Great grandfather launches emotional lawsuit against nursing home after tragedy strikes
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It’s a devastating incident that could’ve been prevented. John and Lena Megens had shared 67 years of marriage when tragedy struck. Lena fell from a chair and sustained fatal brain injuries which led to her demise.
Now, John Megens is suing his own Melbourne nursing home in the hopes of seeing justice done about his wife’s case.
The terminally ill great-grandfather and his 92-year-old wife were both residents at Weary Dunlop Retirement Village in Wheelers Hill, Melbourne. According to John, his wife hit her head after falling from a chair inside the facility in April last year.
‘She was in high care to prevent her having falls,’ said Nick Mann from Polaris Lawyers who is acting on behalf of the family.
After suffering from brain injuries caused by the fall, Lena Megens sadly passed away four days later on April 15 at Monash Medical Centre.
‘I miss her very much,’ John shared and claimed she was the love of his life.
According to John, his wife’s death ‘should have never happened’. He and grandson Adam subsequently filed documents with Victoria’s County Court, alleging that Ryman Healthcare – the aged care company operating Weary Dunlop – failed to provide adequate supervision.
The pair said they’re suing the facility to make sure this incident doesn’t happen to others.
Based on the facts gathered surrounding the case, Mrs Megens fell from her chair on April 12, 2022. The supervisor that was watching over her had been tending to another resident but ‘rushed over’ as soon as she fell. Then, they checked her vitals.
However, it was believed that staff from the nursing home only called an ambulance several hours after the incident when Mrs Megens started vomiting and passed out. She never woke up after this.
The aged care facility insists that the elderly woman was under supervision and a carer was in the room with her but was unable to prevent her from falling. They also said she received appropriate medical care and attention in the immediate aftermath.
‘They’re short on staff, that’s all it is,’ Mr Megens claimed.
Mr Mann questions the aged care facility's ability to provide care. ‘How many staff were on? What were the falls risks for Lena? How did they assess her? How did they protect her?’ He said during an interview with reporters.
However, Ryman Healthcare refutes the family’s claims and said Mrs Megens was ‘adequately supervised’ and has strongly denied allegations that they’re understaffed. They claimed that there were 10 residents in the unit on the day of the accident, with three personal carers, a registered nurse, and a unit coordinator. They further stated that they ‘provide more care per resident than government mandated requirements’.
Cameron Holland, CEO of Ryman Healthcare, told reporters: ‘Weary Dunlop provides more than 230 minutes of care per resident per day, far exceeding the government-mandated requirement of 200 minutes.’
With neither side backing down, the Megens family and representatives from Ryman Healthcare will now see each other in court. But for John, due to his terminal illness, this is a race against time.
‘I’d like to see the outcome,’ he shared before adding that he’s considering an expedited hearing to have the matter heard quickly.
Social media users were divided over the matter. Many claimed that ‘accidents happen’ in nursing homes.
‘It is sad for the family that this lady hit her head and died but it’s an unfortunate fact that sometimes people fall. You cannot stop someone falling,’ one declared.
‘Sadly, accidents happen. Residents in aged care fall through no fault of anyone. Sometimes they are impatient, sometimes they lose their balance. It’s not always the fault of the workers,’ one more offered.
However, one refuted this statement and said that dementia units are usually high dependency units. Therefore, it needs to be strictly watched.
‘My father had a fall in the middle of winter and left outside for over an hour. He had a broken wrist not checked for 8 weeks. There are care protocols after a fall and nobody took responsibility for this poor lady,’ the user added.
Another said that while falls do happen, the patient should always get checked by a doctor in the immediate aftermath – especially if the patient has dementia. ‘They can’t always recall what happened or what they hit. The ambulance was called hours afterwards when she started passing out and vomiting,’ they explained before adding that Mrs Megens’ demise could’ve been prevented had there been appropriate medical assistance given right away.
One more said that their concern is not with the fall itself but with the facility’s reaction time. ‘In my time, I have seen too many facilities who are in it for the fiscal return and not for humanitarian reasons like we are led to believe,’ they claimed.
While others simply sent their regards to the family members affected by the tragedy. ‘So sorry this happened to your dear wife, may she rest in peace,’ someone wrote.
We send our sincerest regards to Mr Megens and his family during this difficult period.
What’s your stance on this, members? Do you think the aged care facility is to blame or was this an unfortunate accident? Share your thoughts with us in the comments below!
