A family is seeking justice after a tragic incident at a rehabilitation center led to the death of their loved one. Robert F. Burckhardt, Jr. and Sherry Burckhardt-Demarco, administrators of the estate of Robert F. Burckhardt Sr., filed a complaint against Advanced Subacute Rehabilitation Center at Sewell, LLC in the Superior Court of New Jersey on March 17, 2020. The lawsuit accuses the facility of negligence and violations under the New Jersey Nursing Home Responsibilities and Rights of Residents Act following their father’s death.
The case revolves around the unfortunate events that occurred shortly after Robert Sr.’s readmission to the facility on January 25, 2019. Suffering from lymphedema and dysphagia, Robert Sr. was found choking on his breakfast by his son the next morning. Despite immediate intervention by staff and emergency responders, he suffered cardiac arrest and passed away two days later. The plaintiffs allege that inadequate monitoring contributed to this tragedy, asserting that the facility failed in its duty to provide appropriate care as mandated by law.
In their complaint, the plaintiffs argue that Advanced Subacute Rehabilitation Center held itself out as a specialist in adult nursing care but failed to prevent or adequately respond to choking incidents due to negligence in training and supervision. They claim this negligence directly resulted in their father’s death and seek punitive damages for what they describe as “outrageous” conduct by the facility. The plaintiffs’ expert witnesses testified about systemic failures in care planning and execution at the facility but did not directly link these failures to causation.
Despite these allegations, a directed verdict was granted in favor of the defendants due to insufficient evidence proving proximate causation between any alleged lapses in care and Robert Sr.’s death. The court noted that while experts identified breaches in standard care practices, they did not establish how these breaches specifically caused or exacerbated Robert Sr.’s condition leading to his demise.
The plaintiffs have appealed this decision, arguing that proof of causation should not be necessary under claims related to residents’ rights violations per N.J.S.A. 30:13-5(j). However, courts have generally required some demonstration of harm resulting from such violations for claims seeking actual damages.
Representing the appellants is Richard J. Talbot from the Law Office of Andrew A. Ballerini; Walter F. Kawalec III represents respondents from Marshall Dennehey PC with Lynne N Nahmani also on brief duty alongside him during proceedings before Judges Rose DeAlmeida Torregrossa-O’Connor who presided over Docket No A191723
Source: A191723_Burckhardt_v_Advanced_Subacute_Rehabilitation_Center_at_Sewell_LLC_Opinion_New_Jersey_Superior_Court_of_Appeals.pdf