The Carolina Care Center of Cherryville in Gaston is facing a recently filed nursing home death lawsuit, from a family of a World War II veteran who allegedly died in their care. The nursing home death lawsuit was recently filed by the veteran’s family, who allege he died in direct result of severe nursing home neglect by the working staff.

The nursing home death lawsuit, filed by the family members of Herman D.,  alleges the negligence of the nursing home staff members had caused him to fall and break his femur on Jan. 27, 2016, which purportedly contributed to his death.

According to an article by the Gaston Gazette, Herman had been checked into the Carolina Care Center after suffering cognitive issues with his short and long term memory. These issues reportedly interfered with his ability to make decisions and he often became confused or disoriented. He was also blind in his right eye due to glaucoma and had begun experiencing trouble speaking.

Herman’s family members describe him as a loving person, who was also a Teamsters union leader and a loving grandfather to his family, according to the Gazette. The family says checking into the care facility was necessary for the betterment of his well being, with the nursing home promising that he would be well cared for. This “promise” allegedly included help with daily tasks like eating, moving, and assisting him while using the bathroom.

The nursing home death lawsuit alleges that Herman received no special care and that his basic needs were not even met.

Overview of Nursing Home Death Lawsuit

According to claimant Kathy D., Herman’s daughter in law, Herman suffered multiple injuries and died due to being neglected by the nursing home staff. According to the family’s nursing home death lawsuit, Herman had lost his balance and fell in the dining room of the facility on Jan. 8, 2017, then fell again just 11 days later while he was walking outside his room without assistance.

The second fall reportedly caused Herman’s right femur to fracture, but the nursing staff only identified injuries to his right hand and shoulder. Several hours later, Herman had began yelling in pain and had finally received treatment from the staff but was only given Tylenol before receiving X-rays. While Herman did eventually see a physician, he was placed in hospice and eventually died one week after the fall on Jan. 26, 2017.

Herman’s family filed this nursing home death lawsuit on his behalf, alleging that he was “denied basic human dignity” upon his death. According to the officials of the Carolina Care Center documents dated in 2016, it was noted that Herman was at risk for suffering falls due to lack of safety awareness and that he was also uncomfortable due to incontinence, had an unsteady gait, and had a history of falling.

The attorneys representing Herman’s family in the nursing home death lawsuit had noted the World War II veteran had suffered other injuries including skin tears, weight loss, mental anguish, and that he had a diminished quality of life at the facility. The family is requesting over $20,000 in damages for Herman’s death, with the nursing home death lawsuit also seeking any other relevant damages.