SUIT FILED IN DEATH OF PATIENT; MAN CHOKED ON DINNER.

Byline: Karen Maeshiro Daily News Staff Writer

A Lancaster nursing home has been accused in a lawsuit of allowing a blind patient who suffered from Alzheimer's disease to choke to death on his dinner.

Because of inadequate staffing in the A.V. Nursing Care Center's dining room, the lawsuit filed by Ben Benigno's daughter states, the 79-year-old retired department store textile buyer did not receive help until he turned blue.

Benigno died 11 days later at Antelope Valley Hospital of what the death certificate says was hypoxic encephalopathy caused by choking on food.

``The family thought something should be done,'' said the family's attorney, Craig Keup. ``He was legally blind and supposed to be in a special feeding program. Somehow he wasn't being watched, because he was blue when they noticed it.''

The lawsuit names as defendants Antelope Valley Nursing Care Center Inc.; A.V. Nursing Care Center, a locked-door, skilled-nursing facility specializing in the care of Alzheimer's patients; and two staff members, the center's administrator and a director of nursing.

The suit was filed two weeks ago in Lancaster Superior Court by Benigno's daughter, Marie Brisebois of Palmdale. Benigno, a widower, had entered the facility in April 1995. He died Dec. 1, 1997.

Administrator A. Gail Brannan could not be reached for comment, and other officials at the center declined to comment.

Officials with the state Health Services Department said the center's license is in good standing and that it is certified to receive federal funds. In annual surveys, the state found the center deficient in 34 areas in 1996 and 12 areas in 1997, records show.

In addition, in February state health inspectors responding to a complaint found deficiencies with respect to patient care. All deficiencies were corrected, records show.

``It's a fairly new facility. It doesn't have that long a history,'' said Michael Stampfli, a health facilities evaluator supervisor. ``They have improved from 1996 to 1997.''

Since 1996, of the 18 complaints lodged against the facility - most having to do with patient care, neglect and abuse, and administration - five were substantiated.

A complaint against A.V. Nursing involving its care of Benigno was filed eight days before he choked, but state investigators did not go to work on it until January.

Stampfli said the complaint was substantiated and two deficiency notices were issued, but no specific details were available.

A.V. Nursing was cited in February 1996 for violations regarding patient records, but the citation was dismissed after the center contested it, Stampfli said.

The lawsuit claims A.V. Nursing ``made a practice of having incompetent and insufficient staff treat the residents,'' even after the state Health Services Department found the center deficient in its staffing levels.

The lawsuit further claims the center did this to minimize expenditures and increase profitability.

During his stay at the facility, Benigno suffered numerous injuries from falling off his bed and from wandering through the facility, the lawsuit said.

``Although Mr. Benigno was legally blind and was assessed to have poor judgment, a tendency to wander and to be a risk for injury, he was left alone and unattended to aimlessly wander unassisted and unsupervised through the facility,'' the lawsuit stated.

The lawsuit also claims the center failed to shower and bathe Benigno and ``caused him to sit, lie and remain in his own fecal matter and urine for extended periods of time.''

Because of his health condition and tendency to place large amounts of food in his mouth at a time, Benigno needed his food to be cut in small pieces and close supervision and assistance during meals, the lawsuit said.

In the Nov. 20 incident in the center dining room, Benigno was left unsupervised while eating pieces of meat that were not properly cut up for him, and began choking, the lawsuit said.

``Due to lack of supervision and inadequate staff in the dining room, no assistance whatsoever was rendered to Mr. Benigno until he had turned cyanotic,'' the lawsuit said.

He was transferred to Antelope Valley Hospital, where large amounts of ground beef were removed from his throat and the airways of his lungs, the lawsuit said.

Benigno thereafter remained comatose and suffered numerous seizures, developed aspiration pneumonia and subsequently died in the hospital Dec. 1.