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Nursing Home Sued Over Alleged Wrongful Death


A Nashua, NH nursing home and hospital are facing a wrongful death lawsuit over the death of 87-year-old U.S. Army veteran Byam “Bing” Whitney, Jr., who died after developing pneumonia five years ago.

According to court documents, Whitney, Jr. died from sepsis caused by bedsores. The family’s lawsuit, filed against Kindred Healthcare, Inc. at Greenbriar Terrace and St. Joseph Hospital of Nashua, NH, alleges that the medical staff failed to discover or document the bedsores during their development, or implement pressure-relieving devices in a timely fashion.

Other accusations included in the lawsuit are that the nursing home was reportedly understaffed and that their negligence resulted in Whitney, Jr.’s “disfigurement, pressure sores, infection, conscious pain and suffering, and his death.”

Whitney, Jr. was admitted to St. Joseph’s reporting problems of a thick tan septum, shortness of breath, pneumonia, and dehydration on March 20, 2011. He was kept in the hospital for a week, during which time he developed three pressure sores on his sacrum and buttocks, according to court documents. He was transferred to Kindred’s Greenbriar facility for rehabilitation.

The lawsuit claims that he was noted to be at high risk for pressure sores by Greenbriar, and also claims that they were manageable and could have healed with proper treatment. They eventually became infected, resulting in sepsis.

Whitney, Jr. died on April 25, 2011, after being readmitted to St. Joseph’s with sepsis with metabolic encephalopathy.

The lawsuit accuses the employees of failing to document whether or not Whitney, Jr. was experiencing pain on his weekly pressure ulcer report, for failing to show that he was provided with appropriate pressure-relieving devices, for failing to prevent the development of additional bedsores, and for failing to prevent the worsening of his existing sores.

The family is seeking compensation for Whitney Jr.’s personal injuries, pain, suffering, medical bills, death, lawsuit costs, and attorney fees.

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