Filing# 139401127 E-Filed 11/30/2021 05:40:21 PM
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, STATE OF FLORIDA
`CIVIL DIVISION
`
`THE ESTATE OF ROBERT O. CASH, by and
`through ROBERT OWEN CASH, III,Personal
`Representative,
`
`Plaintiff
`
`VS.
`
`BROWARD NURSING & REHABILITATION
`CENTER, LLC.; MILLENNIUM
`CONSOLIDATED, LLC.; ANDREWS AVENUE
`FACILITY, LLC.; HBA THERAPY SERVICES,
`INC.; POLARIS PHARMACY SERVICES OF
`TAMPA, LLC.; BARTON DAVID WEISMAN;
`HOWARD LIONEL LIPSCHUTZ; JODY A.
`RODGERS; and JOHN WILLIAM HYMANS (as
`to BROWARD NURSING AND
`REHABILITATION CENTER),
`
`Defendants.
`
`i
`
`CASE NO:
`
`COMPLAINT
`
`Plaintiff,THE ESTATE OF ROBERT O. CASH, by and through ROBERT OWEN CASH,
`
`III,Personal Representative,and by and through undersigned counsel,hereby sues Defendants,
`
`BROWARD NURSING & REHABILITATION
`
`CENTER,
`
`LLC;
`
`MILLENNIUM
`
`CONSOLIDATED, LLC; ANDREWS AVENUE FACILITY, LLC; HBA THERAPY
`
`SERVICES, INC.; BARTON DAVID WEISMAN; HOWARD LIONEL LIPSCHUTZ; JODY A.
`
`RODGERS; and JOHN WILLIAM HYMANS; and alleges:
`
`JURISDICTION, PARTIES AND VENUE ALLEGATIONS
`
`1.
`
`This is an action for damages in excess of ThirtyThousand Dollars ($30,000.00).
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/30/2021 05:40:19 PM.****
`
`
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, STATE OF FLORIDA
`CIVIL DIVISION
`
`THE ESTATE OF ROBERT O. CASH, by and
`through ROBERT OWEN CASH, III,Personal
`Representative,
`
`Plaintiff
`
`VS.
`
`BROWARD NURSING & REHABILITATION
`CENTER, LLC.; MILLENNIUM
`CONSOLIDATED, LLC.; ANDREWS AVENUE
`FACILITY, LLC.; HBA THERAPY SERVICES,
`INC.; POLARIS PHARMACY SERVICES OF
`TAMPA, LLC.; BARTON DAVID WEISMAN;
`HOWARD LIONEL LIPSCHUTZ; JODY A.
`RODGERS; and JOHN WILLIAM HYMANS (as
`to BROWARD NURSING AND
`REHABILITATION CENTER),
`
`Defendants.
`
`i
`
`CASE NO:
`
`COMPLAINT
`
`Plaintiff,THE ESTATE OF ROBERT O. CASH, by and through ROBERT OWEN CASH,
`
`III,Personal Representative,and by and through undersigned counsel,hereby sues Defendants,
`
`BROWARD NURSING & REHABILITATION
`
`CENTER,
`
`LLC;
`
`MILLENNIUM
`
`CONSOLIDATED, LLC; ANDREWS AVENUE FACILITY, LLC; HBA THERAPY
`
`SERVICES, INC.; BARTON DAVID WEISMAN; HOWARD LIONEL LIPSCHUTZ; JODY A.
`
`RODGERS; and JOHN WILLIAM HYMANS; and alleges:
`
`JURISDICTION, PARTIES AND VENUE ALLEGATIONS
`
`1.
`
`This is an action for damages in excess of ThirtyThousand Dollars ($30,000.00).
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/30/2021 05:40:19 PM.****
`
`
`
`2. On November 15, 2019, ROBERT O. CASH was admitted to BROWARD NURSING
`
`AND REHABILITATION CENTER, located at 1330 S. Andrews Ave., Fort Lauderdale, FL
`
`33316, in Broward County, where ROBERT O. CASH remained in primary residence until he was
`
`dischargedon December 09,2019.
`
`3
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`Plaintiff,ROBERT OWEN CASH, III, is the Personal Representativeof THE
`
`ESTATE OF ROBERT O. CASH. Letters ofAdministration, dated October 29,2020, evidencing
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`ROBERT OWEN CASH, III's authorityto bring this action on behalf of THE ESTATE OF
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`ROBERT O. CASH are attached hereto as Exhibit "A. ..
`
`4.
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`BROWARD NURSING AND REHABILITATION CENTER is a fictitious name
`
`owned by Defendant, BROWARD NURSING & REHABILITATION CENTER, LLC.
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`5.
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`Defendant, BROWARD NURSING & REHABILITATION CENTER, LLC, is an
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`Active Florida limited liabilitycorporation,with its principalplaceofbusiness at 1330 S. Andrews
`
`Ave., Fort Lauderdale, FL 33316, which is doing business in Florida.
`
`6.