Now, John Megens is suing his own Melbourne nursing home in the hopes of seeing justice done about his wife’s case.
The terminally ill great-grandfather and his 92-year-old wife were both residents at Weary Dunlop Retirement Village in Wheelers Hill, Melbourne. According to John, his wife hit her head after falling from a chair inside the facility in April last year.
‘She was in high care to prevent her having falls,’ said Nick Mann from Polaris Lawyers who is acting on behalf of the family.
The couple had been living in a nursing home in Melbourne when tragedy struck. Credit: SAM LIN/Pexels
After suffering from brain injuries caused by the fall, Lena Megens sadly passed away four days later on April 15 at Monash Medical Centre.
‘I miss her very much,’ John shared and claimed she was the love of his life.
According to John, his wife’s death ‘should have never happened’. He and grandson Adam subsequently filed documents with Victoria’s County Court, alleging that Ryman Healthcare – the aged care company operating Weary Dunlop – failed to provide adequate supervision.
The pair said they’re suing the facility to make sure this incident doesn’t happen to others.
Based on the facts gathered surrounding the case, Mrs Megens fell from her chair on April 12, 2022. The supervisor that was watching over her had been tending to another resident but ‘rushed over’ as soon as she fell. Then, they checked her vitals.
However, it was believed that staff from the nursing home only called an ambulance several hours after the incident when Mrs Megens started vomiting and passed out. She never woke up after this.
It was reported that an ambulance wasn’t called immediately after Mrs Megens fell from her chair. Credit: Kevin Bidwell/Pexels
The aged care facility insists that the elderly woman was under supervision and a carer was in the room with her but was unable to prevent her from falling. They also said she received appropriate medical care and attention in the immediate aftermath.
‘They’re short on staff, that’s all it is,’ Mr Megens claimed.
Mr Mann questions the aged care facility's ability to provide care. ‘How many staff were on? What were the falls risks for Lena? How did they assess her? How did they protect her?’ He said during an interview with reporters.
However, Ryman Healthcare refutes the family’s claims and said Mrs Megens was ‘adequately supervised’ and has strongly denied allegations that they’re understaffed. They claimed that there were 10 residents in the unit on the day of the accident, with three personal carers, a registered nurse, and a unit coordinator. They further stated that they ‘provide more care per resident than government mandated requirements’.
Cameron Holland, CEO of Ryman Healthcare, told reporters: ‘Weary Dunlop provides more than 230 minutes of care per resident per day, far exceeding the government-mandated requirement of 200 minutes.’
With neither side backing down, the Megens family and representatives from Ryman Healthcare will now see each other in court. But for John, due to his terminal illness, this is a race against time.
‘I’d like to see the outcome,’ he shared before adding that he’s considering an expedited hearing to have the matter heard quickly.
Social media users were divided over the matter. Many claimed that ‘accidents happen’ in nursing homes.
‘It is sad for the family that this lady hit her head and died but it’s an unfortunate fact that sometimes people fall. You cannot stop someone falling,’ one declared.
‘Sadly, accidents happen. Residents in aged care fall through no fault of anyone. Sometimes they are impatient, sometimes they lose their balance. It’s not always the fault of the workers,’ one more offered.
However, one refuted this statement and said that dementia units are usually high dependency units. Therefore, it needs to be strictly watched.
‘My father had a fall in the middle of winter and left outside for over an hour. He had a broken wrist not checked for 8 weeks. There are care protocols after a fall and nobody took responsibility for this poor lady,’ the user added.
Another said that while falls do happen, the patient should always get checked by a doctor in the immediate aftermath – especially if the patient has dementia. ‘They can’t always recall what happened or what they hit. The ambulance was called hours afterwards when she started passing out and vomiting,’ they explained before adding that Mrs Megens’ demise could’ve been prevented had there been appropriate medical assistance given right away.
One more said that their concern is not with the fall itself but with the facility’s reaction time. ‘In my time, I have seen too many facilities who are in it for the fiscal return and not for humanitarian reasons like we are led to believe,’ they claimed.
While others simply sent their regards to the family members affected by the tragedy. ‘So sorry this happened to your dear wife, may she rest in peace,’ someone wrote.
What’s your stance on this, members? Do you think the aged care facility is to blame or was this an unfortunate accident? Share your thoughts with us in the comments below!
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