Nursing Home Abuse Lawyer Blog

In this struggling economy, everyone is more aware of life's ever increasing expenses. As we grow older, worry about dealing with the financial burden of the "extras" that Medicare and Medicaid don't cover, such as part-time home care, physical therapy sessions, and various prescription drugs, creeps in. Long-term care insurance seems to be an answer to the ever-growing need.

Should I purchase long-term care insurance?

Medicare only pays for short-term medical care at home or for a limited stay in a nursing home facility after a hospitalization. Medicaid pays for long-term care - but only after people have spent the majority of their assets. If a situation exists where one half of a married couple has to enter a nursing home facility and the couple "spends down" all of their assets, the remaining half of the couple could be in a financial predicament if they outlive their spouse. Long-term care insurance can help to protect assets and pay for expenses.

At what age should I worry about carrying long-term care insurance?

Try to begin considering long-term care insurance in your 50s. If you wait until your 60s, pre-existing health problems may preclude you from qualifying for a policy. Additionally, the younger you are, the lower the premiums.

What type of coverage am I looking for?

First, under nearly all long-term care policies, coverage begins when the insured can no longer perform activities of daily living, such as walking, eating, or bathing, due to a physical or mental impairment. Confirm that long-term care coverage will begin if you cannot perform any one of the three activities - not all three.

Make sure that your long-term care policy covers all types of care, such as nursing home care, assisted living care, and home health care attendants. Most policies do provide for all these types of care, but you should review the policy carefully to ensure that the policy does not contain narrow restrictions.

Ensure that your policy covers all types of caregivers. You might want to have someone come in and prepare meals and clean, so make sure your policy pays for "skilled, intermediate, and custodial care".

Your policy should cover a wide range of illnesses and injuries. Carefully read your long-term care policy to ensure that your policy does not exclude more than it includes.

Inflation protection is key. Your long-term care coverage should increase the daily benefit amount enough to sufficiently cover inflation. If it does not, you could be responsible for the overage.

Long-term care insurance is expensive. To try and maximize your benefits and try to lessen the financial burden:

- Consider avoiding lifetime benefits. If you enjoy playing the odds, you might want a policy that covers a set amount of time, such as four to five years. The average nursing home stay is two to three years and only 12% of nursing home residents live longer than five years once they enter. Of course, if you are in that 12%, you may have a problem paying for the care after the time period expires.

- Find a policy that pays a monthly sum. That way, you have the flexibility to receive more care on some days and less on others.

- Consider a "front-loaded" policy. With these types of policies, the insured pays the entire cost of the premiums before retirement and a deceased income.

- Consider cash benefit policies. These types of policies will send you regular cash payments. You are free to use these payments for whatever you wish.

This information is provided to inform of various options and is certainly not legal advice. If you are in the market for long-term care insurance, contact a local elder law attorney and/or insurance agent for more specific information on this important topic.

We discussed the tragic abuse at the Good Samaritan nursing home in Albert Lea, Minnesota in previous blogs. Aides at the facility targeted residents suffering from Alzheimer's disease, dementia, or similar disease because "they don't have their minds". To "make work fun or to get a good laugh", the accused aides abused residents by ranged from spitting in a resident's mouth, groping of genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

Now, one of the aides, Brianna Broitzman, is denying abusing any of the residents at the nursing home facility, although other statements differ. Those statements, obtained from other nursing assistants in an interview with the Minnesota Department of Health, confirm that Broitzman was verbally and mentally abusive to residents. Broitzman is asking a judge to rule statements made to investigators are inadmissible.

Arden Courts, a personal care home located in Louisville, Kentucky, was cited for the second time in less than six months for failing to properly care for its residents. On June 22, 2009, Arden Courts was hit with a "Type A" citation, the most serious citation available from the Cabinet for Health and Family Services, and faces a possible fine of up to $5,000.

The citation came after investigators determined that a resident was injured on June 12 in a fall at approximately 4:45 a.m. and did not receive medical attention despite her complaints of pain and informing staff that she believed she had broken a bone. No medical attention was provided until family members demanded that a doctor be called after they arrived in the afternoon and saw the resident's condition. The resident was taken to the emergency room and was treated for a pelvic fracture, low blood pressure, and a laceration on her elbow that required stitches. This resident was not to walk without a walker, however, no walker was with her when she was found on the hallway floor early that morning. This resident also required total assistance with bathing and other personal care tasks.

In addition to failing to seek medical treatment for the resident's injuries, investigators determined that the facility also failed to prevent accidents and ensure the safety of its residents. The citation also found that the facility was caring for residents requiring more assistance and services than the facility is licensed to provide.

This facility was also cited in February 2009 for failing to provide appropriate care for seven residents who suffered repeated falls. Two of those residents had developed bedsores and four residents had suffered significant weight loss. All seven residents needed more skilled care than Arden Courts could provide as a personal care home.

