FARMINGTON – A New York widow has filed a wrongful death lawsuit against Franklin Memorial Hospital alleging that negligence by the nursing staff in 2000 led to her husband’s death at 43.
The lawsuit was filed in Franklin County Superior Court on Thursday and seeks all damages allowed under the state’s wrongful death law.
Deborah Poppe of Sloatsburg, N.Y., is alleging that the hospital’s nursing staff failed to reassess her husband’s condition after he underwent surgery in October 2000 and soon after complained of pain and swelling in his left leg.
The lawsuit also alleges that some of the nurses refused to call Poppe’s surgeon, David Dixon of Livermore Falls, despite repeated requests and the patient’s obvious discomfort.
Wayne Poppe died from deep vein thrombosis one day after undergoing a third surgical procedure to drain and irrigate an abscess in his groin.
Hospital spokesman Dan Marois declined to comment on the lawsuit Thursday.
“We are aware of the lawsuit,” he said, “but we are not able to comment on it at this time.”
Deborah Poppe is being represented by the Augusta firm of Lipman, Katz & McKee.
According to the four-page complaint, Wayne Poppe “was making excellent progress and plans were made to transfer him to his hometown in New York for further treatment” on Nov. 1, after Dixon had taken him to the operating room on three consecutive days to drain and clean the abscess.
That evening, Poppe began to complain of pain and swelling in his left leg. He and his wife asked the nurse on duty, as well as the charge nurse, to call Dixon. “They refused to do so,” according to the lawsuit.
The following morning, Poppe continued to complain of pain and swelling in his leg. He died that day as a result of an embolism in his leg, the lawsuit alleges.
The lawsuit alleges that the nursing staff failed to reassess Wayne Poppe’s condition, to record the change in his medical records and to develop an appropriate plan to care for Wayne Poppe’s changed condition.
Although the lawsuit was filed against the hospital, it singles out nurse Rebecca Thomas, who allegedly failed to document the care she gave to Wayne Poppe or his changed condition. It also singles out charge nurse Nancy Simpson, who allegedly did not appropriately assess the leg and did not properly advise Thomas to call Dixon nor take the initiative to do it herself.
The suit seeks unspecified damages for both Wayne Poppe’s emotional and physical distress, as well as his widow’s. He was the sole provider for the family and is survived by three young sons, according to the lawsuit.
The plaintiffs, Deborah Poppe and the estate of Wayne Poppe, have complied with all of the requirements of the Maine Health Security Act, according to the lawsuit. Among the requirements is a mandatory pre-litigation screening of the charges, which is intended to identify claims that have merit.
Under the Maine law, if the screening panel finds a case has no merit, it cannot advance to court.
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