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;::g~ IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS :v \D 

COUNTY DEPARTMENT, LAW DIVISION -... 

,NINEVA OGLESBY. ) 


) 


Plaintiff, ) 


) 


v. ) No. 

) 


SSC WESTCHESTER OPERATING ) 


COMPANY, LLC d/b/a WESTCHESTER ) 


HEALTH AND REHAB CENTER, ) ... "'-- ............._... 


) 

Defendant. ) 

COMPLAINT 

Nursing Home Care Ad 

NOW COMES the plaintiff, NINEVA OGLESBY, by and through ~er attorneys, 

HOFELD AND SCHAFFNER, and complaining of the defendant, SSC WESTCHESTER 

OPERATING COMPANY, LLC d/b/a WESTCHESTER HEALTH AND .REHAB CENTER, a 

limited liability company, states as follows: 

1. That at all times relevant, defendant SSC WESTCHESTER OPERATING 

COMPANY, LLC d/b/a WESTCHESTER HEALTH AND REHAB CENTER (hereinafter 

"WESTCHESTER"), was a limited liability company, authorized to do business in the State of 

Illinois. 

2. That at all times relevant defendant WESTCHESTER, owned, operated, managed 

and maintained. by and through its duly authorized agents and employees, a certain long term 

nursing care facility located at 2901 Wolf Road, Westchester, Cook County, Illinois, known as 

1 

Case: 1:12-cv-05338 Document #: 1-1 Filed: 07/06/12 Page 1 of 9 PageID #:5
f 

Westchester Health and Rehab Center, wherein it supplied medical. nursing and other healthcare 

to its residents. 

3. 1hat at all times relevant. there was in fun force and effect, a statute known as the 

Nursing Home Care Act, as amended (the "Act"), 210 ILCS 45/1-101. et seq. 

4. That at all times relevant, defendant WESTCHESTER was a "facility" as defined 

by 45/1-113 of Act and was subject to the requirements of the Act and the regulations of the 

Illinois Department of Public Health promulgated pUrsuant to the Act. 

S. That at all times relevant, defendant WESTCHESTER was defined as a "nursing 

facility" and was subject to the requirements of 42 U.S.C. Sec. 1396 (1990) et seq, as amended 

by the Omnibus Budget Reconciliation Act of 1987 ("OBRA") and Volume 42, Code of Federal 

Regulations, Part 483, setting forth Medicare and Medicaid Requirements for Long Term 

Facilities ("OBRA REGULATIONS") 

6. That from May 25, 2005, through October 23, 20 II, plaintiff NlNEV A 

OGLESBY was a resident of defendant WESTCHESTER's Westchester Health and Rehab 

Center, wherein she received medical, nursing and other healthcare from defendant 

WESTCHESTER's duly authorized agents and employees. 

7. That all times relevant during her admission to defendant WESTCHESTER, 

plaintiff NINEV A OGLESBY was dependent upon staff at the facility for her well-being, 

including but not limited to, activities of daily living, hygiene, nutrition, and therapies. 

8. That at all times relevant during her admission, plaintiff NINEV A OGLESBY 

was at risk for falls, fractures, decubitus and other injuries, and defendant WESTCHESTER 

knew or should have known this. 

2 

Case: 1:12-cv-05338 Document #: 1-1 Filed: 07/06/12 Page 2 of 9 PageID #:6
I 

9. That during her admission, plaintiff NINEVA OGLESBY developed decubitus 

ulcers. 

10. That during her admission, plaintiffNINEV A OGLESB Y sustained fractures. 

11. That on October 23,2011, piaintiffNINEVA OGLESBY was left W1attended up 

in a chair and she fell suffering head and other injuries. 

13. That under Section 2-107 of the Nursing Home Care Act, (210 ILCS 45/2-107), it 

vvas t.he duty of an owner, licensee; administrator, employee, or agent of a nursing home not to 

abuse or neglect a resident of a nursing home, such as plaintiffNINEV A OGLESBY. 

14. That under Section 1·117 of the Act, "neglect" means failure in a facility to 

provide adequate medical or personal care or maintenance, which failure results in physical or 

mental injury to a resident or ~n the deterioration of a resident's physical or menta] condition. 

15. That under Section 1-103 of the Act, "abuse" means any physical or mental injury 

or sexual assault inflicted on a resident other than by accidental means in a facility. 

16. ,That under Section 3-601 of the Act, defendant WESTCHESTER, as licenses, is 

liable to plaintiff for any intentional abuse or negligent act or omission of its agents or employees 

which injured plaintiff NINEVA OGLESB Y, a resident. 