`
`Defendant, BROWARD NURSING & REHABILITATION CENTER, LLC
`
`conducted and engaged in business activities within the State of Florida; engaged in substantial
`
`and not isolated activities within the State of Florida;and purposely availed itself ofthe privileges
`
`of the State of Florida,through its ownership of,leasingof,operationof,management of,and/or
`
`consultation with nursinghomes, includingBROWARD NURSING AND REHABILITATION
`
`CENTER, within the State of Florida. Accordingly, pursuant to Florida Statute §48.193,
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`BROWARD NURSING & REHABILITATION CENTER, LLC is subjectto the jurisdictionof
`
`the courts of the State of Florida.
`
`7.
`
`BROWARD NURSING & REHABILITATION CENTER, LLC committed
`
`tortious acts againstROBERT O. CASH in the State of Florida. Each tortious act is specifically
`
`2
`
`
`
`alleged in the subsequent counts. Accordingly, pursuant to Florida Statute §48.193(1)(b),
`
`BROWARD NURSING & REHABILITATION CENTER, LLC is subjectto the jurisdictionof
`
`the courts of the State of Florida.
`
`8
`
`BROWARD NURSING & REHABILITATION CENTER, LLC is a licensee that
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`operated the nursing home during ROBERT O. CASH's residency and as such owed a duty to
`
`ROBERT O. CASH to exercise reasonable care in its operationaccording to §400.023, Florida
`
`Statutes.
`
`9. Defendant, MILLENNIUM CONSOLIDATED, LLC is an active Florida limited
`liabilitycompany, with its principalplace of business at 5310 NW 33rd Ave., Ste. 211, Ft.
`
`Lauderdale, FL 33309, which is doing business in Florida.
`
`10.
`
`MILLENNIUM CONSOLIDATED, LLC owns approximately 40 percent of
`
`defendant, BROWARD NIRSING & REHABILITATION CENTER, LLC.
`
`11.
`
`MILLENNIUM CONSOLIDATED, LLC conducted and engaged in business
`
`activities within the State of Florida;engaged in substantial and not isolated activities within the
`
`State of Florida;and purposely availed itself of the privilegesof the State of Florida,through its
`
`ownership of, leasingof, operationof,management of, and/or consultation with nursing homes,
`
`includingBROWARD NURSING AND REHABILITATION CENTER, within the State of
`
`Florida. Accordingly,pursuant to Florida Statute §48.193, MILLENNIUM CONSOLIDATED,
`
`LLC is subjectto the jurisdictionof the courts of the State of Florida.
`
`12.
`
`MILLENNIUM CONSOLIDATED, LLC committed tortious
`
`acts against
`
`ROBERT O. CASH in the State of Florida. Each tortious act is specificallyalleged in the
`
`subsequent counts. Accordingly, pursuant to Florida Statute §48.193(1)(b),MILLENNIUM
`
`CONSOLIDATED, LLC is subjectto the jurisdictionofthe courts ofthe State of Florida.
`
`3
`
`
`
`13.
`
`MILLENNIUM CONSOLIDATED, LLC is an entitythat operated,managed and
`
`oversaw BROWARD NURSING AND REHABILITATION CENTER, and as such, owed a duty
`
`to ROBERT O. CASH to exercise reasonable care accordingto §400.023, Florida Statutes.
`
`14.
`
`Defendant, ANDREWS AVENUE FACILITY, LLC, is the owner of
`
`property located at 1330 S. Andrews Ave., Fort Lauderdale, FL 33316, which is the property upon
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`which the BROWARD NURSING & REHABILITATION CENTER is situated.
`
`15.
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`ANDREWS AVENUE FACILITY, LLC had the authorityto and did exercise
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`control over the funds available to the facilityfor the use and benefit of the residents,including
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`ROBERT O. CASH.
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`16.
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`ANDREWS AVENUE FACILITY, LLC required rents or other compensation
`
`from funds it knew or reasonablyshould have known were necessary for ROBERT O. CASH's
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`support and maintenance. ANDREWS AVENUE FACILITY, LLC knew or reasonablyshould
`
`have known that such conduct would deprive the facilityof adequate resources to provide for the
`
`wellbeingof facilityresidents,includingROBERT O. CASH.
`
`17.
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`ANDREWS AVENUE FACILITY, LLC shared control over the operation of
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`BROWARD NURSING & REHABILITATION CENTER through its authorityto control the
`
`funds available to the facilityfor the use and benefit of the residents,includingROBERT O.
`
`CASH, and as such owed a duty to ROBERT O. CASH to exercise reasonable care accordingto
`
`§400.023, Florida Statutes.
`
`18.
`
`ANDREWS AVENUE FACILITY, LLC, is an active Florida limited liability
`company, with its principalplace of business at 5310 NW 33rd Ave., Ste. 211, Ft. Lauderdale, FL
`
`33309, which is doing business in Florida.
`
`4
`
`
`
`19.
`
`ANDREWS AVENUE FACILITY, LLC conducted and engaged in business
`
`activities within the State of Florida;engaged in substantial and not isolated activities within the
`
`State of Florida;and purposely availed itself of the privilegesof the State of Florida,through its
`
`ownership of, leasingof, operationof,management of, and/or consultation with nursinghomes,
`
`includingBROWARD NURSING & REHABILITATION CENTER, within the State of Florida.
