Family of woman who died after stay at Fargo nursing home files wrongful death suit – InForum

FARGO — A case filed Tuesday, July 1, in U.S. District Court alleges that a resident of Fargo Elim nursing home died as a result of the facility’s negligence last year.

The federal civil complaint was brought by Mary Valnes, the daughter of

Dorothy Kemper,

who became a resident of Fargo Elim in May 2023. Kemper died less than a year later, on April 21, 2024, at age 83, after several months of significant health issues brought on, the suit alleges, by injuries she sustained while in the nursing home’s care.

Court documents detail a timeline of Kemper’s escalating health issues while she was a resident at Fargo Elim, starting in August 2023 when a wound was found on Kemper’s sacrum, the bone at the base of the spine. Three months later, Kemper fell, court documents said, when a staff member failed to put on the wheelchair brakes before sliding Kemper into the chair. A week later, the wound on Kemper’s sacrum showed bruising, the civil complaint said.

In February, Kemper told nurses the wound on her sacrum had become very painful, and she was diagnosed with a Stage 3 pressure ulcer, according to the complaint. A month later, the ulcer had progressed in size and pain and was escalated by nurses to a Stage 4, court documents said. On March 19, an ambulance brought Kemper to the emergency room at Essentia, where she was diagnosed with a heart attack and severe sepsis due to the infected ulcer, the complaint claimed.

Kemper was discharged back to Elim on March 29 for rehabilitation therapy, according to court documents, but on April 10, an Elim nurse conducting a wound assessment found the ulcer had grown significantly and was bleeding. On April 12, Kemper was placed on hospice care, and she died nine days later.

The wrongful death suit brought by Kemper’s daughter alleges that “Fargo Elim is responsible for the … gross negligence, reckless, and abusive behaviors of its employees.”

It claims the facility and its staff failed to provide timely and proper medical attention and care to keep Kemper safe, causing her “severe” injuries. It also accuses Elim of failing to communicate with Kemper’s family and providers about her declining health, and of covering up “adult abuse, neglect, and negligence.”

The family’s case asks for a jury trial and financial damages. The family is represented by Kellen Bubach of the Maring Williams law office in Fargo.

Elim Homes is represented by Jessica Klander of Minneapolis-based Bassford Remele. In the company’s response to the complaint, filed Tuesday, July 8, it denies the allegations in Valnes’ “pretended cause of action” and asks for the case to be dismissed.

“Any damages incurred by Plaintiff are the result of pre-existing conditions or by intervening or superseding events, factors … or conditions that were in no way caused by Defendant and for which Defendant is not responsible,” Fargo Elim’s answer reads.

Federal Magistrate Judge Alice Senechal has been assigned the case. No deadlines or hearings had yet been scheduled as of Wednesday morning.