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Family Claims Wrongful Death In Nursing Home Lawsuit

POSTED: 7:41 am PST December 14, 2007
UPDATED: 7:51 am PST December 14, 2007

A family sued a Portland nursing home Thursday, claiming workers dropped a family member on the floor and never responded to her cries for help.

Sara Cunningham said her mother, Linda Ober, had previously suffered a series of strokes and other ailments, requiring her to get maximum assistance at the Gateway Care and Retirement Facility in Portland.

In October 2006, aides were transferring her from a wheelchair when Ober fell to the floor.

X-rays and a subsequent investigation by a state agency showed Ober broke both legs above her knees.

Ober's family said the X-rays are evidence of the injuries and neglect. They filed their lawsuit Thursday, claiming negligence and wrongful death, and asked the district attorney to conduct a criminal investigation.

"They just stuck her back in the bed, knowing she was injured," said Tom D'Amore, the family's attorney.

The administrator of the Gateway Care and Retirement Center replied in a written statement:

"Ober was a beloved resident of Gateway Care Center ... An incident of this type has never happened before or since, and measures have been taken to prevent anything similar in the future .... however, there are significant false and/or misleading statements ..."

Sara Cunningham said her mother remained mentally alert, despite her physical ailments. She said the care center staff told her mother the pain was all in her head and the accident never happened.

Cunningham said she learned of the injury when the nurse at the hospital called to tell her that her mother had died.

"My mom was probably wondering where I was," Cunningham said.

Cunningham said she lives one mile away from the care center. Her attorney said the facility was fined $3,000 after a state investigation.

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