`
`Accordingly,pursuant to Florida Statute §48.193, ANDREWS AVENUE FACILITY, LLC is
`
`subjectto the jurisdictionofthe courts ofthe State of Florida.
`
`20.
`
`ANDREWS AVENUE FACILITY, LLC committed tortious acts againstROBERT
`
`O. CASH in the State of Florida. Each tortious act is specificallyallegedin the subsequentcounts.
`
`Accordingly,pursuant to Florida Statute §48.193(1)(b),ANDREWS AVENUE FACILITY, LLC
`
`is subjectto the jurisdictionofthe courts ofthe State of Florida.
`
`21.
`
`ANDREWS AVENUE FACILITY, LLC is an entitythat operated,managed and
`
`oversaw BROWARD NURSING & REHABILITATION CENTER, and as such, owed a duty to
`
`ROBERT O. CASH to exercise reasonable care accordingto §400.023, Florida Statutes.
`
`22.
`
`Defendant, HBA THERAPY SERVICES, INC. is a Florida profit
`corporation,with its principalplace of business at 2900 NW 60th St.,Ft. Lauderdale, FL 33309,
`
`which is doing business in Florida.
`
`23.
`
`24.
`
`HBA THERAPY SERVICES, INC. is a therapycompany.
`
`HBA THERAPY SERVICES, INC. conducted and engaged in business activities
`
`within the State of Florida;engaged in substantial and not isolated activities within the State of
`
`Florida;and purposely availed itself ofthe privilegesofthe State of Florida,through its ownership
`
`of, leasingof, operationof,management of, and/or consultation with nursing homes, including
`
`BROWARD NURSING AND REHABILITATION CENTER, within the State of Florida.
`
`5
`
`
`
`Accordingly,pursuant to Florida Statute §48.193, HBA THERAPY SERVICES, INC. is subject
`
`to the jurisdictionof the courts of the State of Florida.
`
`25.
`
`HBA THERAPY SERVICES, INC. committed tortious acts againstROBERT O.
`
`CASH in the State of Florida. Each tortious act is specificallyallegedin the subsequent counts.
`
`Accordingly, pursuant to Florida Statute §48.193(1)(b),HBA THERAPY SERVICES, INC. is
`
`subjectto the jurisdictionofthe courts ofthe State of Florida.
`
`26.
`
`HBA THERAPY SERVICES, INC. is an entitythat operated,managed and
`
`oversaw BROWARD NURSING AND REHABILITATION CENTER, and as such, owed a duty
`
`to ROBERT O. CASH to exercise reasonable care accordingto §400.023, Florida Statutes.
`
`27.
`
`Defendant, POLARIS PHARMACY SERVICES OF TAMPA, LLC is a Florida
`limited liabilitycompany, with its principalplace ofbusiness at 5310 NW 33rd Ave., Ste. 211, Ft.
`
`Lauderdale, FL 33309, which is doing business in Florida.
`
`28.
`
`POLARIS PHARMACY SERVICES OF TAMPA, LLC is a pharmacy per client
`
`admissions records.
`
`29.
`
`POLARIS PHARMACY SERVICES OF TAMPA, LLC conducted and engaged
`
`in business activities within the State of Florida;engaged in substantial and not isolated activities
`
`within the State of Florida;and purposely availed itself of the privilegesof the State of Florida,
`
`throughits ownership of,leasingof,operationof,management of,and/or consultation with nursing
`
`homes, includingBROWARD NURSING AND REHABILITATION CENTER, within the State
`
`of Florida. Accordingly, pursuant to Florida Statute §48.193, POLARIS PHARMACY
`
`SERVICES OF TAMPA, LLC is subjectto the jurisdictionofthe courts of the State of Florida.
`
`30.
`
`POLARIS PHARMACY SERVICES OF TAMPA, LLC committed tortious acts
`
`againstROBERT O. CASH in the State of Florida. Each tortious act is specificallyallegedin the
`
`6
`
`
`
`subsequent counts. Accordingly, pursuant to
`
`Florida
`
`Statute §48.193(1)(b), POLARIS
`
`PHARMACY SERVICES OF TAMPA, LLC is subjectto thejurisdictionofthe courts ofthe State
`
`of Florida.
`
`31.
`
`POLARIS PHARMACY SERVICES OF TAMPA, LLC is an entitythat operated,
`
`managed and oversaw BROWARD NURSING AND REHABILITATION CENTER, and as such,
`
`owed a duty to ROBERT O. CASH to exercise reasonable care accordingto §400.023, Florida
`
`Statutes.
`
`32.
`
`Defendant, BARTON DAVID WEISMAN, is an individual who is doing business
`
`in the State of Florida.
`
`33.
`
`BARTON DAVID WEISMAN has approximately46.88% ownership in defendant,
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`BROWARD NURSING & REHABILITATION CENTER, LLC.
`
`34.
