Texas Lawsuit Alleges Nursing Home Staff’s Aggressive Suctioning Led To Resident’s Death

A lawsuit filed on November 3, 2021 in the District Court of Harris County, Texas against ARC Post Oak, LP d/b/a Brookdale Galleria alleges that an employee of the defendant nursing home was too aggressive in attempting to suction the mouth of a resident, thereby causing heavy bleeding and leading to the resident’s death.

The Texas nursing home negligence wrongful death lawsuit alleges, in part: “Prior to her death, Aneta Cupp was under the care of Brookdale Galleria. While under the care of Brookdale Galleria, she required suctioning and an employee of Brookdale Galleria attempted to suction her mouth. When the Brookdale Galleria [employee] could not get the suctioning tubing into her mouth and throat, she forced the tube into her mouth and throat. This overly aggressive and improper suctioning resulted in heavy bleeding from the mouth and throat of Aneta Cupp and contributed to her death.”

The lawsuit alleges that the defendant’s actions “involved an extreme degree of risk, considering the probability of harm to Plaintiff … Brookdale Galleria had actual, subjective awareness of the risks involved in the above-described acts or omissions, but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of Plaintiff and others. Therefore, for such gross negligence on the part of Brookdale Galleria, Plaintiff sue for exemplary damages in an amount to be determined at trial.”

The Plaintiff in the Texas nursing home lawsuit is Charles Cupp, who sued individually and on behalf of the Estate of Aneta J. Cupp. Mr. Cupp seeks damages for loss of society, companionship, pecuniary loss, loss of consortium, and his mental anguish as a result of Aneta’s death, as well as damages for Aneta’s conscious pain and suffering, her pain and mental anguish, medical expenses, funeral and burial expenses, and other damages. As stated above, he also seeks exemplary (punitive) damages based on the alleged facts.


Brookdale Galleria states on its website: “One of Texas’ leading skilled nursing providers, Brookdale Galleria Skilled Nursing has provided award-winning treatment to individuals for many years. Our team of top healthcare professionals delivers quality care that will improve your health and get you back on your feet faster. We have an excellent in-house therapy staff that provides services regularly throughout the week. At Brookdale Galleria Skilled Nursing, you’ll receive attentive service through every step of the journey. Our environment resembles a warm and inviting home, where guests stay in well-appointed accommodations. Our staff members are available around the clock to ensure that our guests’ personal and care needs are being met. Not only will you be receiving top-notch care, you’ll be getting it in a comfortable, relaxing environment.”


If you or a loved one suffered injuries (or worse) while a resident of a nursing home in Texas or in another U.S. state due to nursing home neglect, nursing home negligence, nursing home abuse, nursing home under-staffing, or the nursing home failing to properly care for a vulnerable adult, you should promptly find a nursing home claim lawyer in Texas or a nursing home claim lawyer in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or behalf of your loved one, if appropriate.

Click here to visit our website to be connected with medical malpractice attorneys (nursing home claim attorneys) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.

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This entry was posted on Saturday, December 25th, 2021 at 5:25 am. Both comments and pings are currently closed.


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