LP Louisville Herr Lane, LLC v. Buckaway

APPEAL FROM JEFFERSON CIRCUIT COURT HONORABLE ANN BAILEY SMITH, JUDGE ACTION NO. 21-CI-002374

BRIEFS FOR APPELLANTS:

Michael T. Leigh

William R. Adams

Louisville, Kentucky

Rebecca R. Schafer

Emily W. Newman

Paul A. Dzenitis

Louisville, Kentucky

BRIEF FOR APPELLEES:

Jacques G. Balette

Juliette B. Symons

Lexington, Kentucky

BEFORE: COMBS, EASTON, AND TAYLOR, JUDGES.

OPINION

COMBS, JUDGE:

AFFIRMING

The following parties have filed this appeal from an order of the Jefferson Circuit Court denying their motion for summary judgment entered on April 25, 2023: LP Louisville Herr Lane, LLC d/b/a Signature HealthCare at Jefferson Place Rehab &Wellness Center; Willie Joe Norris, Individually and in his capacity as the Administrator of Signature HealthCare at Jefferson Place Rehab & Wellness Center; Signature HealthCare Clinical Consulting Services, LLC; Signature HealthCare Consulting Services, LLC; SHC LP Holdings, LLC; Signature HealthCare, LLC; JJLA, LLC; Las Palmas SNF, LLC; LPSNF, LLC; LP CS Holdings, LLC; LP CR Holdings, LLC; LPMM, Inc.; and LP Manager, LLC (referred to collectively as "Jefferson Place"). Although interlocutory, this appeal is proper as Jefferson Place contends that the trial court erred by summarily rejecting its claims of immunity. After our review, we affirm.

Shirley Wilson underwent back surgery at Baptist Hospital in Louisville on April 17, 2020. She was hospitalized for another eleven days. During that time, she received wound care and dressing changes pursuant to

physician orders. Her surgeon followed up with her several times. He never observed any sign of post-operative infection. The surgical wound appeared to be healing properly.

Shirley was transferred from Baptist Hospital to Jefferson Place, a nursing home, which routinely offers post-surgical care to its patients. On April 27, 2020, the day before Shirley was discharged from the hospital, the hospital prepared a detailed progress note to be used by the nursing home staff. The note provided her plan of care and included the discharge physician's orders for her wound care during her stay at the nursing home. The note indicated that Shirley should be out of bed several times each day and that she could have showers. It also directed that Shirley's wound be cleaned with peroxide twice each day and covered loosely with a dry dressing. These measures were aimed at preventing post-operative infection. Jefferson Place was directed to call Shirley's physician if any concerns developed about the wound's healing. Shirley was discharged to Jefferson Place on April 28, 2020. She was to follow up with her surgeon on May 18, 2020.

On May 18, 2020, during a telehealth conference with her surgeon's office, the nursing home staff examined Shirley's surgical wound. (Shirley's estate claims that this was the first time that her wound had been tended to in three weeks.) Staff discovered that the wound was infected. It was red, warm, and

draining. The following day, May 19, Shirley was found unresponsive; she was immediately transferred to the hospital where she was diagnosed with a catastrophic E. coli infection. Shirley required multiple treatments and surgeries -including removal of the hardware implanted in her back during the initial surgery.

Shirley and her husband, Russell Wilson, filed a negligence action in Jefferson Circuit Court on April 22, 2021. Shirley alleged that nursing home staff failed to follow physician orders and instructions and that it otherwise neglected to provide her with basic nursing care during her stay. Shirley alleged that staff failed to properly transcribe the physician's orders to her chart; failed to follow physician orders to clean her wound with peroxide and change her dressing; failed to shower her at any point during her three-week stay; failed to get her out of bed several times each day; filed to assess her wound for any sign of infection; and failed to...