`
`BARTON DAVID WEISMAN conducted and engaged in business activities
`
`within the State of Florida; engaged in substantial and not isolated activities within the State of
`
`Florida; and purposely availed himself of the privilegesof the State of Florida,through his
`
`ownership of, leasingof, operationof,management of, and/or consultation with nursinghomes,
`
`including BROWARD NURSING AND REHABILITATION CENTER, within the State of
`
`Florida. Accordingly, pursuant to Florida Statute §48.193, BARTON DAVID WEISMAN is
`
`subjectto the jurisdictionofthe courts ofthe State of Florida.
`
`35.
`
`BARTON DAVID WEISMAN committed tortious acts against ROBERT O.
`
`CASH in the State of Florida. Each tortious act is specificallyallegedin the subsequentcounts.
`
`Accordingly,pursuant to Florida Statute §48.193(1)(b),BARTON DAVID WEISMAN is subject
`
`to the jurisdictionof the courts of the State of Florida.
`
`7
`
`
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`36.
`
`BARTON DAVID WEISMAN is an individual who operated BROWARD
`
`NURSING AND REHABILITATION CENTER, and as such, owed a duty to ROBERT O. CASH
`
`to exercise reasonable care accordingto §400.023, Florida Statutes.
`
`37.
`
`Defendant, HOWA-RD LIONEL LIPSCHUTZ, is an individual who is doing
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`business in the State of Florida.
`
`38.
`
`HOWARD LIONEL LIPSCHUTZ has approximately 12.24% ownersh* in
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`defendant, BROWARD NURSING & REHABILITATION CENTER, LLC.
`
`39.
`
`HOWARD LIONEL LIPSCHUTZ conducted and engaged in business activities
`
`within the State of Florida;engaged in substantial and not isolated activities within the State of
`
`Florida; and purposely availed himself of the privilegesof the State of Florida, through his
`
`ownership of, leasingof,operationof,management of, and/or consultation with nursinghomes,
`
`includingBROWARD NURSING AND REHABILITATION CENTER, within the State of
`
`Florida. Accordingly, pursuant to Florida Statute §48.193, HOWARD LIONEL LIPSCHUTZ is
`
`subjectto the jurisdictionofthe courts ofthe State of Florida.
`
`40.
`
`HOWARD LIONEL LIPSCHUTZ committed tortious acts againstROBERT O.
`
`CASH in the State of Florida. Each tortious act is specificallyallegedin the subsequent counts.
`
`Accordingly,pursuant to Florida Statute §48.193(1)(b),HOWARD LIONEL LIPSCHUTZ is
`
`subjectto the jurisdictionof the courts of the State of Florida.
`
`41.
`
`HOWARD LIONEL LIPSCHUTZ is an individual who operated BROWARD
`
`NURSING AND REHABILITATION CENTER, and as such, owed a duty to ROBERT O. CASH
`
`to exercise reasonable care according to §400.023, Florida Statutes.
`
`42.
`
`Defendant, JODY A. RODGERS, is an individual who is doing business in the
`
`State of Florida.
`
`8
`
`
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`43.
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`JODY A. RODGERS has approximately 24% ownership in
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`defendant,
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`BROWARD NURSING & REHABILITATION CENTER, LLC.
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`44.
`
`JODY A. RODGERS conducted and engaged in business activities within the State
`
`of Florida; engaged in substantial and not isolated activities within the State of Florida; and
`
`purposely availed herself ofthe privilegesofthe State ofFlorida,through her ownership of,leasing
`
`of,operationof,management of,and/or consultation with nursinghomes, includingBROWARD
`
`NURSING AND REHABILITATION CENTER, within the State of Florida. Accordingly,
`
`pursuant to Florida Statute §48.193, CORP-INDIVIDUAL is subjectto the jurisdictionof the
`
`courts of the State of Florida.
`
`45.
`
`JODY A. RODGERS committed tortious acts againstROBERT O. CASH in the
`
`State of Florida. Each tortious act is specificallyallegedin the subsequent counts. Accordingly,
`
`pursuant to Florida Statute §48.193(1)(b),CORP-INDIVIDUAL is subjectto the jurisdictionof
`
`the courts of the State of Florida.
`
`46.
`
`JODY A. RODGERS is an individual who operatedBROWARD NURSING AND
`
`REHABILITATION CENTER, and as such, owed a duty to ROBERT O. CASH to exercise
`
`reasonable care according to §400.023, Florida Statutes.
`
`47.
`
`Defendant, JOHN WILLIAM HYMANS, was at times material hereto a resident
`
`of the
`
`State
`
`of Florida
`
`and
`
`the
`
`Administrator
`
`at BROWARD NURSING AND
`
`REHABILITATION CENTER.
`
`48.
`
`JOHN WILLIAM HYMANS conducted and engaged in business activities within
`
`the State of Florida;engaged in substantial and not isolated activities within the State of Florida;
`
`and purposely availed himself of the privilegeso f the State of Florida. Accordingly,pursuant to
`
`9
`
`
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`Florida Statute §48.193, JOHN WILLIAM HYMANS is subjectto the jurisdictionof the courts
`
`of the State o f Florida.
`
`49.