The Terry Law Firm is experienced in handling cases of elder abuse and neglect. Please contact us at (888) 317-2525 or visit our website at www.nursinghomejustice.com

We discussed this matter in a previous blog. Twenty-four year old Mark Genetiano was arrested after allegedly fondling an elderly woman's breasts while working as a CNA at Kahala Nui retirement community.

Now, Genetiano has been indicted on six counts of sexual assault involving four victims. The victims range between 89 and 92 years old and were unable to fight back due to various stages of dementia. Genetiano's co-workers allegedly witnessed the acts.

Once a firm date is set, Genetiano faces Circuit Court arraignment and will enter a plea. If convicted of one count of third-degree assault, Genetiano faces up to five years in prison. Due to the multiple count indictment, prosecutors could seek an extended prison term of up to ten years in prison.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Tashnika Madison, a CNA at Silver Cross Nursing Home in Brookhaven, Mississippi, allegedly used her forearm and pushed against the back of a nursing home resident's neck while she was placing her in a mechanical lift. Fortunately, the resident was uninjured and was only shaken up.

Madison pleaded guilty to one count of misdemeanor abuse of a vulnerable adult and was ordered to pay a fine of $268.50.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

We discussed this story in a previous blog. Eighty-four year old Harrison Blankenship was arrested for first degree sexual assault at Bradford Square Rehabilitation and Nursing Center after a facility staff member walked in and caught him sexually abusing an 87 year old female resident.

Now, Blankenship says "it was all a big misunderstanding". Allegedly, a nurse at the facility saw Blankenship pushing the resident down the hall to her room. A nurse entered the room and found the curtain closed. When she opened it, she saw Blankenship sexually abusing the resident. Blankenship says the nurse was "mistaken".

Blankenship, a World War II veteran and survivor of a Nazi Prisoner of War camp, is already a registered sexual offender for the rape of a 13 year old in 1995.

The Terry Law Firm is experienced in handling cases of nursing home sexual assault. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

We discussed Life Care Center in Red Bank and its admissions suspension in a previous blog. Admissions to Life Care Center in Red Bank were suspended for new residents after an inspection revealed deficiencies in administration, performance improvement, physical services, nursing services, medical records, and pharmaceutical services.

Sanctions were lifted on June 23, 2009 after the Tennessee Department of Health found the facility was in compliance with regulations once again.

Natasha Petit-Homme, an admissions clerk at Woodlake Nursing and Rehabilitation Center in West Palm Beach, Florida, was arrested on June 25, 2009 for allegedly stealing over $2,300.

Petit-Homme is accused of stealing an elderly woman's checkbook and writing herself a check in the amount of $2,341. She deposited the money into her personal checking account. The victim did not give Petit-Homme permission to write a check nor did she have permission to cash the check.

Petit-Homme is charged with one count of exploitation of an elderly person, which is a third-degree felony. If she is convicted, she faces a fine of $5,000 and up to five years in prison.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Regal Health and Rehab Center, a nursing home facility located in Oak Lawn, Illinois, faces possible closure despite correcting recent violations and becoming compliant with state and federal regulations. We had discussed Regal Health and Rehab Center in a previous blog. The facility was recently cited for dirty drinking fountains and appliances, water damaged ceilings, rodent droppings on the floors, employees washing their hands in sinks containing food, and employees smoking in the building.

The Illinois Department of Public Health is seeking to close the facility for their history of repeat offenses of noncompliance with state and federal regulations. According to Melany Arnold, a spokeswoman for the Illinois Department of Public Health, "The state feels we have grounds to seek license revocation." The spokeswoman acknowledged that the facility is currently in compliance, but that has not always been the case. Arnold further said, "Regal has not made corrections soon enough or to the level it needs to be corrected." Regal has requested a hearing, which will be on July 27, 2009.

In April 2009, a resident attached to an oxygen machine lit and smoked a cigarette, causing a small fire. The patient suffered burns and died shortly afterwards. In 2004, Regal was fined $10,000 by the Illinois Department of Public Health for failing to investigate an alleged sexual abuse.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Aviara Healthcare Center was assessed a "AA" citation, the most severe citation available under California law, and fined $100,000 for its role in a recent resident death.

In late April 2009, the resident was admitted to the facility for rehabilitation for a fractured hip and was doing well. On May 9, 2009, the resident fell while trying to get out of bed early one morning. He was uninjured, but to ensure his safety, nursing staff decided to attach a tab alarm to his clothes to alert staff if he attempted to get out of bad. The very next morning, on May 10, 2009, the resident got out of bed around 3:00 a.m. and walked into the hallway. No staff responded to an alarm and it is unclear if the alarm ever sounded. As the resident began to enter the hallway outside of his room, he stumbled. The hallway did not have a handrail, so the resident grabbed a Hoyer lift that had been improperly stored in the hallway outside of the resident's room. A Hoyer lift is a large, heavy mobile mechanical lift used to lift residents out of bed. The resident fell to the floor, pulling the lift down on top of him and striking his head on the metal frame of the lift.

