Family sues nursing home over mother's death

The family of a woman who died following treatment at a Milford facility is suing after family members say the woman was given drugs without their consent.

Sylvia Pierce was living in Genesis Healthcare Inc. in 2014 when the rehabilitation center gave her Zyprexa and other drugs intended to treat mental illness, according to a lawsuit filed Sept. 2 in Superior Court. As a result, the lawsuit states, Pierce's health deteriorated dramatically, and she died less than two months later.

The drugs were administered without legal consent from her children, Robert Pierce and Sandra Ahn, who held medical powers of attorney and were the only people who could approve the use of the drugs because their mother lacked capacity to consent, said Chase Brockstedt, attorney representing Pierce's family.

A former elementary school teacher who lived most of her life in Kent County, Pierce moved to Heritage at Milford in 2012. She was diagnosed with dementia but could still carry out routine daily activities. In September 2014, Pierce was admitted to Bayhealth Medical Center for constipation and impaction and was released after five days to Genesis's Milford Center for rehabilitation.

From the time she was admitted to the Milford center to Nov. 6, the lawsuit states, Pierce was given Zyprexa to stop her from yelling out.

Warnings on the Zyprexa label clearly state that elderly patients with dementia-related psychosis are at increased risk of death when treated with antipsychotic drugs, and Zyprexa is not FDA approved for treatment of those patients, the lawsuit states.

Zyprexa is an atypical antipsychotic drug, a group of extremely powerful psychotropic drugs which the U.S. Food and Drug Administration has approved for the treatment of psychotic conditions such as schizophrenia and bipolar disorder. An evaluation never identified that Pierce suffered from bipolar disorder or schizophrenia.

Most importantly, the FDA has warned that Zyprexa brings an increased risk of death for elderly patients with dementia-related psychosis, said Brockstedt, who is joined by AARP Foundation Litigation in the lawsuit.

Genesis employees also gave Pierce the drugs Remeron and Zyloft without first consulting with her children.

“Mrs. Pierce's medical condition deteriorated rapidly due to defendants' care,” the lawsuit states.

On Nov. 6, Pierce's children enrolled her in hospice, and she died at Robert Pierce's home two days later.

“We are devastated,” Robert Pierce said in a statement. “We put our trust in Genesis Healthcare and the Milford Center to care for our mother. Instead, they overmedicated her with drugs that had deadly consequences for her without my family's knowledge or consent. We are filing this lawsuit with the hope of alerting other families to dangerous nursing facility treatment of people with dementia.”

The lawsuit accuses Genesis and its employees of negligence and breach of fiduciary duty in their willful, wanton, reckless and intentional abuse and neglect. “Mrs. Pierce suffered conscious physical and emotional injury from Sept. 10 to the time of her death on Nov. 8,” the lawsuit states.

The lawsuit seeks punitive damages to cover medical bills, funeral expenses and other costs or compensatory damages that the judge sees fit. A trial by jury is demanded.

"Our firm is on the front lines of nursing home litigation in Delaware with the goal to protect the aged and hold those responsible for abuse and neglect accountable. This case is a tragic example of what happens when patient care is secondary to corporate profits," Brockstedt said.

A Genesis representative could not be reached for comment.