July 06, 2018 06:52 PM
A western Minnesota caregiver already at the center of a criminal manslaughter case in Redwood County is now facing new legal action.
This time, a new civil lawsuit has been filed by the family of 101-year-old resident Evelyn Schweim, who died in 2017, against Francisco Javier Ramirez and a nursing staffing company, All Temporaries Midwest, Inc., according to the Hennepin County District Court case.
"Someone failed her horribly," said Barbara Pivec of Chaska, Schweim’s niece. "She had to have a very painful death and that bothers me and everyone in our family."
Schweim had just finished a bath at the Sunwood Good Samaritan Center in Redwood Falls when the accident occurred, according to criminal court records.
According to the criminal complaint filed last month, Ramirez was charged with second-degree manslaughter, one count felony criminal neglect, one count gross misdemeanor criminal neglect and mistreatment of residents or patient.
The Redwood Falls Police investigation showed Ramirez, who administered the bath, raised the chairlift to its highest level - 5 feet - when, according to the complaint, standard procedure is no higher than 1 or 2 feet.
The complaint alleges that when the chair was at its highest level, Ramirez removed the woman's seatbelt and she fell from the chair. Ramirez allegedly attempted to move her himself, then left her alone while he went to get help.
"Mr. Ramirez is innocent of the charges alleged in the complaint," said Daniel P. Repka, Ramirez’s attorney. "If this case goes to trial, we are confident that a judge or jury will agree."
Schweim died a week later due to complications from the multiple fractures, according to an investigative report conducted by Minnesota’s Department of Health. They also found "neglect" in their report that concluded Dec. 29, 2017.
Schweim’s family said Evelyn used to work as a nurse in western Minnesota for many years.
"She did a lot of mentoring of young girls that wanted to become nurses," said Pivec. "It's missing a family member, someone who meant a great deal to everyone."
5 EYEWITNESS NEWS reached out to the nursing company named in the civil suit but had yet to hear back at news time with a comment.
To file a complaint with the Minnesota Adult Abuse Reporting Center, click here.
Updated: July 06, 2018 06:52 PM
Created: July 06, 2018 03:18 PM
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