Etowah County


(4) SHARON J. GARMANY, as Executrix of the ESTATE OF BARBARA J. JENKINS, Deceased, vs. RIVERVIEW REGIONAL MEDICAL CENTER (Circuit Court of Etowah County, Alabama)

County/Docket #/Judge: Etowah / CV-2014-900017 / William B. Ogletree

Plaintiff(s) Attorney(s): J. Callen Sparrow of Heninger, Garrison, et al., LLC, Birmingham, AL

Defendant(s) Attorney(s): Joe L. Leak of Leak, Douglas, et al., P.C., Birmingham, AL

Age/Sex/Occupation Of Plaintiff: n/a / F / n/a

Cause Of Injury: Medical Malpractice/Failure to Monitor Patient with High Fall Risk/Fall During Trip to Bathroom. On Oct. 9, 2013, Barbara J. Jenkins was admitted to Riverview Regional Medical Center for evaluation and treatment of chest pain. It was determined that she was a high fall risk based on assessments. On Oct. 10, 2013, she allegedly made numerous calls for assistance to use the restroom. When the calls went unanswered, she attempted to go by herself and fell to the floor. The fall resulted in a fractured left hip requiring surgical repair and extensive rehabilitation.

Jenkins filed a complaint against Riverview Regional Medical Center on Jan. 6, 2014. Following Jenkins’ death, Sharon J. Garmany, Executrix of the Estate of Barbara J. Jenkins, was substituted as plaintiff. Plaintiff anticipated that her expert geriatric nursing witness Elizabeth H. Arruda would testify that defendants breached the standard of care by failing to respond to Mrs. Jenkins’ call for assistance in a timely manner and failing to properly monitor her in light of her fall risk status.

Nature Of Injury: Personal injuries including fractured hip requiring surgery; pain and suffering.

Expert Witnesses:


Elizabeth H. Arruda, R.N., BSN, CMSRN, Geriatric Nursing Standard of Care, St. Petersburg, FL



Settlement: Joint stipulation of dismissal on Jan. 31, 2017.

Editor’s Note: The action was dismissed upon the parties’ joint stipulation on Feb. 3, 2017.