SAN ANGELO, TX — Gulf Coast LTC Partners Inc., one of the operators sued in a wrongful death case involving Cedar Manor Nursing and Rehabilitation, has formally denied all allegations of negligence and understaffing that allegedly contributed to an 87-year-old resident's death in 2022.
In a first amended answer and jury demand filed in Tom Green County's 391st District Court, Gulf Coast issued a general denial of the claims and raised multiple affirmative defenses, including statutory caps on damages in healthcare liability cases and constitutional protections against punitive or exemplary damages.
The lawsuit stems from the April 24, 2022, death of Robert Berl Porter, who was admitted to Cedar Manor on April 1, 2022, after discharge from Shannon Medical Center for failure to thrive, worsening dementia with behavioral disturbances, and pneumonia.
The man's family allege in their first amended petition that neglect, including untreated skin tears, bruises, abrasions, vertebral fractures, severe groin rash and possible scabies infection, led to Porter's death.
The petition claims the defendants — Cedar Manor, West Texas LTC Partners Inc., and Gulf Coast LTC Partners Inc. — operated as a joint enterprise with chronic understaffing, providing about 25% fewer direct care hours per resident day than federally recommended levels in 2022, based on cost reports and payroll-based journal data.
The plaintiffs seek monetary relief of over $1 million.
In its response, Gulf Coast contends any injuries were attributable to pre-existing medical conditions or actions of third parties, asserts the plaintiffs lack standing for certain claims, and argues punitive damages would violate due process, equal protection and excessive fines provisions of the U.S. Constitution.
The company also demands a jury trial. The allegations remain unproven in court, and the case is ongoing. Cedar Manor, located at 1915 Greenwood St. in San Angelo, continues to operate.
A pre-trial hearing is scheduled for 10 a.m. Jan. 26.
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