In 2015, at the age of 88, Kathryn Miller died at the Alden Court Nursing Care and Rehabilitation Center in Fairhaven, MA. Now, her son, Stephen P. Miller is suing the care facility for negligence resulting in her death.

In the lawsuit, Miller alleges the nursing home failed to take the proper steps to respond to Kathryn’s distress calls. The suit goes on to claim that this negligence is what resulted in Kathryn’s death.

The alleged initial negligence is only one part of the overall story. Miller also claims that Alden Court is covering up the incident in order to protect its nursing home staff who were believed to have been involved in the incident. Alden Court denies all claims and continues to protect the identities of four nurses who are employees at the care home.

The negligence itself, claims Millers, stems from an incident involving a clam that became lodged in Kathryn’s throat. This is allegedly what caused her to choke and eventually die as a result of asphyxiation. According to Miller, his mother’s death certificate states her cause of death was asphyxiation, however, Alden Court claims her death was caused by a seizure.

Miller has stated in an interview with The Standard-TImes, that his mother was in good health and was not sick prior to the incident surrounding her death. She arrived at Alden Court for rehabilitation after being treated for a broken hip at St. Luke’s Hospital due to a fall she suffered previously.

Miller has stated he’s undergone tremendous stress regarding the whole incident. He’s also expressed that he received little sympathy from Alden Court nursing care staff. He questions how his mother could have even been in a position to ingest a clam in the first place when her dietary restrictions didn’t allow her to eat clams. Alden Court states that they don’t even serve clams. All of this has no doubt caused much confusion and continued distress for Miller and other concerned members of the community.

There is also a discrepancy in how the incident unfolded. Alden Court had claimed that on the evening of her death, Kathryn returned to her room after just finishing a meal, and a staff member discovered she was having a seizure. This is what was reported when the EMS personnel who arrived on scene. However, Alden Court’s official records indicate that three hours passed between the time that Kathryn finished her meal and the time she suffered the alleged seizure.

Alden Court’s official statements do not address the timeline discrepancy involved in Kathryn’s death. Rather they simply claim that Alden Court “does not serve clams”. Miller’s attorney, Philip N. Beauregard is asking for $1 million in compensation and damages from Alden Court as a result of their alleged negligence. Read more on this story from The Standard-Times.

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