HomeMy WebLinkAbout2016 02-01 Family sues nursing home in woman's death PIONEER PRESS2/4/2016 Main
Family sues nursing home in woman's death
She inhaled solid food after meal was served in error
Maplewood
By Tad Vezner
tvezner &ionee,�aress. com
The family of a former patient of a county -owned Maplewood nursing home who died after being served the
wrong meal has filed a civil rights suit over her death.
An estate representative of Theresa Rotter, who died in 2013 at the age of 88, filed the suit Monday in
federal court in Minnesota against the Ramsey County Care Center, two top administrators, and the
unidentified employee who served Rotter her last meal.
Rotter, whose diet required that she eat no solid foods, was mistakenly given an meal that had not been
pureed. She partially inhaled it and later died of sepsis, or infection, in her lungs.
A Ramsey County spokesman declined to comment on the case because it is ongoing litigation.
The suit alleges that a computer system that generated and printed instructions to the nursing home's staff
was not working on holidays and that the technician who audited those instructions did not work weekends.
It further alleges that two of the home's top administrators, administrator Steven Fritzke and nursing director
Joleen Magee, were aware of those issues and did nothing to correct them.
Rotter, who suffered from dementia and seizures, was put on a strict diet that required her food to be pureed,
to prevent risk of choking, the suit stated. A Minnesota Health Department report found that Rotter, who did
not have teeth, had a history of inhaling food into her lungs.
On Easter Sunday, Rotter was served baked ham, au gratin potato and a roll and began aspirating before
coughing up a chunk of potato. She died of respiratory failure the following evening after being diagnosed
with aspiration pneumonia, with bacteria caused by the aspiration.
The Health Department investigated and made a finding of neglect. The cause of death listed on her death
certificate was sepsis, or infection, the department noted.
The suit alleges that Rotter was deprived of her civil rights, as the nursing home violated federal standards of
care laid out in the Nursing Home Reform Act.
In particular, the suit alleged Rotter's right to have reasonable accommodation, and receive a diet that met
her individual needs, was violated.
The suit asks for unspecified damages, including medical and funeral expenses.
Theresa Rotter died in 2013.
2/4/2016 Main
Monday_ 02/01 2016 Prg.A05 Copyright L 2016, 31, Pnul Pioneer Press 2 1/2016