17. That pursuant to Section 483.25 of the OBRA Regulations, defendant 

WESTCHESTER, through its officers, employees, agents and staff had a duty to provide each 

resident with the necessary care and services to attain the highest practicable physical, mental 

and psychological well-being, in accordance with the comprehensive assessment and plan of care 

of resident NINEVA OGLESBY. 

3 


Case: 1:12-cv-05338 Document #: 1-1 Filed: 07/06/12 Page 3 of 9 PageID #:7
18. That during the period of plaintifr~ decedent's residency at WESTCHESTER, 

defendant, by its agents and employees, breached its duty and was negligent by the following 

acts or omissions: 

a. 	 In violation of 71 IlL Admin. Code. Ch. I. section 300. 121O(a), failed to provide 

adequate and properly supervised care to meet NINEVA OGLESBY's total 

nursing and persol\al care needs; 

h. 	 In violation of 77 Ill. Admin. Code, Ch. I, section 300.1210 (cX6), failed to 

institute a regular program for NlNEVA OGLESBY to prevent and treat 

decubitus ulcers; 

c. 	 In violation of Section 483.2S(c) of the OBRA Regulations, failed to provide 

necessary treatment and services to plaintiff NINEV A OGLESBY to prevent 

decubitus ulcers and infection. to promote healing and prevention of new 

decubitus ulcers; 

d. 	 In violation of 77 III Admin. Code, Ch. I, sections 300.3240, failed to protect 

NINEV A OGLESBY from abuse and neglect; 

e. 	 Failed to appropriately develop a care plan to address NINEVA OGLESBY's risk 

for developing decubitus ulcers; . 

f. 	 Failed to appropriately develop a care plan to address and prevent fractures tn 

plaintiffNINEVA OGLESBY; 

g. 	 Failed to safely and adequately control plaintiffNINEVA OGLESBY in order to 

prevent a fall; 

k. 	 Failed to safely and adequately monitor plaintiff NlNEV A OGLESBY while she 

was up in a chair; 

1. 	 failed to adequately communicate with piaintitrs family and with and among 

plaintiff's healthcare providers relative to plaintiff's condition of ill-being; 

m. 	 Were otherwise careless, negligent and abusive to plaintiffNINEVA OGLESBY. 

20. That as a direct and proximate result of one or more of the defendant's statutory 

violations and negligent acts andlor omissions, plaintiffNINEVA OGLESBY sustained injuries 

including but not limited to a deterioration of her physical and mental conditions, a loss of 

dignity and respect, decubitus ulcers, fractures and head injuries, all of which caused or 

4 

Case: 1:12-cv-05338 Document #: 1-1 Filed: 07/06/12 Page 4 of 9 PageID #:8
contributed to cause pain, suffering, ,disability. disfigurement and loss of normal life, among 

other permanent pecuniary injuries. 

21. That pursuant to 210 ILCS 4513-602 ofthe Nursing Home Care Act, the licensee, 

WESTCHESTER, shall be responsible for costs and attorney's fees to a facility resident whose 

rights, as specified in part 1 ofthe Article 2 ofthis Act, are violated (210 ILCS 4513-602), 

WHEREFORE, plaintiffNlNEVA OGLESBY demands judgment against defendant SSC 

WESTCHESTER OPERATING COMPANY. LLC d/b/a WESTCHESTER HEALTH AND 

REHAB CENTER, a limited liability company, in an amount in excess of FIFTY THOUSAND 

($50,000.00) DOLLARS. 

Brian Murphy, Esq. 

HOFELD AND SCHAFFNER 

30 N. LaSalle Street 

Suite 3120 

Chicago, IL 60602 

(312) 372-4250 

5' 

Case: 1:12-cv-05338 Document #: 1-1 Filed: 07/06/12 Page 5 of 9 PageID #:9
2120 Served 2121 - Setved 

2220 - Not Served 2221 - Not Served 

2320 - Served by Mail 2321 - Served By Mail 

2420 Served by Publication 2421 - Served By Publication IIIIIIIIIIIIIB * 0 0 6918 41 4 * 

SUMMONS AUAS SUMMONS (Re.... __._ ~ ." . 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 


COUNTY DEPARTMENT, LAW DIVISION 


NINEVA OGLESBY. ) 

) 

Plaintiff, ) 

) 

v. ) No. 2012 L 005774 

) 

: SSe-WESTCHESTER OPERATING" ) Please Serve: 

'COMPANY, LLC dtb/a WESTCHES'TER 

HEALrn AND REHAB CENTER, 

) 

) 

Please See Reverse Side 

) 

) 

Defendant. ) 

SUMMONS 

To each defendant: 

YOU ARE SUMMONED and required to file an answer to the complaint in lhis case, a copy of which is 

hereto attached., or otherwise file appearance, and pay the required fee, in the office of the Clerk of this Court at the 

following location: Richard J. Daley Center, 50 W. Washington, Room 80 I, Chicago, Illinois 60602. 

