SMITHTON - A former resident of Bria of Smithton, a skilled care nursing facility in Smithton, has been awarded $3.5 million after an improperly treated infection led to the partial amputation of her right leg.

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The St. Clair County court ruled in favor of the 64-year-old woman on August 27, 2024. She was represented by Gianaris Trial Lawyers in Alton.

The resident developed an infection in her right great toe in 2022, which, according to the lawsuit filed by attorney Ted Gianaris, was not properly treated for many months. This led to sepsis, a bone infection, and gangrene. Eventually, the resident was sent to a hospital emergency room and underwent a below-the-knee amputation.

Prior to losing her leg, she had suffered a stroke that affected her left side, resulting in her confinement to a wheelchair.

“This poor lady had an infection for a long time before July of 2022, but the facility didn’t do the right thing. She had gangrene of her toe, and her family wasn’t told,” said Gianaris.

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The nursing home has been cited by the Illinois Department of Public Health for improper nursing care and violating the patient’s rights.

“Unfortunately, sometimes it takes a case like this to get a facility to take proper care of vulnerable people,” Gianaris elaborated.

Gianaris said the broader context of nursing home care in the United States is concerning. According to the Centers for Disease Control and Prevention, in 2020, the country had 15,300 nursing homes with 1.3 million residents. Over 70 percent of these facilities are owned by for-profit companies.

Gianaris noted, “Nurses and aides are notoriously overworked and underpaid. Some of these companies strive to make ever-greater profits at the expense of our most vulnerable population.”

State organizations like the Illinois Long-Term Care Ombudsman work to protect nursing home residents. The Residents’ Bill of Rights states, “Your facility must treat you with dignity and respect and must care for you in a manner that promotes your quality of life. Your facility must provide services to keep your physical and mental health at their highest practical levels.”

For more information, contact Gianaris Trial Lawyers at 618-681-9999 or visit lawforpeople.com.

Gianaris Trial Lawyers, headquartered in Southern Illinois, represents victims of catastrophic injuries and toxic exposures nationwide.

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