M.M. was a patient at a St. Louis County, Missouri nursing home who required dialysis three days per week.  One day, after returning from dialysis, M.M. complained of labored breathing, exhaustion, weakness, and constipation.  While facility employees did call her physician after she raised these concerns, the only discussion involved an earlier fall.  No employee could identify why no mention was made of M.M.'s complaints upon returning from dialysis or why no one at the facility examined M.M. or checked her vital signs.  No one informed her physician or her daughter of the substantial change in her condition.  Instead, she remained at the facility with no examination and no medication.

M.M. continued to exhibit labored breathing, weakness, and exhaustion for two more days.  On the third day, she was sent to dialysis, despite these ongoing symptoms.  Dialysis began, but quickly stopped as her condition deteriorated and she began exhibiting confusion.  She was rushed to a local hospital, where she was diagnosed with bilateral pneumonia.  Within hours of her arrival, M.M. died from pneumonia.

Her daughter, and only child, filed a wrongful death lawsuit claiming that M.M.'s death could have been prevented had the nursing home facility recognized the obvious signs of pneumonia and either reported these to her physician or had her transported to a hospital.  After several depositions, the parties reached a settlement which required the settlement terms to remain undisclosed.

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