Wrongful death suit filed on behalf of decorated war hero

posted on:
January 30, 2009

author:
Wendi Lewis

FOR IMMEDIATE RELEASE

Beasley Allen Law Firm files wrongful death suit against HMR Advantage Health Systems of Bay Minette, Alabama on behalf of the family of Leroy Myers.

MONTGOMERY, ALA, January 30, 2009 — A lawsuit was filed today in the Circuit Court of Baldwin County, Ala., on behalf of the family of Leroy Myers, a decorated war veteran who died as the result of a fall on May 3, 2007, while under supervised nursing care at the W.F. Green State Veterans Home. Defendants named in the suit include HMR Advantage Health Systems, Inc.; Health Management Resources – Governmental Services, Inc.; HMR of Bay Minette, Inc.; and Health Management Resources, Inc. All of these companies had the responsibility for operation and management of the facility.

The suit alleges that the defendants’ negligence caused Mr. Myers’ death. Specific examples of negligent care prior to the fall were listed in the complaint. The suit was filed by Jere L. Beasley and J.P. Sawyer of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. in Montgomery, Ala., and Julian B. Brackin, Jr., of Brackin, McGriff and Johnson, P.C., in Foley, Ala.

Mr. Myers served his country during World War II in the U.S. Army 1st Ordinance Division. He was in five major battles including the invasion of Normandy on D-Day and the Battle of the Bulge, and received five Bronze Stars and one Silver Star. He was a true American hero.

The W.F. Green State Veterans Home was investigated by the U.S. Department of Justice, Civil Rights Division, which outlined its findings in a letter to Alabama Gov. Bob Riley dated Dec. 18, 2008. In this letter, Grace Chung Becker, Acting Assistant Attorney General for the U.S., states that “numerous conditions and practices at W.F. Green violate the constitutional and federal statutory rights of its residents.” The letter cites particular danger to residents’ well-being as a result of “inadequate medical and nursing services assessment, planning and care.”

“All residents of nursing homes deserve good care, attention and treatment, regardless of where they are located,” Mr. Beasley said. “That is especially true for a facility that has military veterans under its care. This facility failed to live up to the standards required by federal and state law. Mr. Myers was a true American hero and he deserved the very best of care, attention and treatment at this facility. He clearly failed to get it and that’s a shame and a disgrace.”

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