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Closing arguments in Oregon nursing home death

11:23 AM PDT on Monday, October 6, 2008

By kgw.com and AP Staff

PORTLAND, Ore. -- Closing arguments were set for Monday in the case against two former nursing home workers accused of failing to get medical help for a patient who was dropped and suffered two broken legs.

The patient, 60-year-old Linda J. Ober, was injured while getting transferred from a wheelchair to a bed. She died less than a week after the fall.

A wrongful death suit filed by Ober's daughter against Gateway Care and Retirement Center claims workers ignored the woman's pleas for help and tried to persuade her that the fall was just "a bad dream."

Former employees Suzanne Ruddell, 58, and Verna Heide, 63, have been charged with felony criminal mistreatment. The case was being tried before Judge Bearden in a Multnomah County courtroom.

A third former worker, Cammy Nye, 53, was indicted on accusations of misdemeanor reckless endangering. Nye has a warrant out for her arrest.

Deputy District Attorney Sam Dowlatdad declined comment, and attorneys for Ruddell and Heide couldn't be reached for comment.

The women were indicted in February, more than a year after Ober's death and two months after Ober's daughter filed the $3.5 million lawsuit, The Oregonian newspaper reported.

Portland police spokesman Sgt. Brian Schmautz said 15 months is not an unusual amount of time to investigate a case and present it to a grand jury.

Rick Harding, administrator of the Portland nursing home, said two of the employees were fired, and the third resigned shortly after Ober died. Harding declined to speak about the case this week. In January, he disputed the allegation in the lawsuit that Ober was ignored even though she was moaning in pain, calling it "totally false."

Harding said he saw Ober and chatted with her in the days after her legs were broken. He said she didn't mention anything about being in great physical pain.

Ober was taken to a hospital five days after the fall, and she died the following day.

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