Iowa nursing home operator faces more wrongful death claims
August 9th, 2024 by Ric Hanson
(Des Moines, Iowa) – One of Iowa’s largest nursing home operators, Care Initiatives of West Des Moines, is currently facing at least 10 wrongful death lawsuits. The Iowa Capital Dispatch reports the lawsuits, all filed in state court over the past 18 months, include four against Northcrest Specialty Care in Waterloo, which has been the focus of at least 21 complaint investigations by the state in the past year. Care Initiative’s facilities in Avoca and Corning are included in the lawsuits. Read more about those cases below.
In each of the lawsuits, Care Initiatives has denied any wrongdoing. The company, which operates 43 Iowa nursing homes as well as several assisted living centers and hospice locations, says it does not comment on pending litigation. Roughly 2,800 elderly or disabled Iowans receive care from one of the company’s facilities.
In several of the lawsuits, Care Initiatives has attempted to have the cases thrown out of court due to contracts residents signed at admission. Those contracts call for any disputes between the residents and the company to be settled through private arbitration rather than civil litigation.
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At least four wrongful deaths claims have been filed against Waterloo’s Northcrest Specialty Care nursing home, although some of those claims are being challenged due to arbitration agreements signed by elderly residents. (Photo via Google Earth; document courtesy of Iowa District Court for Black Hawk County)
Such agreements have generated controversy nationally, with advocates for seniors arguing that residents and their family members often don’t understand the contracts may result in them losing their right to sue.
Corning Specialty Care: The family of Angela Segebart alleges that she was admitted to the Corning home in September 2017 and that on Jan. 20, 2022, she tested positive for COVID-19. On Jan. 27, 2022, the staff allegedly dropped Segebart while transferring her in or out of bed, resulting in two broken legs. The lawsuit claims the staff then failed to assess Segebart’s injuries and placed her back in bed. Two days later, she was experiencing respiratory problems and was transferred to a hospital where she subsequently died.
The official cause of Segebart’s death was chronic respiratory failure and pneumonia due to COVID-19, with sepsis and acute renal failure listed as contributing factors. Care Initiatives successfully fought to have the bulk of the case settled through arbitration, although the family’s claim of loss of consortium could result in further litigation depending on the outcome of arbitration.
Avoca Specialty Care: The family of Craig Christensen alleges that while living at the Avoca facility in January 2022, Christensen developed a urinary tract infection that was left untreated and led to the development of sepsis and septic shock and, ultimately, his death on Feb. 20, 2022. A jury trial is scheduled for July 29, 2025.