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Cynthia Rosolowski, right, poses Tuesday with a picture of her mother, Mary, who died in 1994. Delmar Gardens of Green Valley Nursing Center on Monday agreed to pay $2 million to resolve a lawsuit filed in connection with the death. Photo by Amy Beth Bennett.

Wednesday, October 04, 2000
Copyright © Las Vegas Review-Journal

Nursing home agrees to pay $2 million in woman's death

Institution previously offered $200,000 to resolve lawsuit

A Henderson nursing home has agreed to pay $2 million to resolve a lawsuit filed by the daughter of a former resident, an attorney said Tuesday.

Attorney Randall Mainor, who represents Cynthia Rosolowski, said the agreement with Delmar Gardens of Green Valley Nursing Center was made official Monday.

Rosolowski is the daughter of Mary Rosolowski, who moved to Henderson in 1988 to be near her daughter. She entered the nursing home in September 1992.

Mainor said the nursing home detected a sore on Mary Rosolowski's back in December 1993. The attorney said she had a history of such bedsores, but this one developed into a life-threatening ulcer.

She was transported to a hospital in late February 1994, and died on March 4, 1994. Between detection of the sore and the day she was brought to the hospital, there was no record of a doctor examining the sore, Mainor said.

The attorney said testing of the sore after the death detected several organisms most commonly found in fecal matter. Mainor said he had planned to argue at trial that the nursing home had left Mary Rosolowski lying in her own feces and urine for prolonged periods.

In addition, the attorney had planned to present evidence that nursing home employees falsified records meant to track the care provided residents.

Mainor said the nursing home previously had offered $200,0000 to resolve the lawsuit that initially was filed by Las Vegas attorneys Rob Murdock and Marty Keach.

A call to Delmar Gardens was not immediately returned Tuesday.