Family sues over death from biopsy infection

AKRON — An Akron woman went to the hospital in February 2019 for leg pain.

Lillian Phinnessee had a biopsy on her leg that got infected.

For six months, the 62-year-old went back and forth between the hospital and local nursing homes, but the infection only worsened. She died in late August 2019.

Phinnessee’s family recently filed a wrongful death lawsuit against Summa Akron City Hospital and the two nursing homes that provided care for Phinnessee, as well as several doctors who treated her. The family was shocked by her death.

“Things like this are generally easily treated,” said Ben Pfouts, the Akron attorney representing the family. “Something wasn’t done correctly.”

Aisha Schwartz, Phinnessee’s daughter and the administrator of her estate, filed the lawsuit in Summit County Common Pleas Court. She is suing Bath Manor, a nursing home in Akron; Summa Health System; Akron City Hospital; Summa Physicians; several doctors; and Essex Healthcare of Tallmadge, a nursing home in Tallmadge that was recently purchased and is now called Colony Healthcare Center.

Phinnessee, a mother of three and grandmother of 14, went to Akron City Hospital on Feb. 29, 2019, because her leg was hurting. She was discharged to Bath Manor to undergo therapy, spending about 20 days there before returning home.

In mid-april, Schwartz went to pick up her mother for a doctor’s appointment and found her on the floor, unable to move. Phinnessee was taken to Akron City Hospital, where a biopsy was performed on her leg, which then became infected. She was discharged back to Bath Manor, according to the lawsuit.

Phinnessee remained at Bath Manor for about a month and the infection in her leg worsened. She was transported back to Akron City Hospital in late May for treatment of her infection and swelling in her leg.

In early June, Phinnessee was discharged to Essex Healthcare of Tallmadge. She remained there until midAugust when her goddaughter visited and thought she sounded confused, according to the lawsuit.

Phinnessee again returned to Akron City Hospital where she was placed on life support Aug. 19 and died three days later. She died from cardiac arrest from septic shock brought on by her infection, according to the lawsuit.

The lawsuit’s claims include medical negligence, negligence, conscious disregard and wrongful death. The suit, assigned to Judge Susan Baker Ross, seeks in excess of $25,000, plus costs, interest and attorney fees.

“The specifics of who did what and what they should have done or didn’t do, that’s something we’re going to have to find out in discovery,” Pfouts said.

Mike Bernstein, a spokesman for Summa Health System, declined to comment on the lawsuit.

Fred Stratman, the attorney for the Cincinnati-based Communicare company that owns Colony Healthcare Center, said he is unable to discuss pending litigation.

A phone call to Bath Manor seeking comment wasn’t returned.

Besides seeking compensation for their loss, Pfouts said the family hopes the lawsuit will help avoid a repeat of what happened.

“If there was something that wasn’t done or should have been done, we want to see safeguards put in place to make sure it doesn’t happen again,” the attorney said.