Attorneys for a former patient at Goldwater Care in Danville, Illinois, have filed a wrongful death lawsuit, seeking damages exceeding $300,000.

The suit was filed by attorneys Dudley & Lake, LLC, in April on behalf of Marion Ballard.

The lawsuit details that Ballard, a resident of Goldwater Care, suffered an “aspiration event” on September 19, 2024. During lunch, he began choking and coughing on “secretions.”

The lawsuit also alleges that nursing home staff attempted to find suctioning equipment, but that they were not able to “timely locate” it.

The lawsuit alleges that the aspiration was insufficiently managed, leading Ballard to endure considerable pain and respiratory distress.

While Ballard was experiencing respiratory distress, the lawsuit also alleges that nursing staff failed to contact paramedic or other emergency services. Eventually, a nurse practitioner was contacted, retrieved the proper equipment, and removed “copious amounts” of phlegm.

“Despite the efforts of the nurse practitioner to remove the phlegm, [Ballard’s] condition never improved, and he passed away later that evening,” the lawsuit continues.

The lawsuit is seeking over $50,000 for each of the six counts. The suit names three entities: Goldwater Care Danville, LLC; 620 Warrington Ave, LLC; and Goldwater Care Management, LLC.

Goldwater Care Danville owned, operated and/or was the licensee of the skilled nursing facility located at 620 Warrington Ave. in Danville. Goldwater Care Management, LLC was a corporation who contracted with the facility in Danville.

WCIA previously reported that Goldwater Care Danville received a Class AA violation for failing to “provide timely emergency airway management” to a resident who started choking during a meal. Goldwater Care was fined $25,000.

According to court documents, a jury trial was requested on April 25, 2025.