`
`JOHN WILLIAM HYMANS committed tortious acts againstROBERT O. CASH
`
`in the State of Florida.
`
`Each tortious act is specificallyalleged in the subsequent counts.
`
`Accordingly,JOHN WILLIAM HYMANS is subjectto the jurisdictionof the courts of the State
`
`ofFlorida. Fla. Stat. §48.193 (1)(b).
`
`50.
`
`JOHN WILLIAM HYMANS owed a duty to ROBERT O. CASH to exercise
`
`reasonable care accordingto §400.023, Florida Statutes.
`
`51.
`
`Florida Administrative Code Rule 59A-4.103 requiresthe licensee to designatean
`
`Administrator, "who oversees the day to day administration and operationof the facility."
`
`52.
`
`As the Administrator, JOHN WILLIAM HYMANS had the overall duty and
`
`responsibilityfor making sure the nursinghome complied with all Federal, State,Local laws and
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`professionalstandards under 42 CFR §483.75.
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`53.
`
`Plaintiffhas performed all conditions precedentto commencement ofthis action.
`
`Count I
`Non-Lethal Negligence Damages Against
`BROWARD NURSING & REHABILITATION CENTER, LLC;
`MILLENNIUM CONSOLIDATED, LLC; ANDREWS AVENUE
`FACILITY, LLC; HBA THERAPY SERVICES, INC.; POLARIS PHARMACY
`SERVICES OF TAMPA, LLC; BARTON DAVID WEISMAN; HOWARD LIONEL
`LIPSCHUTZ; JODY A. RODGERS; and JOHN WILLIAM HYMANS
`
`54.
`
`55.
`
`Plaintiffre-allegesParagraphs 1 through 53 above.
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`The acts and omissions of Defendants, as set forth herein,constitute violations of
`
`the residents' rightsof ROBERT O. CASH, pursuant to Florida Statute 400.022.
`
`10
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`
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`56.
`
`Defendants owed a duty to ROBERT O. CASH to properly hire, retain and
`
`supervisenurses on Defendants' staff and to ensure that any such licensed nurses exercised care
`
`consistent with the prevailingprofessionalstandard of care for a nurse.
`
`57.
`
`Defendants owed a duty to ROBERT O. CASH to properly hire, retain,and
`
`supervisethe administrator(s)of BROWARD NURSING AND REHABILITATION CENTER
`
`and to ensure that any such licensed administrator(s)exercised care consistent with the prevailing
`
`professionalstandard of care for an administrator.
`
`58.
`
`Notwithstanding the responsibilityof the Defendants to provide ROBERT O.
`
`CASH with reasonable care, Defendants failed to act reasonablyin the care ofROBERT O. CASH
`
`by failingto provide Robert O. Cash Jr. a safe environment; failingto monitor significantsigns
`
`and symptoms of infection;failingto provide appropriateand adequate skin care and assessments
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`to Robert O. Cash Jr;failingto monitor and adequatelyrespond to changes in physicalsignsand
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`symptoms of Robert O. Cash Jr; failingto adequatelyrespond to changes in Robert O. Cash Jr.'s
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`malnutrition and dehydrationstatus; failingto monitor Robert O. Cash Jr.'s hydrationstatus and
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`fluid intake to prevent Robert O. Cash Jr. from dehydration;failingto properlysupervisestaff;
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`failingto properly train staff;failingto provide adequate and appropriatesupervisionto ensure
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`Robert O. Cash Jr.'s safety;and, failingto provide proper nursing care, wound care, and to
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`prescribeand administer proper medication to prevent Robert O. Cash Jr.'s existingmedical
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`conditions from worsening to the pointof becoming life-threatening.
`
`59.
`
`Additionally,Defendants endangeredresidents,includingROBERT O. CASH, by
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`failingto use reasonable care in accepting and keeping residents in order to obtain maximum
`
`census levels,which allows for increased revenues.
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`60.
`
`Defendants each knew or should have known that the above-described failures
`
`11
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`
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`occurred or were likelyto occur thus exposingROBERT O. CASH to injury.
`
`61.
`
`Defendants' breach of the duties owed to Plaintiff as set forth herein was the legal
`
`cause of the loss,injuryand damages suffered by ROBERT O. CASH which included skin
`
`integrityissues including,without limitation,a rightlower arm skin tear. He also suffered from
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`dehydration and malnutrition. Furthermore, Mr. Cash developed mult*le infections including
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`pneumonia and sepsis.
`
`62.
`
`As a direct and proximate result of Defendants' negligentacts and omissions,
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`ROBERT O. CASH suffered bodily injury and resultingpain and suffering,disability,
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`disfigurement,mental anguish, loss of capacity for the enjoyment of life, expense of
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`hospitalization,medical and nursing care and treatment, and aggravationof a previouslyexisting
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`condition.
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`WHEREFORE, Plaintiff demands judgment againstthe Defendants for damages as stated
`
`above and further demands a trial by jury,togetherwith such other and further relief as this Court
`
`deems appropriate.
