A wrongful death lawsuit has been filed in Carroll County District Court against the Hawkeye Care Center of Carroll. The petition, filed by the Estate of Marian J. Berning and her daughter and executor of her estate, Janice Mary Kjosa of Omaha, Neb., claims the May 7 death of Berning was caused by the negligence of the Hawkeye Care Center. On April 29, Berning was attempting to return to her room after dinner and fell from her wheelchair and struck her head. Berning passed away just over a week later. According to the petition, Berning moved into the Hawkeye Care Center on April 26 after being discharged from St. Anthony Regional Hospital. Hawkeye Care Center CEO, Doug Johnson, declined to provide additional details.
Johnson did say Hawkeye Care Centers is committed to the residents they serve and their families.
Attorney for the Berning Estate, Jim Van Dyke, also declined to comment. The plaintiffs have asked for an unspecified amount of compensation for the death of Berning and for pain and suffering suffered by Kjosa.
