A family behind a medical malpractice suit against a Brunswick County nursing home is now moving the case out of the courts.
Frank Phelps III filed a medical malpractice suit against Brunswick Health &
Rehab, LLC, for the "wrongful death" of his mother, Anne Phelps. Following two months of waiting and another family speaking out, new court documents show the lawsuit going a different route.
Brunswick Health & Rehab is a 100-bed nursing home in Ash that offers senior rehabilitation, long-term care, short-term care and 24-hour skilled nursing, according to its website.
Attorney Anna Kalarites, representing Phelps, filed a complaint to county court on June 8. The complaint lays out accusations, financial compensation request and the timeline of events surrounding Anne Phelps' death.
Time extensions for Brunswick Health to answer the complaint were filed by Attorney Suzanne Walker with Young Moore and Henderson, P.A., in July. Brunswick Health was granted an extension to file a response by Aug. 22. However, court records show both parties agreed that an existing agreement will govern claims made in the complaint.
Residency and death of Anne Phelps
Anne Phelps moved into the facility in 2019 at the age of 76 after experiencing a stroke. On July 9, 2024, Anne Phelps was sent to Novant Health Brunswick Medical Center due to an increase in shoulder pain that stretched to her stomach.
Novant doctors diagnosed Anne Phelps with multiple health problems, including sepsis and a urinary tract infection, ultimately leading to her death on July 11, 2024.
Several care plans were created at the facility for Anne Phelps months before her death that addressed dietary intake and dehydration, as well as fall risks. However, the complaint states staff did not properly mark the plans.
Phelps' family is suing for medical negligence, claiming the facility failed to use best judgement in treatment and reasonable care. The complaint alleges the company also failed to allocate sufficient funds for adequate staffing to provide quality care and supervision to its residents, leading to negligence and suffering.
Walker declined the StarNews' request for comment. However, she confirmed the case will no longer be public.
Moving the case behind closed doors
Patients who move into a skilled nursing facility often sign admission paperwork that includes a binding arbitration agreement, Kalarites previously explained. If the patient believes there was negligence at the facility, the agreement keeps the case confidential and out of the public.
Anne Phelps entered an arbitration agreement on or around May 11, 2023, with Brunswick Health regarding her residency, according to filed court documents.
Kalarites and Walker jointly requested the matter remain "pending" and submit the case to binding arbitration. On Aug. 10, a judge granted the request and ordered the case be placed in inactive status and closed administratively.
An arbitration agreement moves the case from a jury trial in superior court to a panel decision in a private dispute resolution. A panel of one to three people would be chosen and the results would be confidential, said Kalarites.
"They would prefer it to be in the public, to let everyone know what happened here," Kalarites previously told the StarNews.
The underlying arbitration shall be completed by Aug. 10, 2027, according to the judge's order. In addition, the order states the matter could be reopened by either party.
Dropping a defendant from the case
Autumn Corporation was also a defendant because it is the parent company listed in the nursing license renewal application for the facility, Kalarites explained. Both defendants are owned by Saber Healthcare Group
On Aug. 11, Kalarites filed a motion to voluntary dismiss all claims against Autumn Corporation, LLC, without prejudice.
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Savanna Tenenoff covers Brunswick County for the StarNews. Reach her at stenenoff@usatodayco.com.
This article originally appeared on Wilmington StarNews: Brunswick nursing home 'wrongful death' suit moves out of public | Exclusive
