Cook County Wrongful Death Lawsuit Claims Chicago Man Went into Anaphylactic Shock Because He was Fed Fish at Elgin Mental Health Center
The family of Morris Howard is suing Virdia Spain and Illuminada Tuzon for his Cook County wrongful death. Howard, a 58-year-old Chicago resident, was a patient at Elgin Mental Health Center in 2008 when he went into anaphylactic shock and died.
In their Elgin wrongful death complaint, the plaintiffs claim that the defendants, who worked as therapy aides at the long-term care facility, fed him fish, even though the center knew that Howard was allergic to seafood. His tray even came with a pink cover to note that he was a high-risk patient with dietary restrictions. Morris had been allergic to fish since he was age 2 and a card on his tray listed this information.
Howard, who was physically and mentally impaired, was unable to communicate effectively. However, his family contends that the two women knew about his allergy.
Following Howard’s death, Tuzon and Spain were charged with abuse of a long-term health care facility resident and accused of not only criminal negligence, but also of acting recklessly when providing him with care. The criminal charges against them were eventually dropped because prosecutors found that there was no evidence showing that the two therapists had known about his allergies and then decided to intentionally feed fish to him.
Long-term care facilities must have the proper procedures in place to make sure that patients with dietary restrictions are not given the wrong food. For example, some residents may be on a very low sugar diet or are lactose intolerant. Others may be allergic to seafood, nuts, some other type of food. Still others can only eat food that has been ground up or liquefied. In some cases, failure to abide by these dietary restrictions can cause severe allergic reactions, choking accidents, other serious health complications, and even death.
Family sues over man's fish allergy death, Chicago Breaking News, May 28, 2010
Aides charged in Elgin Mental Health Center death, Daily Herald, November 12, 2008
Related Web Resources:
Elgin Mental Health Center, Illinois.gov
Allergic Reaction and Anaphylactic Shock, EmedicineHealth
You may be able to file a Chicago nursing home negligence lawsuit against a facility for your loved one's injuries or death.
