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Family sues Gaston nursing home after veteran's death

Gaston Gazette - 6/15/2018

June 15--Family member describe Herman Devine as a World War II veteran, a Teamsters union leader, a dedicated churchgoer and a loving grandfather.

But the Gaston man's 2017 death was one that lacked basic human dignity, according to a lawsuit filed on his behalf on June 11.

Devine was 98 when he passed away a week after screaming in pain from an injury he suffered at the nursing facility he called home for the last six years of his life, according to the lawsuit.

Devine's estate is suing the Carolina Care Center of Cherryville, alleging the facility's negligence caused Devine to fall and break his femur, an injury that ultimately cost him his life on Jan. 27, 2016.

A new home

When Devine moved into the 111 Harrilson Road facility, he was already well into his 90s. He suffered cognitive deficiencies that impacted his short- and long-term memory, affected his ability to make decisions, and left him often confused and disoriented, according to court documents.

He also struggled communicating verbally, and glaucoma caused blindness in his right eye.

Devine moved in on Nov. 30, 2010, with the expectation that the nursing home would help feed him, assist in his mobility, help him use the bathroom and help him avoid injuries, according to the lawsuit.

That never happened, according to the lawsuit brought by Kathy Devine, Heman "Herman" Devine's daughter-in-law.

Injuries

Officials at Carolina Care Center documented in 2016 that Devine was a risk for falls due to poor safety awareness, discomfort from incontinence, an unsteady gait and a prior history of falling, according to the lawsuit.

Representatives at the nursing home declined to comment on this story. It was unclear whether the nursing home had been served the lawsuit or the name of the nursing home's attorney.

Devine fell on the morning of Jan. 8, 2017, when he lost his balance standing in the dining room. Eleven days later, he fell again, this time while walking unassisted outside his room, court documents show.

The second fall fractured Devine's right femur, but nursing home staff initially only identified injuries to his right shoulder and hand. It wasn't until he began yelling in pain seven hours later that staff began treatment of his leg, according to the lawsuit.

Devine was given only a Tylenol prior to receiving X-rays. He later saw a physician before being taken more than 12 hours after the incident to Carolinas HealthCare System Cleveland in Shelby.

After a short stay in palliative care, Devine was placed in hospice care in Dallas. He died Jan. 26, 2017, exactly one week after the fall.

Death by negligence?

South Carolina personal injury attorney Caleb Connor, who represents the Devine estate, blames Devine's death on the Cherryville nursing home.

Connor, who represents clients in both Carolinas, Georgia and Tennessee, says abuse at nursing home facilities is becoming more prevalent.

He says the injuries Devine incurred go far beyond a broken femur. Devine suffered skin tears, weight loss, mental anguish, insult to his human dignity and the loss of the ability to enjoy life, according to the lawsuit.

"We think it's a tragic situation and we feel for these folks," Connor said. "Apart from ensuring that his family receives justice, our goal is to hopefully make health care feel better for the citizens of (Gaston County)."

Connor is seeking more than $20,000 for his client for wrongful death and for pain and suffering. The facility is named in the suit, along with Carolina Care Center President Judy B. Beam and Administrator Deborah Hooper.

His accusations against the facility include that it failed to provide a safe environment, implement bed and wheelchair alarms, provide rounds every two hours, request a physical therapy screening or properly evaluate Devine for injuries after his fall or give him appropriate intervention for his declining mental status.

Devine served in the Army on deployments to England, France and Germany, according to his obituary. He was later employed with Carolina Freight Carriers and attended First Presbyterian Church in Gastonia.

You can reach Adam Lawson at 704-869-1842 or on Twitter @GazetteLawson.

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(c)2018 Gaston Gazette, Gastonia, N.C.

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