Father claims mentally disabled son died due to Orleans Parish facility's negligence

By Carrie Bradon | Aug 15, 2017

NEW ORLEANS – A father claims his mentally disabled son died due to negligence at an Orleans Parish health care facility.

Eric Anthony Marigny Sr., individually and on behalf of his deceased son, Bryant Joseph Marigny, filed a lawsuit against The New Orleans Home for Incurables, doing business as John J. Hainkel Jr. Home & Rehabilitation Center, and Dr. Parimal Parikh in Orleans Parish Civil District Court alleging negligence.

According to the complaint, the plaintiff's son, who had autism and was mentally disabled, was a resident at the defendant's facility. He required constant aid and care from the staff at the property as he struggled with daily necessities, such as eating and drinking. After he was admitted to Ochsner via ambulance on Aug. 10, 2014, and discharged to the defendant's facility, he showed signs of dehydration, and the Hainkel staff allegedly did nothing. Over the next several months, the staff allegedly didn't provide care for the man even though he failed to respond. The plaintiff's son died Nov. 4, 2014.

The defendant is accused of negligence, breach of the standard of care and overall gross negligence by failing to care for the plaintiff's son in the manner he needed.

The plaintiff seeks all reasonable damages, court costs, attorney fees and all appropriate relief. The plaintiff is represented by attorney Richad T. Gallagher Jr. of Gallagher, Westholz & Potter in Metairie.

The case has been assigned to Division J Judge Cherrell S. Taplin.

Orleans Parish Civil District Court case number 2017-6539

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