The death of an 82-year-old Cochise County man more than two years ago is the subject of a gross negligence and wrongful death lawsuit recently filed against a long-term care facility in Sierra Vista.
William A. Ward Sr. died June 22, 2018 after a six week stay at Haven of Sierra Vista LLC. Public records show Haven of Sierra Vista is one of 18 licensed facilities in Arizona owned by California-based Haven Health Group.
The lawsuit by Ward’s estate notes that Ward was admitted to Haven of Sierra Vista following his May 9 discharge from Canyon Vista Medical Center for a broken leg. It alleges that facility personnel knew Ward was suffering from dementia “and other physical ailments” which qualified him as a vulnerable adult under state law.
The estate also alleges Ward suffered at least four “traumatic falls” at the Haven facility, including one from his wheelchair on May 23 which sent him back to Canyon Vista Medical Center for two days for surgery on his re-broken leg. Another fall purportedly occurred June 16, just one week before Ward’s death.
The lawsuit seeks damages against the company and its unnamed employees or contractors involved in Ward’s care for wrongful death, pain and suffering, and abuse or neglect of a vulnerable adult.
“The Haven of Sierra Vista Defendants accepted and retained Mr. Ward as a resident or patient they could not properly care for,” the lawsuit states. “Defendants are directly responsible for their individual and enterprise negligence, recklessness, and intentional conduct including the negligent staffing, screening, hiring, training, retention, and supervision of its employees.
Once Haven of Sierra Vista is formally served with the lawsuit the company will have 20 days to file an answer. It could take up to 18 months for the case to come to trial before Judge John Kelliher.
The Ward lawsuit is the second filed in Cochise County Superior Court against Haven of Sierra Vista this year.
In January, the Estate of Janet Contreras sued the facility for negligence and wrongful death, as well as alleged violations of Arizona’s Adult Protective Services Act. According to that lawsuit, Janet Contreras was admitted to the facility Jan. 31, 2018 after suffering “a cerebrovascular accident” or what is commonly known as a stroke.
“Despite Defendants’ knowledge and awareness that Janet Contreras was at risk for dehydration, they failed to provide her with adequate hydration and nourishment,” the lawsuit alleges. “As a result of Defendants’ failures, Janet Contreras became severely dehydrated and malnourished and suffered acute kidney failure.”
Contreras died Feb. 10, 2018. Like the Ward case, the estate lists several “John Doe” defendant in the lawsuit which are expected to be replaced with names of facility administrators, care managers, and other employees involved in or responsible for arranging Contreras’ care.
Last week the company filed its answer to the Contreras lawsuit, providing denials to the allegations and setting forth some defenses. The next activity in that case is for the parties to propose case deadlines to Judge Laura Cardinal leading up to an expected late 2021 jury trial.