. Our mothers first admission to the Hospital from 1-23-12 to 1-31-12 transferred back to nursing home with pneumonia, skin ulcers on both heels and buttock, Our mothers second admission to the hospital was on 2-2-12 and she was transferred back to hospital with difficulty breathing because pneumonia was not resolved. The hospital transferred her back to the nursing home that same day! All the previous blood tests and photographs taken by hospital staff proved the nursing home was not providing adequate care and the hospital should have worked with family members and try to resolve the disputes regarding the MPOA and DNR. Instead they refused to provide life support services and relied on the word of the next door neighbor who did not have our mothers best interests. We requested to see the MPOA and DNR but the hospital and nursing home refused to provide these legal documents to prove they existed. They said we only had verbal permission and was not allowed to make any decisions on 2-10-12 and refused to let us have any medical records. We complained to several state agencies about the care our mother received! Our mothers final admission on 2-10-12, she came back with severe blood infections, skin ulcers on both heels and buttock and severe breathing difficulty because of the pneumonia that was never resolved at the Fort Worth nursing home who was not providing adequate treatment for the skin ulcers, severe infections, diabetes and severe pneumonia that was never resolved because the hospital refused to send her to a safe place that would provide proper care for and our elderly disabled mother. Each time the hospital took blood tests and X rays and knew the nursing home was not providing adequate care but refused to help our mother and provide adequate care. The hospital has a special ward for patients with severe pneumiona and could have transferred our mother to this floor located in the hospital. They also had an electronic record system and could have looked at her medical records and seen that she was placed in several hospitals due to her severe mental illness. On her final admission to the hospital on 2-10-12 she came back with severe pneumiona and severe skin ulcers on both heels and buttocks. The hospital took pictures and did several tests and should have sent to to a hospital or nursing home that would provide proper care. Our mother passed away on 2-16-12 because of the pneumiona and the hospital refusal to provide life support services because they said she signed a MPOA and DNR.

  • GaySeptember 11, 2012 at 1:05 pm

    This is just one of thousands and thousands who die from lack of care in these death traps. I lost a dad in 1986 for the same reason and no one was ever held accounable for his death. He was embalmed without permission which covered up his cause of death. The nursing home allowed the funeral director to see my dad's medical records and the family did not get a copy until 1998. I found out he wo[Show More]This is just one of thousands and thousands who die from lack of care in these death traps. I lost a dad in 1986 for the same reason and no one was ever held accounable for his death. He was embalmed without permission which covered up his cause of death. The nursing home allowed the funeral director to see my dad's medical records and the family did not get a copy until 1998. I found out he would have lived had the nursing home got him mediacal help. I found this out by taking his autopsy reports and slides to the Medical Institute in Dallas after reading about a murder being solved. We have a industry who has no accounabilty for the deaths of helpless human beings so they can make money from an uncaring government. Legislators are getting big money from the nursing home industry who are writing the laws. The agencies who investigate nursing homes are not law enforcement. They are social workers, dietians etc, so no one is ever prosecuted. The state rarely investigates a nursing home comlaint for at least 45 days. They have twenry four hours even when it is life threatening. By this time the resident is dead or medical records are changed. Medical records are usually what the investigators use. Funeral Homes do not call mediacal examiners or police no matter what the condtion of the bodies are in. Funeral homes get lots of business from nursing homes, plus they cover up the crimes by burying the bodies. Doctors rarely see the bodies!!! The nurse can pronounce the patient dead and in Texas the death is not reported to the state until the tenth day of the next working month!!! We are allowing an industry to kill our helpless human beings. God help us all!!.

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