Wrongful death lawsuit filed against Milton-Freewater Rehabilitation Center


SEATTLE, WA – Seattle-based Marler Clark filed a lawsuit against the Evergreen Milton-Freewater Rehabilitation Center Monday on behalf of the estate of Naomi White, an elderly resident who suffered debilitating injuries while in the care of the rehabilitation center. In the lawsuit, which was filed in Multnomah County Circuit Court, attorneys allege that Ms. White’s injuries ultimately resulted in her death.

The lawsuit states that both of Ms. White’s legs were fractured when an employee who was transferring her from her bed to a chair dropped her on October 29, 2004. The employee was either unaware of, or disregarded, instructions to use a mechanical lift during transfers. Following the fall, that employee did not seek medical attention for Ms. White, but instead placed Ms. White back in her bed. Evergreen employees did not seek medical attention until October 31. Ms White was transferred to Walla Walla General Hospital, where she was diagnosed with bilateral leg fractures. On March 22, 2005, Ms. White passed away at the Good Samaritan Center in Hermiston, Oregon, where she was undergoing rehabilitation for her earlier injuries.

“Evergreen’s employees not only failed to report the fall that caused my client’s injuries – they showed a blatant disregard for Naomi’s health by ignoring her condition for two days,” said David Babcock, an associate with Marler Clark.

Attorneys seek compensation for Ms. White’s disability, pain, and suffering that resulted from her fall, and for expenses for medical services and memorial services.

“She had been a resident at this facility for several years, and her family trusted that she was receiving the same quality of care that any of those employees would have provided to their own families,” Babcock continued. “Sadly, that wasn’t the case.”

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BACKGROUND: David Babcock joined Marler Clark in 2001. Prior to joining Marler Clark, Mr. Babcock practiced in the areas of products liability, government liability, insurance bad faith, and medical and nursing home negligence in Arizona. At Marler Clark, Mr. Babcock's practice has focused on multiple party complex litigation, most commonly related to foodborne illness outbreaks. Representing children and the elderly has been a central focus of Mr. Babcock's practice.