Lawsuit: Elderly patient’s pleas for help went unheeded

In May 2014, an 89-year-old patient at a skilled nursing facility in northwest Las Vegas told a nurse to call the police. He then pointed to his left knee and said "the therapist."

No one at the facility, Las Ventanas at Summerlin, called police that day. But the following day the man was taken to a hospital, where personnel documented a "severe left hip and/or femur fracture," bruising and "severe neglect," according to court records.

The patient, Fredrick Knell, underwent surgery to fix the fracture but failed to recover and died in September 2014 at the age of 90.

"This is a horrible, horrible case where even the police were requested to be called, but the facility did nothing," attorney Rob Murdock said.

Murdock and Marty Keach represent Knell's widow and daughter in a wrongful death case against Las Ventanas. On Tuesday, after learning about Knell's May 2014 conversation with a nurse, the lawyers added Charles Maribbay, a physical therapist assistant, and his employer, Aegis Therapies Inc., as defendants in the case.

Attorney Brent Vogel, who represents Las Ventanas, could not be reached for comment. Attempts to reach Maribbay were unsuccessful.

Spokeswoman Michelle Metzger declined to comment on behalf of Aegis. She said the company had not been served with the newly amended complaint as of Friday. "We really don't have a full awareness of what the allegations are at this point," Metzger said.

Murdock and Keach originally filed the lawsuit as a negligence case in July 2014. After Knell's death, they pursued the case on behalf of his estate; his widow, Wynona; and his daughter, Tami Knell Cox.

While deposing Sharon Shepherd in August 2015, Murdock learned about a written "grievance/complaint report" that had been filled out by a nurse named Jackie Kinsey on May 20, 2014.

Shepherd, director of social services at Las Ventanas, told Murdock the report had triggered her investigation of the matter.

"I was given that form from the nurse that was on duty that day that Mr. Knell had actually complained that he had been hurt, but he was hurt by the therapist, and was afraid and didn't want the therapist near him," Shepherd said during her deposition.

The witness described the report as an "in-house form" and said she had been told by her administrators not to release it. Murdock argued that he was entitled to the report, and a lawyer for Las Ventanas turned it over at the deposition.

"The failure to disclose the document originally speaks for itself," Murdock told the Review-Journal.

According to the report, Knell told Kinsing to "call the police."

"He is fearful and grabbing my hand," the nurse wrote. When she asked him why, according to the report, he pointed to his left knee and said "the therapist."

The form indicates that the director of nursing and therapy manager were "designated to take action" on the matter.

A portion of the report that asks whether the grievance was resolved remains blank.

According to the newly amended lawsuit, Knell was taken by ambulance to St. Rose Dominican Hospital, San Martin campus, on May 21, 2014, "for further evaluation as his leg became swollen and he was bruised about his body."

"Despite such, no incident reports were made regarding abuse and neglect," the lawsuit alleges. "But, somehow, Mr. Knell was injured about his body and suffered extreme pain in his leg."

At the hospital, Knell was asked about falling.

"Mr. Knell, who suffered from advanced dementia, was unable to recall falling," according to the lawsuit. "Further, Las Ventanas has no documentation of Mr. Knell falling."

The lawsuit claims Knell's fracture "could only have occurred from a serious traumatic injury, such as a severe fall or from someone twisting Mr. Knell's leg until it fractured."

St. Rose also documented "severe neglect via various" bedsores, according to the lawsuit.

Knell underwent surgery, coupled with a blood transfusion, on May 23, 2014.

"Knell's injuries and, ultimately, his death were caused by some or all of the actions and conduct of defendants," the lawsuit alleges.

The lawsuit also includes a claim for elder abuse/neglect. Clark County District Judge Gloria Sturman is presiding over the case, and a trial is scheduled for March 2017.

"For these horrific acts of abuse, neglect and evasion, we will be asking for damages for the fear and pain that Mr Knell suffered, the grief to his widow and daughter, and to punish the defendants in an amount that will make them think twice before doing this again," Murdock said.

— Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710. Find her on Twitter: @CarriGeer.