Wrongful Death Suit Follows Choking Death of Disabled Man
The parents of Stephen Komninos, a 22-year-old developmentally disabled man that died following a choking accident last year, have filed a Haddonfield wrongful-death lawsuit against the Haddonfield group home where the man lived since the age of 8.
According to the article in the Philadelphia Inquirer, the family alleges that their son died because an employee left him unattended. Their son choked on a bagel while the employee in charge of him was in a convenience store.
The Pennsylvania wrongful death case, filed in Superior Court by the victim’s parents, claims that Bancroft NeuroHealth put Komninos in the care of an 18-year-old employee, Adam Allibone, who should have known that Komninos needed to be closely monitored at all times.
Komninos, who had severe behavioral disorders and was nonverbal, was supposed to be on his way to an after-school program in October when the Bancroft employee who was driving him stopped at a Stratford convenience store to buy a cigar. Bancroft has said Allibone stopped to buy Komninos a bagel as a reward for having a good day.
According to the article, Komninos grabbed a plastic-wrapped bagel from the counter in the store and went outside. He stuffed the wrapped bagel into his mouth, the suit alleges, while Allibone stayed inside to complete his purchase. By the time the man came out of the store, Komninos was choking.
Komninos was taken to a hospital, where he was put on life support; he was declared brain dead four days later.
The suit argues that not only should Allibone should have kept a closer watch on Komninos, but also that he was not adequately trained in emergency procedures that could have saved Komninos' life.
Toni Pergolin, president of Bancroft NeuroHealth, said in a statement that Bancroft strongly disagreed with the family's allegations of potential medical negligence and would fight the lawsuit.
An investigation into Komninos' death by the Camden County Prosecutor's Office last year ended with no legal action.
An investigation by the state Department of Human Services, however, found that Komninos required more supervision than he received that day.
Another lawsuit was also filed against Bancroft, a nonprofit agency that has faced complaints of neglect since the death in 2002 of Matthew Goodman, a 14-year-old autistic boy who lived in a neurobehavioral unit in Bancroft.
State investigations found that Goodman had been abused and neglected at Bancroft, though it was determined that did not cause his death.
The state investigated dozens of allegations of medical facility abuse and neglect at Bancroft in the years after Goodman's death, and several families of children who were at Bancroft have pending lawsuits.
In 2005, after a 15-month probe of the school's practices, the state determined that Bancroft had inadequate staffing at times and that children were sometimes unnecessarily restrained.
If you or someone you know has been injured due to negligence in Pennsylvania, we can assist you in evaluating your case. Contact a skilled Philadelphia personal injury lawyer at Cherry, Fieger & Marciano today.