`
`Count II
`Lethal Negligence Damages Against
`BROWARD NURSING & REHABILITATION CENTER, LLC; MILLENNIUM
`CONSOLIDATED, LLC; ANDREWS AVENUE
`FACILITY, LLC; HBA THERAPY SERVICES, INC.; POLARIS PHARMACY
`SERVICES OF TAMPA, LLC.; BARTON DAVID WEISMAN; HOWARD LIONEL
`LIPSCHUTZ; JODY A. RODGERS; and JOHN WILLIAM HYMANS
`
`63.
`
`64.
`
`65.
`
`Plaintiff re-allegesParagraphs 1 through 53 above.
`
`This is a claim for lethal negligenceseekingsurvival damages.
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`The acts and omissions of Defendants, as set forth herein, constitute violations of
`
`the residents' rightsof ROBERT O. CASH, pursuant to Florida Statute 400.022.
`
`12
`
`
`
`66.
`
`Defendants owed a duty to ROBERT O. CASH to properly hire, retain and
`
`supervisenurses on Defendants' staff and to ensure that any such licensed nurses exercised care
`
`consistent with the prevailingprofessionalstandard of care for a nurse.
`
`67.
`
`Defendants owed a duty to ROBERT O. CASH to properly hire, retain,and
`
`supervisethe administrator(s)of BROWARD NURSING AND REHABILITATION CENTER
`
`and to ensure that any such licensed administrator(s)exercised care consistent with the prevailing
`
`professionalstandard of care for an administrator.
`
`68.
`
`Notwithstanding the responsibilityof the Defendants to provide ROBERT O.
`
`CASH with reasonable care, Defendants failed to act reasonablyin the care ofROBERT O. CASH
`
`by failingto provide Robert O. Cash Jr. a safe environment; failingto monitor significantsigns
`
`and symptoms of infection;failingto provide appropriateand adequate skin care and assessments
`
`to Robert O. Cash Jr;failingto monitor and adequatelyrespond to changes in physicalsignsand
`
`symptoms of Robert O. Cash Jr; failingto adequatelyrespond to changes in Robert O. Cash Jr.'s
`
`malnutrition and dehydrationstatus; failingto monitor Robert O. Cash Jr.'s hydrationstatus and
`
`fluid intake to prevent Robert O. Cash Jr. from dehydration;failingto properlysupervisestaff;
`
`failingto properly train staff;failingto provide adequate and appropriatesupervisionto ensure
`
`Robert O. Cash Jr.'s safety;and, failingto provide proper nursing care, wound care, and to
`
`prescribeand administer proper medication to prevent Robert O. Cash Jr.'s existingmedical
`
`conditions from worsening to the pointof becoming life-threatening.
`
`69.
`
`Additionally,Defendants endangeredresidents,includingROBERT O. CASH, by
`
`failingto use reasonable care in accepting and keeping residents in order to obtain maximum
`
`census levels,which allows for increased revenues.
`
`13
`
`
`
`70.
`
`Defendants each knew or should have known that the above-described failures
`
`occurred or were likelyto occur thus exposingROBERT O. CASH to injury.
`
`71.
`
`Defendants' breach of the duties owed to Plaintiff as set forth herein was the legal
`
`cause of the loss, injuryand damages suffered by ROBERT O. CASH which included skin
`
`integrityissues including,without limitation,a rightlower arm skin tear. He also suffered from
`
`dehydrationand malnutrition. Furthermore, Mr. Cash developed mult*le infections including
`
`pneumonia and sepsis.
`
`72.
`
`As a direct and proximate result of Defendants' negligentacts and omissions,
`
`ROBERT O. CASH suffered bodily injury and resultingpain and suffering,disability,
`
`disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
`
`hospitalization,medical and nursing care and treatment, aggravationof a previouslyexisting
`
`condition and ultimately,ROBERT O. CASH died on December 9,2019.
`
`WHEREFORE, Plaintiff demands judgment againstthe Defendants for damages as stated
`
`above and further demands a trial by jury,togetherwith such other and further relief as this Court
`
`deems appropriate.
`
`Count III
`Wrongful Death Damages Against
`BROWARD NURSING & REHABILITATION CENTER, LLC; MILLENNIUM
`CONSOLIDATED, LLC; ANDREWS AVENUE
`FACILITY, LLC; HBA THERAPY SERVICES, INC.; POLARIS PHARMACY
`SERVICES OF TAMPA, LLC BARTON DAVID WEISMAN; HOWARD LIONEL
`LIPSCHUTZ; JODY A. RODGERS; and JOHN WILLIAM HYMANS
`
`73.
`
`74.
`
`75.
`
`Plaintiff re-allegesParagraphs1 through53 above.
`
`This is a claim for lethal negligence seeking wrongful death damages.
`
`The acts and omissions of Defendants, as set forth herein,constitute violations of
`
`the residents' rightsof ROBERT O. CASH, pursuant to Florida Statute 400.022.
`
`14
`
`
`
`76.
`
`Defendants owed a duty to ROBERT O. CASH to properly hire, retain and
`
`supervisenurses on Defendants' staff and to ensure that any such licensed nurses exercised care
`
`consistent with the prevailingprofessionalstandard of care for a nurse.