You must file within 30 days after service ofthis sununons, not counting the day ofservice. 

IF YOU FAlL TO DO SO, A JUDGMENT BY DEFAULT MAYBE ENTERED AGAINST YOU FOR THE RELIEF 

REQUESTED IN TIlE COMPLAINT. . 

To the officer: 

This summons must be retwned by the officer or other person to whom it was given for service, with 

endorsement of service and fees, if any, immediately after service. If service cannot be made, this su!Jlll1ons shall be 

retwned so endorsed. This summons may not be served later than 30 days after its dale. 

WITNESS, ..................................... . 


Clerk ofthe Court 

~Tkta.~..... NilIlle HOFELD AND SCHAFFNER . . :" OF CIlJCuri-!.."!JlVN Attorney for PLAINTIFFS Date ofservice........................................ ;" 2 _.., 

Address 30 N. LaSalle Street (To be inserted by 'office on coPY left with 

City Chicago, lL 60602 defendanl or other person) 

Teleph.one (312) 372-4250 

AttomeyNo. 24667 

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY. ILLINOIS 

Case: 1:12-cv-05338 Document #: 1-1 Filed: 07/06/12 Page 6 of 9 PageID #:10
Please Serve: 

t' SSC Westchester Operating 

Company, LLC d/b/a Westchester 

Health and Rehab Center 

c/o C T Corporation System, Registered Agent 

208 S. laSalle Street, Suite g14 

Chicago, IL 60604 

I' 

Case: 1:12-cv-05338 Document #: 1-1 Filed: 07/06/12 Page 7 of 9 PageID #:11
2120 - Served 2121 ~ Served 

2220 - Not Served 2221 - Not Served 

2320 - Served by Mail 

2420 - SetVed by Publication 

SUMMONS 

2321 Served By Mail 

2421 - Served By Publication 

ALIAS SUMMONS IIII!III * 0 0 6 9 0 4 

i1!lnll~ 14* 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS 


COUNTY DEPARTMENT, LAW DIVISION 


NINEVA OGLESBY, 

Plaintiff: . 

v. 

sse WESTCHESTER OPERATJNG 

COMPANY, LLC d/b/a WESTCHESTER 

HEALTH AND REHAB CENTER, 

Defendant. 

To each defendant: 

) 

) 

} 

} 

) No. 2012 L 005774 

) 

) Please Serve: 

) Please See Reverse Side 

) 

) 

) 

) 

SUMMONS 

YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is 

hereto attached, or otherwise fiJe appearance, and pay the required fee, in the office of the Clerk of this Court at the 

following location: Richard J. Daley Center, 50 W. Washington, Room 801, Chicago, Illinois 60602. 

You must me within 30 days after service ofthis summons, not counting the day ofservice. 

IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENfERED AGAINST YOU FOR THE RELIEF 

REQUESTED IN THE COMPLAINT. 

To the officer: 

with Y" J • •~".;' ~ 

be 

MAY 292.012 

.. , This summons must be returned by the officer or other person to whom it was given for 

endorsement of service and fees, if any, immediately after service. If service cannot be made, this summons . 

returned so endorsed. This swnmons may not be served later than 30 days after its date. 

Name 

Attomeyfor 

Address' 

City 

WITNESS, ............................................... , 


Clerk ofthe Court 

HOFELD AND SCHAFFNER 

PlA1NTWFS Dateofservice: ..................................... ~'tC:n ...V -.I~ 

30 N. LaSaJle Street (To be inserted by office on copy left with'-ir 01 !:i_~~wNil 

Chicago, IL 60602 defendant or other person) "t. •• "",,;;~ Q~r 

Telephone (312) 3724250 

Attorney No. 24667 

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, lLLIN 

Case: 1:12-cv-05338 Document #: 1-1 Filed: 07/06/12 Page 8 of 9 PageID #:12
I 

Please Serve: 

SSC Westchester Operating 


Company, LLC dJh/a Westchester 


Health and Rehab Center 


clo C T Corporation System. Registered Agent 


208 S. LaSalle Street, Suite 814 


Chicago, IL 60604 


Case: 1:12-cv-05338 Document #: 1-1 Filed: 07/06/12 Page 9 of 9 PageID #:13