DAYTON, Ohio — A Dayton family has filed a wrongful death lawsuit against the Sanctuary at Wilmington Place after their father, Ronald Wysong, choked to death on video. The incident occurred on January 16, 2022, when Wysong began choking in front of a nursing aide who, the lawsuit says, instead of assisting, handed him a bucket and left him alone. Over the next 10-15 minutes, Wysong reportedly struggled to breathe before losing consciousness. When staff eventually returned, they allegedly failed to render aid, and the crash cart they retrieved was inoperable.
The Montgomery County Coroner’s Office confirmed that Wysong choked to death. The Ohio Department of Health reportedly cited the facility for multiple violations, including failing to ensure staff were CPR certified, not inspecting safety equipment, and neglecting to perform CPR properly.
The wrongful death lawsuit, filed by Wysong’s family, is pending before Judge Angelina N. Jackson in Montgomery County, Ohio, under Case No. 2023 CV 00151. The suit alleges negligence, wrongful death, and violations of nursing home resident rights laws.
According to the attorney for the family, Wysong became a resident of Sanctuary at Wilmington Place on January 1, 2022, following a fall that resulted in fractures to his left shoulder and hip. His family placed a video camera in his room, which allegedly captured numerous instances of staff neglect, reportedly including ignoring his cries for help and failing to acknowledge his complaints of breathing difficulties.
The lawsuit states that Wysong was on a strict liquid diet and at risk of choking, a fact reportedly known to the facility. On January 16, 2022, after eating lunch, Wysong struggled to breathe and asked a nursing aide for help. Instead of assisting him, the aide allegedly left him alone. His assigned nurse, who was on a cigarette break, returned too late to provide effective aid.
The family alleges that Sanctuary at Wilmington Place was systematically understaffed, a claim reportedly supported by Medicare records indicating below-average staffing levels for registered nurses, licensed practical nurses, and aides. The facility’s negligence, they argue, directly led to Wysong’s death.
“This lawsuit exposes the disturbing reality of nursing home activities. Thanks to the family’s decision to install a video camera in Ronald’s room, we can now witness the events that led to his tragic death. It emphasizes the crucial need to support families who have lost loved ones to nursing home abuse and neglect. By advocating for them, we seek justice and aim to prevent similar tragedies in the future, ensuring the safety and dignity of all nursing home residents,” said trial attorney Michael Hill.
The lawsuit seeks compensatory and punitive damages to deter similar conduct in the future. The trial is set for January 2025.