`
`77.
`
`Defendants owed a duty to ROBERT O. CASH to properly hire, retain,and
`
`supervisethe administrator(s)of BROWARD NURSING AND REHABILITATION CENTER
`
`and to ensure that any such licensed administrator(s)exercised care consistent with the prevailing
`
`professionalstandard of care for an administrator.
`
`78.
`
`Notwithstanding the responsibilityof the Defendants to provide ROBERT O.
`
`CASH with reasonable care, Defendants failed to act reasonablyin the care ofROBERT O. CASH
`
`by failingto provide Robert O. Cash Jr. a safe environment; failingto monitor significantsigns
`
`and symptoms of infection;failingto provide appropriateand adequate skin care and assessments
`
`to Robert O. Cash Jr;failingto monitor and adequatelyrespond to changes in physicalsignsand
`
`symptoms of Robert O. Cash Jr; failingto adequatelyrespond to changes in Robert O. Cash Jr.'s
`
`malnutrition and dehydrationstatus; failingto monitor Robert O. Cash Jr.'s hydrationstatus and
`
`fluid intake to prevent Robert O. Cash Jr. from dehydration;failingto properlysupervisestaff;
`
`failingto properly train staff;failingto provide adequate and appropriatesupervisionto ensure
`
`Robert O. Cash Jr.'s safety;and, failingto provide proper nursing care, wound care, and to
`
`prescribeand administer proper medication to prevent Robert O. Cash Jr.'s existingmedical
`
`conditions from worsening to the pointof becoming life-threatening.
`
`79.
`
`Additionally,Defendants endangeredresidents,includingROBERT O. CASH, by
`
`failingto use reasonable care in accepting and keeping residents in order to obtain maximum
`
`census levels,which allows for increased revenues.
`
`80.
`
`Defendants each knew or should have known that the above-described failures
`
`15
`
`
`
`occurred or were likelyto occur thus exposingROBERT O. CASH to injury.
`
`81.
`
`Defendants' breach of the duties owed to Plaintiff as set forth herein was the legal
`
`cause of the loss,injuryand damages suffered by ROBERT O. CASH which included skin
`
`integrityissues including,without limitation,a rightlower arm skin tear. He also suffered from
`
`dehydrationand malnutrition. Furthermore, Mr. Cash developed mult*le infections that include,
`
`but may not be limited to, pneumonia and sepsis.
`
`82.
`
`As a direct and proximate result of Defendants' negligentacts and omissions,
`
`ROBERT O. CASH died on December 9. 2019.
`
`83.
`
`As a direct and proximate result of the Defendants' acts and omissions, which
`
`resulted in the death of ROBERT O. CASH, THE ESTATE OF ROBERT O. CASH has incurred
`
`extensive medical, nursing,funeral,and other expenses.
`
`84.
`
`ROBERT O. CASH died with survivingchildren,Robert Cash, III,Shellie B. Cash,
`
`and Laura E. Cash, all of whom are potentialbeneficiaries of a recovery for wrongful death.
`
`85.
`
`As a result of the death of ROBERT O. CASH, Robert Cash, III,Shellie B. Cash,
`
`and Laura E. Cash suffered loss of support and services and will suffer such losses in the future,
`
`loss ofparentalcompanionship, instruction and guidance,and mental pain and suffering.
`
`86.
`
`ROBERT OWEN CASH, III is the Personal Representativeof THE ESTATE OF
`
`ROBERT O. CASH. On behalf of THE ESTATE OF ROBERT O. CASH, ROBERT OWEN
`
`CASH, III seeks recovery of medical and funeral expenses chargeableto the Estate.
`
`WHEREFORE, Plaintiff demands judgment againstthe Defendant for damages as stated
`
`above and further demands a trial by jury,togetherwith such other and further relief as this Court
`
`deems appropriate.
`
`16
`
`
`
`Count IV
`Breach of Fiduciary Duty
`BROWARD NURSING & REHABILITATION CENTER, LLC
`
`87.
`
`Plaintiff re-allegesand incorporatesherein by reference paragraphs 1 through 7,
`
`and 53 above.
`
`88.
`
`This is a claim that presents a theory of recovery based upon the presence of a
`
`fiduciaryduty owed by Defendant, BROWARD NURSING & REHABILITATION CENTER,
`
`LLC, exclusive of and in addition to all rightsencompassed in negligenceor Chapter 400, Fla.
`
`Stat.
`
`89.
`
`At all times material, ROBERT O. CASH was incapable of independently
`
`providing for all of his necessary care and services to attain and maintain the highestpracticable
`
`physical,mental, and psychosocialwell-being.
`
`90.
`
`ROBERT O. CASH was incapableof dealingwith BROWARD NURSING &
`
`REHABILITATION CENTER, LLC on equal terms, and was incapableof engaging in any arm's
`
`lengthrelationshipswith BROWARD NURSING & REHABILITATION CENTER, LLC.
`
`91.
