By Jodi Hausen,Staff Writer

FARMINGTON – Franklin Memorial Hospital officials have filed a response to a wrongful death lawsuit brought by a New York widow, saying the hospital treated her husband and was not negligent.

The response was submitted to Franklin County Superior Court on Wednesday in the case of Wayne Poppe, 43, of Sloatsburg, N.Y., who died in November 2000 of a blood clot in his lung, the hospital said. His widow, Deborah Poppe, filed the lawsuit three weeks ago.

Attorney George C. Schelling, representing the hospital, confirmed that Wayne Poppe was treated at the hospital emergency room in late October 2000, was admitted two days later and treated in the operating room on three consecutive days for an abscess in his groin.

Poppe died the day after the third surgery while waiting to be transferred to a medical facility near his home, according to court documents.

The lawsuit alleges that the nursing staff failed to reassess Poppe’s condition after he complained the evening after his third surgery of pain and swelling in his left leg, which was caused by a blood clot.

It also alleges the nursing staff failed to assess his condition, record the change or develop an appropriate plan of care. It singles out nurse Rebecca Thomas, who allegedly failed to document the care she gave to him or his changed condition, and charge nurse Nancy Simpson, who allegedly did not appropriately assess the leg or advise Thomas to call Poppe’s doctor or do it herself.

In response to the brief filed on March 10 on behalf of Deborah Poppe, the hospital attorney alleged that any injuries sustained by Wayne Poppe were the result of negligence by third parties over whom the hospital had no control, that the patient was equally or more responsible for his own demise, and that the complaint “fails to state a claim upon which relief can be granted.”

In a letter posted on the hospital’s Web site several days after the lawsuit was initially filed, Richard Batt, president of Franklin Memorial Hospital, wrote that previous news articles about the suit describe only the plaintiff’s perspective and allegations.

“There are many facts not yet evident publicly because our response is not yet on the public record,” he wrote. “Nationally respected professionals have reviewed the facts of this case and support the care given by our nurses to the patient,” he continued.

Hospital spokesman Dan Marois said Thursday, “We have no other comment.”

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.