Janet Walsh, individually and as special administrator of the estate of the late Cletus Whelan, has sued Monroe County – doing business as the Oak Hill and Evergreen Pointe senior living communities in Waterloo –  and Elizabeth Pauline, John Doe and  John Doe Corporation.

Walsh filed 12 total counts against the defendants, alleging wrongful death, common-law negligence, violations of the Illinois Nursing Home Care Act and “willful and wanton” violations of the Nursing Home Care Act.

Court records indicate Whelan was admitted to Oak Hill/Evergreen Pointe on Oct. 16, 2023, following a hospitalization at St. Luke’s Hospital in St. Louis.

The record also states Whelan had “signs, symptoms, conditions and/or comorbidities at the time of his admission to Oak Hill/Evergreen Pointe that increased his risk of falling”   and the defendants were aware of his history of falls at the time of admission to the county-owned facility.

According to the filing, Whelan fell on Oct. 18 and Oct. 25, after which Walsh, Whelan’s daughter, requested use of a “bed alarm or position change alarm” as part of Whelan’s care.

The filing then alleges that during an Oct. 27 meeting, Pauline, Oak Hill’s director of nursing at the time, “refused the request for a bed alarm or position change alarm” and “did not suggest or implement alternative measures to keep decedent (Whelan) from falling.”

Court records further state that Whelan fell and struck his head on Oct. 28 and was then admitted to Mercy South Hospital in St. Louis County with a subdural hematoma.

Whelen died on Oct. 29, with the filing alleging his death was due to a “closed head trauma caused by the fall on Oct. 28.”

Walsh is seeking in excess of $50,000 for each count “for the substantial loss sustained as a result of the injuries to (Whelan).”

Walsh’s attorney has requested a jury trial, but nothing has been scheduled yet besides a clerk review in October 2025.