Helms v. Atrium Health Care & Rehabilitation Center of Cahokia, LLC et al
| Rosetta Helms |
| Atrium Health Care & Rehabilitation Center of Cahokia, LLC, River Bluffs Health Care and Rehabilitation Center of Cahokia, Kenneth Hall Regional Hospital Inc, Touchette Regional Hospital Inc, Bassam Albarcha, M.D., Jennifer L. Simpson, LPN, Susan A. Brown, LPN, Kimberly L. Fowler, LPN, Natasha S. Turner, LPN, La Norris T. Yates, RN, Ruth A. Luckett, LPN, Southern Illinois Health Care Access, Inc., Home Pharmacy Services, LLC, Omnicare Inc, Benedicta Umoru, M.D., Kenneth Hall Medical Group, Southern Illinois Regional Wellness Center, Medicate Pharmacy, Inc., Southern Illinois Medical Specialists and Windsor Health Center |
| 3:2010cv00547 |
| July 22, 2010 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| St. Clair |
| G. Patrick Murphy |
| Donald G. Wilkerson |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
21
ORDER: The Court GRANTS 4 Motion to Dismiss and to Substitute and 8 Motion to Dismiss for Lack of Jurisdiction brought by Defendants Bassam Albarcha, M.D., and Windsor Health Center ("Windsor") and 14 Motion to Remand br ought by Plaintiff Rosetta Helms as Independent Administrator of the Estate of Earlene Taylor, Deceased. The United States of America is SUBSTITUTED as a Defendant in place of Albarcha and Windsor, and all claims against Albarcha and Windsor are DISMISSED with prejudice. Helms's claim against the government under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., is DISMISSED without prejudice for failure to exhaust administrative remedies. The Court REMANDS to the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, Helms's remaining claims against Defendants Atrium Health Care & Rehabilitation Center of Cahokia, LLC, River Bluffs Health Care and Rehabilitatio n Center of Cahokia, Kenneth Hall Regional Hospital, Inc., Touchette Regional Hospital, Inc., d/b/a Kenneth Hall Regional Hospital, Jennifer L. Simpson, LPN, Susan A. Brown, LPN, Kimberly L. Fowler, LPN, Natasha S. Turner, LPN, La Norris T. Yates, RN , Ruth A. Luckett, LPN, Southern Illinois Health Care Access, Inc., d/b/a Kenneth Hall Regional Hospital, Home Pharmacy Services, LLC, Omnicare, Inc., Benedicta Umoru, M.D., Kenneth Hall Medical Group, Southern Illinois Regional Wellness Center, Medicate Pharmacy, Inc., and Southern Illinois Medical Specialists. See attached order for specifics. Signed by Judge G. Patrick Murphy on 10/5/2010. (jhs)
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