Wrongful death lawsuit filed against medical center following patient’s fractured femur

NEW ORLEANS - A Louisiana family alleges their sister’s death was a result of an improper transfer back to a wheelchair, according to a wrongful death lawsuit filed against the medical center.

Mark K. Daffron, individually, as an heir, and as succession administratrix of Mable Daffron, Beverly Boudeaux and Betty Ann Pellegrin, individually and as an heir of Mable Daffron, and additionally on behalf of Mable Daffron filed suit against Southern Dialysis Services Inc. and Fresenius Medical Care Louisiana Dialysis Group on July 9 in Terrebonne Parish District Court. The defendants removed the case to federal court in New Orleans on Aug. 16.

The complaint states that Mable Daffron went to Fresenius Medical Care on Feb. 11, 2011 for one of her tri-weekly dialysis treatments. At the completion of her treatment, Daffron was being transferred back to her wheelchair when Fresenius employees caused a fracture in her femur, the suit claims. According to the lawsuit, Daffron had to undergo surgery for the fracture the following day.

The defendants are accused of negligence for lacking the requisite degree of knowledge or skill in the care and dialysis treatment of Daffron, or that the employees did not have the requisite degree of knowledge or skill in dialysis treatment or proper transfer handling of patients undergoing dialysis treatment.

The plaintiffs allege that Daffron’s death, which occurred on March 26, 2011, was caused by the acts and omissions of the defendants.

The lawsuit is seeking an award of survival damages and wrongful death damages for physical and mental pain, suffering and discomfort, disfigurement, loss of enjoyment of life, medical expenses, interest, and court costs.

The plaintiffs are represented by Houma attorney Timothy C. Ellender, Jr.

U.S. District Judge Stanwood R. Duval Jr. is assigned to the case.

Case No. 2:13-cv-05461