`
`ROBERT O. CASH placed a special confidence and trust in BROWARD
`
`NURSING & REHABILITATION CENTER, LLC to provide for all of his necessary care and
`
`services to attain and maintain the highestpracticablephysical,mental, and psychosocialwell-
`
`being. ROBERT O. CASH also relied on BROWARD NURSING & REHABILITATION
`
`CENTER, LLC to provide such care and services.
`
`92.
`
`BROWARD NURSING & REHABILITATION CENTER, LLC accepted the
`
`specialconfidence and trust placed upon them by ROBERT O. CASH by admitting him into
`
`BROWARD NURSING AND REHABILITATION CENTER and by reservingthe right to
`
`17
`
`
`
`specificallydetermine the level of care, protection,suppliesand services that would be provided
`
`to ROBERT O. CASH.
`
`93.
`
`BROWARD NURSING & REHABILITATION CENTER, LLC individuallyand
`
`collectivelycontrolled,oversaw and orchestrated every singleaspect of ROBERT O. CASH's
`
`existence,from the mundane (such as the clothingworn) to the vital (such as determining when
`
`and how healthcare would be provided,as well as how much food and water ROBERT O. CASH
`
`could consume).
`
`94.
`
`ROBERT O. CASH was solelyand particularlydependent upon the employees,
`
`officers,directors,and agents ofBROWARD NURSING & REHABILITATION CENTER, LLC
`
`to provide for his dailycare, protection,services,suppliesand personaland intimate needs.
`
`95.
`
`BROWARD NURSING & REHABILITATION CENTER, LLC developed a
`
`specialrelationshipwith ROBERT O. CASH by virtue of the nature of the care and services
`
`provided,the supposedly superiorknowledge, skill and abilities,the enormous disparityof power
`
`and unequal bargainingposition,Defendant, BROWARD NURSING & REHABILITATION
`
`CENTER, LLC, enjoyed over ROBERT O. CASH, as well as his inabilityto care for and provide
`
`for himself.
`
`96.
`
`This special relationshipallowed Defendant, BROWARD NURSING &
`
`REHABILITATION CENTER, LLC, to occupy a positionof confidence toward ROBERT O.
`
`CASH, which requiredfidelity,loyalty,good faith,and fair dealingby Defendant, BROWARD
`
`NURSING & REHABILITATION CENTER, LLC. Additionally,BROWARD NURSING &
`
`REHABILITATION CENTER, LLC had a duty to refrain from engaging in self-dealing.
`
`97.
`
`BROWARD NURSING & REHABILITATION CENTER, LLC systematically
`
`accepted monies intended for the provision of care and services to the residents,including
`
`18
`
`
`
`ROBERT O. CASH, while representingthat the BROWARD NURSING & REHABILITATION
`
`CENTER, LLC would provide the full value o f the care and services as required.
`
`98.
`
`At all
`
`times
`
`material
`
`to
`
`this
`
`action, the BROWARD NURSING &
`
`REHABILITATION CENTER, LLC named herein was a fiduciaryof ROBERT O. CASH.
`
`99.
`
`At all times material to this action,BROWARD NURSING & REHABILITATION
`
`CENTER, LLC owed a fiduciaryduty to ROBERT O. CASH.
`
`100.
`
`Defendant, BROWARD NURSING & REHABILITATION CENTER, LLC failed
`
`to providethe full value of care and services as promised and as required.
`
`101.
`
`Notwithstanding its fiduciary duties
`
`to ROBERT O. CASH, Defendant,
`
`BROWARD NURSING & REHABILITATION CENTER, LLC, acted and failed to act in
`
`material breach ofthe duties owed to ROBERT O. CASH and to the direct detriment of residents,
`
`including ROBERT O. CASH.
`
`Instead BROWARD NURSING & REHABILITATION
`
`CENTER, LLC acted or failed to act in ways to promote its own interests and in ways in
`
`contravention ofthe interests ofthe residents,includingROBERT O. CASH.
`
`102. BROWARD NURSING & REHABILITATION CENTER, LLC breached and
`
`violated its relationshipof trust, specialconfidence, and its fiduciaryobligationsand duties owed
`
`to ROBERT O. CASH by:
`
`a) allowingthe use of revenues and assets obtained from residents and their payor
`
`sources for inflated,unreasonable and improper inter-company fees and
`
`transfers designedand created for the benefit of the BROWARD NURSING &
`
`REHABILITATION CENTER, LLC's affiliates,parents, owners and corporate
`
`entities,instead of utilizingsaid resources effectivelyand efficientlyto attain
`
`or maintain the highestpracticablephysical,mental, and psychosocialwell-
`
`19
`
`
`
`being of each resident,includingROBERT O. CASH as required;and,
`
`b) enteringinto numerous contracts that were for the benefit of BROWARD
`
`NURSING & REHABILITATION CENTER, LLC, its owners and operators
`
`and worked to the detriment of residents,includingROBERT O. CASH. These
`
`contracts included, but not limited to, lease and sub-lease agreements, back
`
`office agreements, pharmacy goods and services agreements, management
`
`agreements, and therapyservices agreements.
`
`103.
`
`In violatingits fiduciaryobligationsand duties to ROBERT O. CASH, as
`
`referenced
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