The surviving relative of a deceased Emmaus Homes resident has filed a new wrongful death lawsuit against the organization after a previous suit was dismissed in November.Longtime Emmaus resident …
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The surviving relative of a deceased Emmaus Homes resident has filed a new wrongful death lawsuit against the organization after a previous suit was dismissed in November.Longtime Emmaus resident Lloyd Roeckel died Dec. 16, 2016, allegedly as a result of injuries he sustained in a fall after being moved to an Emmaus group home in Truesdale.Emmaus Homes Inc. is a private, nonprofit, faith-based organization that provides 24-hour residential and caretaking services for adults with developmental disabilities.Roeckel’s nephew, Brian Smith of St. Louis, sued Emmaus in April 2017 for wrongful death. He contended that negligence on the part of Roeckel’s caretakers led to the fall.The lawsuit was dismissed in November because Smith — or his attorney — failed to meet the deadline to submit an affidavit (a sworn statement) stating they had obtained the written opinion of a qualified health care provider to support the case.However, the case was dismissed “without prejudice,” leaving the door open for Smith to start over and file a new lawsuit. An attorney did so on behalf of Smith on Feb. 28.The new filing includes an affidavit stating that Smith’s attorney has received the written opinion of a “qualified fall risk expert” who says Emmaus employees failed to use reasonable care in their duties, contributing to Roeckel’s death. The expert providing that opinion is a licensed gerontological nurse practitioner in Snellville, Ga., according to the affidavit.Smith is seeking an unspecified amount of damages in the lawsuit.Alleged negligenceRoeckel was moved to the home in Truesdale late last year, as part of an effort to relocate all of the residents from Emmaus’ Marthasville campus, where he had lived for 15 years, the lawsuit states.Roeckel, who was 71, was known to have a fall risk due to a hip replacement surgery, according to the lawsuit. Emmaus agreed that the basement staircase in the group home he was moving to would be modified to have Americans with Disabilities Act (ADA) compliant railings and a gate at the top, according to the suit.An Emmaus employee allegedly told Smith that Roeckel would not use the stairs except during a weather emergency.When Roeckel moved in, however, the safety equipment allegedly was not installed on the staircase, and staff had placed an exercise bike for Roeckel’s regular physical therapy in the basement of the home, according to the lawsuit.It was at the direction of Emmaus staff, the lawsuit claims, that Roeckel was going down the stairs to use the exercise bike on Dec. 2, 2016, and fell while halfway down the stairs. Roeckel suffered facial injuries, a broken nose and multiple spinal fractures, according to the suit.State records indicate he died while hospitalized two weeks later as a result of cardiac arrest and respiratory failure.An attorney for Smith said his uncle’s health failure was a “progression of his hospitalization.”Emmaus