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Wrongful death claim is denied
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MONROE - The Green County Board has dismissed as without merit a wrongful death claim being pursued by the estate of a county Pleasant View nursing home patient, who died there in 2010.

The move is largely procedural, but clears the way for the estate of patient Eunice Magee to sue, officials said.

"We didn't think there's any merit to it, so we disallowed it," said Green County Corporation Counsel Brian Bucholtz, referring to county board action on the matter on Tuesday.

The board concurred, agreeing with the move to disallow via unanimous voice vote.

Bucholtz declined to provide details about the nature of the claim, citing possible legal action. But the resolution to dismiss says that the claim is related to some aspect of the nursing home's care that allegedly "injured Eunice Magee and led to her wrongful death on June 23, 2010."

The Magee estate's attorney, Milwaukee's Howard S. Sicula, was not immediately available for comment on the case late Tuesday. But a partner in his law firm, Jeffrey A. Pitman, issued a statement, saying: "It's clear that Pleasant View chose not to assist her (Magee) with consuming foods and fluids as they were required. As a result, she suffered an avoidable loss of weight and died of thirst (dehydration)."

Further, Pitman said a pair of state reports "citing the nursing home for violating federal nursing home regulations," support, in part, "our allegations of neglect."

State law requires that the county receive notice of a claim prior to the filing of such a lawsuit, Bucholtz added, saying he was unsure when a lawsuit will be filed.

"We are obligated to address all these claims," said County Clerk Michael J. Doyle.

The matter is being handled by counsel for the county's insurer, said Bucholtz.

In other matters, the board, on March 8:

n Raised the daily per-prisoner cost of food for Huber Law, work-release inmates from $15 to $16.50. Doyle said there has been no increase in the food fee for about a decade.

n Agreed to add a part-time social worker to the county's age and disabilities resource unit. The position, which pays $16.83 hourly, is funded by the state.

n Modified the county's health insurance and personal days policy - a procedural action precipitated by the county's becoming self insured, officials said. The resolution approved Tuesday sets insurance policy for non-union county employees, and mirrors changes recently approved for union county workers, officials said.