Lawsuit: Illinois retirement facility caused WWII vet's severe illnesses, injury - and kept him from 75th D-Day Anniversary recognition ceremonies

CHICAGO, June 25, 2019 /PRNewswire/ -- A 96-year-old decorated World War II veteran is suing an Evanston independent living facility for negligence, saying it caused the pneumonia, MRSA and a broken pelvis that kept him from being honored in France's 75^th D-Day Anniversary recognition ceremonies.

To add insult to injury, Westminster Place of Evanston is now trying to evict Charles Banas after he's paid more than $1.25 million to live there until he dies.

Banas, who flew two D-Day bombing missions, and his late wife Carley signed a life-care contract with then-named Presbyterian Homes., 3200 Grant St., in 2003 and planned to remain there until they died. Although Carley died in December 2012, Banas has paid more than $1.25 million since 2003 to remain. Presbyterian Homes restructured in 2015 and was renamed Westminster Place. 

But in his lawsuit filed in Cook County Circuit Court, Banas and his daughter charge that life at Westminster has been no picnic. They said a sewage line at Westminster Place collapsed in early 2018 and poured brown contaminated water into his apartment there. 

Although Westminster allegedly attempted to fix the leak, there were multiple delays and Westminster failed to properly clean up the contamination, they said. An outside investigation revealed the apartment's HVAC and surrounding floor contained high amounts of fecal bacteria and mold.

The dangerous contaminants caused Banas' community-acquired pneumonia and MRSA, the suit says, sending him to the hospital for weeks. When he was finally discharged to Westminster's skilled nursing and rehab facility, the McGaw Care Center, to continue recovering after the hospital stay, Banas – who was supposed to be assisted by nursing staff while there – fell and fractured his pelvis and sacrum in three places. 

Pressure sores that then developed while he was at McGaw meant doctors had to postpone necessary surgery to repair the fractures. 

The multiple fractures and lengthy recuperation, however, meant Banas couldn't travel – and Banas had to cancel a planned trip to England and France to participate in ceremonies commemorating D-Day's 75^th Anniversary. 

Banas played a critical part of the U.S. Army Air Corp assault on June 6, 1944: that day, then-1^st Lt. Banas flew his Boeing B-17 Flying Fortress on two bombing missions, taking out railroad bridges and coastal guns to aid the U.S. forces' beach landing in Normandy. Banas earned the Distinguished Flying Cross, one of the military's highest honors, for his actions. 

Furious and deeply saddened at missing the D-Day commemoration events, Banas and his daughter had attorney Steven Levin, of Chicago law firm Levin & Perconti, notify Westminster on Feb. 1 that they would be filing suit and request that all evidence be preserved. 

On Feb. 5, however, Westminster sent Banas a letter threatening eviction, claiming he owed back fees. Banas says he doesn't.

"Think of all that he's lived through, a World War II hero who got so sick because of this facility, who missed a once-in-a-lifetime honor and how even with all of the money he's paid Westminster Place, and after all of the pain and suffering they have caused, they're now trying to kick him out onto the street," Levin said. "That's no way to treat any human being, let alone a decorated war veteran." 

Though Banas and his daughter attempted to reach an agreement with Westminster, talks fell apart and on May 23, Westminster filed an eviction lawsuit in Cook County Circuit Court. It was the last straw for Banas, and Levin filed suit against Westminster Place alleging multiple violations of the Illinois Nursing Home Care Act for the neglect that resulted in Banas' preventable injuries.

In the meantime, Charles Banas remains at Westminster Place. "Mr. Banas trusted this facility would protect his health and safety, and he signed a life-care contract because Westminster promised they'd take care of him," Levin said. "But not like this."

Contact: 
Joannè von Alroth
Page 2 Communications
[email protected] 
312.801.6680 ext.507

SOURCE Levin & Perconti