TOM MORTON Star-Tribune staff writer | Posted: Friday, March 2, 2007 12:00 am
The widow of a 52-year-old man is suing a Casper nursing home for the wrongful death of her husband on Dec. 8, 2004, according to a complaint filed in 7th District Court on Tuesday.
Sheila Myers claims her husband, Leslie Simpson, received deep suctioning treatment on Dec. 5 and 6 at the Wyoming Medical Center for a mucus plug stuck in his windpipe, and was transferred to Shepherd of the Valley Care Center on Dec. 6, according to the complaint filed by Myers' attorneys Robert Tiedeken of Cheyenne and Jeremy Michaels of Gillette.
Simpson's doctors and respiratory therapists ordered the nursing home staff to closely monitor his condition and continue with deep suction and cleaning the tube in his windpipe, according to the complaint.
From 7 a.m. Dec. 7 until 2 a.m. Dec. 8, staff notes describe at least four nurse check-ups on Simpson to administer medications and perform other procedures, but not to perform the required "trach care," according to the complaint.
At 3:30 a.m. Dec. 8, nursing home staff went to Simpson's room and found him non-responsive and lacking vital signs, according to the complaint.
"His legs and arms were sprawled apart and his bed covers disheveled, evidencing the patient's apparent distress," according to the complaint.
Simpson was pronounced dead at that time, according to the complaint.
An autopsy performed on Dec. 9 determined Simpson died from a mucus plug within his tracheostomy tube, which resulted in cardiopulmonary arrest.
"Had appropriate and proper tracheostomy care and suctioning been performed by staff of the Shepherd of the Valley Care Center, Decedent Leslie Simpson would have survived," according to the complaint.
Keith Skatrud, administrator of Shepherd of the Valley, said Thursday he had not been served with the lawsuit and had no comment.
On Nov. 15, 2006, Myers and her attorneys submitted a claim to the Wyoming Medical Review Panel, which was created by the Legislature in 2005 in an attempt to reduce the number of frivolous malpractice suits.
Both Myers and the nursing home agreed not to take the matter before the review panel, and received an order from the review panel's director allowing the dismissal, according to the complaint.
Myers is suing for damages including a loss of future economic support, companionship and funeral expenses, according to the complaint.
Simpson led an adventurous life, according to his obituary published in the Star-Tribune on Dec. 14, 2004.
He was born and raised in Dollar, Scotland, and became a journeyman electrician.
At 21, he moved to South Africa where he worked as an electrical engineer, and later worked in Chile and India.
In 1993, he moved to the United States and worked as a service representative in Milwaukee; lived in Arizona; then moved to Gillette.
In the summer of 1999, he was a project manager in Canada and traveled in Regina, Calgary, British Columbia, Quebec and Montreal.
That year, he married Myers in Canada.
An avid outdoorsman, he loved fishing, hiking, bird-watching, and gardening; and enjoyed barbecuing with friends and family, listening to baseball on the radio and watching it on television, attending Colorado Rockies games, and building and fixing things.
Survivors included his wife; parents; two sons; stepson and stepdaughter in Johannesburg, South Africa; and a brother, according to the obituary.
Reporter Tom Morton can be reached at (307) 266-0592, or at Tom.Morton@casperstartribune.net.