The daughter of a Joplin Gardens patient who died May 7, 2025 has filed a wrongful death lawsuit against the skilled nursing facility.
The lawsuit, which was filed today in Jasper County Circuit Court, by Michelle Killman, alleges negligence in her father Martin Davey's treatment that caused his death.
From the petition:
As a result of his defenseless and dependent condition, Davey relied upon the defendant nursing home to provide for his safety, protection, care, and treatment.
On admission to the Facility Davey’s diagnosis and physician's orders made his dependence on the Facility and its staff clear.
On admission to the Facility Davey had a history and diagnosis which made him a risk for pressure injuries, skin breakdown, immobility-related complications, and pneumonia.
That the Facility operated by Defendant conducted an evaluation and care plan for Davey that identified Davey as being at risk for pressure injuries, skin breakdown, and immobility-related complications. The care plan implemented various items, including turning schedules, heel off-loading, specialty mattresses, close wound surveillance, barrier cream, collagen powder, antifungal treatment, and wound-care-provider referral, to address this issue.
On or about September 24, 2024, the Facility admitted Davey following a stay at Freeman Hospital for a fractured hip/femur.
Upon admission on September 24, 2024, Facility staff noted “non-blanchable” area on Davey’s coccyx and reddened areas on both heels.
On or about September 26, 2024, the Facility documented open areas on Davey’s buttocks consistent with a nonblanchable, Stage II pressure injury.
On October 7, 2024, the wound care nurse assessed Davey’s feet and surgical wounds, with no mention of the buttocks or coccyx.
On or about October 8, 2024, the Facility documented that Davey was incontinent of bowel and wearing “adult protection.”
During the next several weeks, Davey’s buttocks and coccyx injuries received little or no attention, despite the indications on admission.
On November 1, 2024, a new wound was documented on Davey’s left buttock.
On November 21, 2024, x-rays revealed that Davey’s tendons were exposed in both heels.
On or about November 25, 2024, the Facility received wound culture results from Davey’s heels showing MRSA.
On or about December 4, 2024, the Facility found Davey with a red and swollen face, fever, shortness of breath, and “wet” gurgling lungs.
On December 7, 2024, a nurse at the Facility entered a note indicating a plan to call Monday to obtain administrator approval for an antibiotic, but subsequent notes provide no indication such a call was ever made.
On or about December 11, 2024, the Facility found Davey confused and drooling, later noting that he was leaning to the right, had slurred speech, and kept falling asleep.
By failing to timely prevent, assess, monitor, and treat Davey’s pressure injuries, immobility, wound infection, swallowing decline, pneumonia, and significant condition changes, the Facility allowed those conditions to worsen and progress.
As Davey’s conditions worsened, he became weaker, more immobile, and less able to recover, and his deterioration ultimately progressed to his final hospitalization for respiratory distress and death on May 6 to May 7, 2025.
The Facility allowed Davey’s pressure injuries, infection, immobility, respiratory decline, and overall deterioration to progress without timely and appropriate assessment, intervention, treatment, monitoring, and physician notification, thereby causing and directly contributing to his untimely death.
Killman, who is represented by Alan N. Barker of Smolen Law, Tulsa, Oklahoma, is seeking damages and punitive damages.
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