Family Of Missing NH Man Found Deceased Files Lawsuit

PORTSMOUTH, NH — The family of man who was missing in southern New Hampshire last year but found deceased months later, not far from a medical facility where he was supposed to receive medical care, has filed a lawsuit against three companies for negligence in the man’s death. Attorneys for Coughlin, Rainboth, Murphy, & Lown, on behalf of the estate of John “Jack” Walsh Jr., have filed the suit in Rockingham County Superior Court against Pleasant Valley Nursing Center, Action Ambulance, and Parkland Medical Center, for negligence. Walsh – the suit claims – was reportedly not properly cared for by the three organizations on Dec. 13, 2016, after being transported by an ambulance from the nursing center where he lived to the medical center for a doctor’s appointment after having lunch with his family.

The lawsuit alleges that an EMT assigned to drive Walsh to the appointment was a new employee, checked him into the medical appointment, but reportedly left him with her cellphone number written on a piece of paper even though he was mentally incapable of calling her for a ride after the appointment. He also didn't own a phone, according to the suit.

A staffer at Parkland called for Walsh for his appointment but he didn’t respond to the call and that staffer reportedly never tried to find Walsh, contact the EMT, or his nursing home to find out where he was. Walsh is believed to have wandered off. He was last seen heading from the Derry facility toward Windham.

Officials also reportedly didn’t call police about him being missing for several hours, according to discovery information.

An extensive search was conducted by numerous volunteers, family members, and the Derry Police Department but Walsh was not found.

About three months later, an off-duty police officer found Walsh, face down in a swamp, partially submerged in water, less than a mile from Parkland. The cause of death, according to the report, was “probable idiopathic cardiac hypertrophy” although the lawsuit noted that Walsh had a contusion on his left forehead and his head was near a small tree “consistent with a fall, incapacity, and drowning.”

Attorneys are seeking a jury trial and judgment for the estate “in an amount sufficiently, fairly, and adequately compensate it for injuries and losses plus costs and interest,” according to a press statement.

“The family is grateful to the several hundred volunteers and police and other authorities who assisted in trying to find Mr. Walsh,” according to attorney Michael Rainboth. “The family hopes that this lawsuit will bring attention to the unfortunate situation where nursing home residents are not being properly cared for and supervised.”

Joanne Simpson, Walsh’s sister, who had lunch for him just before his appointment and when he disappeared, said that his death should have never happened.

“We hope that this tragedy,” she said, “although it hurt our family very much, will, in some way, benefit the public by not allowing this type of carelessness to happen again.”

Read the full complaint online here.

Image via Derry Police.