A devastating tale of alleged negligence has unfolded in Pinellas County, Florida, where a healthcare facility is accused of failing to provide timely and adequate care to a patient, leading to his untimely death. Michelle Markievich, acting as the personal representative of the estate of John W. Whaley Jr., filed a complaint against Apollo Healthcare & Rehabilitation Center, LLC on March 6, 2025, in the Circuit Court of the Sixth Judicial Circuit. The lawsuit accuses the defendant of gross negligence and seeks damages exceeding $50,000.
The case centers around John W. Whaley Jr., who was admitted to Apollo Healthcare & Rehabilitation Center on October 26, 2022, for recovery from medical conditions related to a stroke. During his stay at the facility located in St. Petersburg, Florida, Mr. Whaley developed symptoms of fatigue and confusion that prompted his neurosurgeon to order an urgent CT scan. However, according to the complaint filed by Markievich's attorney Scott Distasio from Distasio Law Firm, the facility failed to execute this STAT order promptly and scheduled it for seven days later instead. Tragically, five days after the order was made and two days before the scheduled scan, Mr. Whaley became unresponsive and was rushed to a hospital where he was diagnosed with another stroke. He passed away on November 16, 2022.
Markievich alleges that Apollo Healthcare & Rehabilitation Center breached several duties owed under Florida law and federal regulations by failing to provide adequate staffing levels and proper training for its employees. The complaint details numerous failures including not monitoring changes in Mr. Whaley’s condition or notifying his physician about these changes promptly. It also accuses the facility of neglecting their responsibilities under Title 42 C.F.R Part 483 which mandates compliance with standards set forth for facilities accepting Medicare and Medicaid.
In seeking justice for what she perceives as preventable negligence resulting in her father’s death, Markievich demands judgment against Apollo Healthcare & Rehabilitation Center for damages covering bodily injury suffered by Mr. Whaley prior to his death along with pain endured by surviving family members like John Whaley Sr., who lost parental companionship due directly from this incident.
Represented legally by Scott Distasio Esquire (Florida Bar No:843652) from Tampa-based Distasio Law Firm; Plaintiff calls upon court proceedings demanding pre-judgment interests covering any pecuniary losses incurred out-of-pocket alongside costs associated with pursuing legal action while insisting upon trial-by-jury over all triable issues raised within this case identified under Case Number:25-001088-CI overseen initially through filing processes handled electronically via Ken Burke serving capacity Clerk Circuit Court representing jurisdictional interests surrounding matters brought forward before Pinellas County's Sixth Judicial Circuit bench officiated presumably presiding judge(s).