The impact of the fall was so severe that the resident suffered a severe bleed in the brain and the entire brain was pushed 1/3 of an inch past the center point of his brain to the right side. He died three days later due to blunt force trauma to his head.

The California Department of Public Health investigated the incident and found that seven different staff members knew that the lift was supposed to be stored in the shower rooms when not in use. Even after the resident's tragic death, state investigators found the lift in the same position outside the deceased resident's room on May 13, 2009 and May 17, 2009.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Glendale Home in Scotia, New York, a county nursing home facility, was recently assessed a federal fine of $20,800. The fine was the result of a state Health Department investigation that revealed lapses in care at the facility. In September 2008, multiple residents of the facility recounted to investigators the humiliation they felt begging to use the bathroom. Allegedly, residents were forced to wait to use restroom facilities due to insufficient staffing. At times, residents were forced to wait so long that they relieved themselves on the floor or in their beds. The residents reported that no one answered their call bells for assistance getting to the restroom. One resident had only lived at the facility for one month and required the assistance of two staff members and a mechanical lift to get out of bed. The resident and her daughter reported to state investigators that "staff would become angry with her for calling out when they were so busy and tell her she would have to wait". The resident also said that while waiting "she would be in pain from the urgency of needing to void". The resident told investigators that she had wet herself several times while waiting for the staff and that she was mortified and embarrassed that she wet her bed. When state investigators questioned staff about residents not being timely toileted, facility employees indicated that the facility was short-staffed on certain days, to the point that residents were not turned or timely bathed. The facility performed a study that helped determine when call light use was highest and re-deployed staff to handle the workload. Facility staff also attended "dignity" training, but no additional employees were hired to staff the facility. The facility is currently licensed to care for approximately 360 residents. In May 2009, Schenectady County voted to construct a new $50 million, 200 bed facility to replace the existing structure. Construction is expected to begin in early 2010. The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

A certified nursing assistant (CNA) at Kahala Nui nursing home facility in Hawaii was arrested on June 17, 2009 in connection with the sexual assaults of three elderly female residents at the facility.

The man was arrested at the facility on suspicion of five counts of third degree sexual assault. The assaults allegedly occurred between May 1 and June 1, 2009. Two of the assault victims are 89 and 92 years old and are residents of Hiolani Care, which is a skilled nursing facility at Kahala Nui.

The CNA was fired on the day he was arrested.

The Terry Law Firm is experienced in handling cases of nursing home sexual assault. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

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Admissions to Life Care Center of Red Bank were suspended as of June 17, 2009 after an investigation revealed violations in administration, performance improvement, physician services, nursing services, medical records, and pharmaceutical services.

The facility has been fined a one-time penalty of $5,000 and faces a daily federal civil penalty of $6,150 per day until the violations have been corrected. A special monitor has been appointed to review the facility's operations.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Eighty-four year old Harrison Blankenship was arrested after he allegedly forced an elderly eighty-seven year old nursing home resident to participate in a sexual act without her consent.

Police were notified that a visitor at the facility had sexually abused a resident at Bradford Square Rehabilitation and Nursing Center. Blankenship was arrested and charged with first degree sexual abuse.

Blankenship was arrested and released from the Franklin County jail. The resident was given a complete medical exam.

The Terry Law Firm is experienced in handling cases involving nursing home sexual abuse. Please contact us at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

We discussed the death of a resident at Cambridge-Brightfield Assisted Living Facility in Hatfield, Pennsylvania in our previous blog. Now, the aide accused in that incident has been accused of directly causing his death.

On October 8, 2008, seventy-nine year old Ronald Meyers suffered severe burns to his lips, mouth, tongue, and throat after Alvador Thompson, a former resident assistant at the facility, put hot Cream of Wheat cereal into a cup and allegedly poured it into his mouth while feeding him breakfast. Thompson failed to immediately report the incident and Mr. Meyers suffered for hours before being transported to a hospital for treatment. He died on October 23, 2008.

According to the Montgomery County District Attorney, forensic pathologist Dr. Walter Hofman ruled that the resident died from complications from the burns he suffered from the hot cereal. Detectives investigating the incident determined that Thompson knew she had injured Mr. Meyers but tried to cover up the incident.

Thompson has been charged with involuntary manslaughter, neglect of a care dependent person, as well as other charges. Her arraignment is scheduled for August 5, 2009.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit us on our www.nursinghomejustice.com.

Seventy-three year old Margaret Patton suffered from dementia and was dying from cancer that had spread to her brain. At times, she was heavily sedated with morphine for her own comfort. Her three granddaughters, whom she had raised, visited her regularly. Strangely, these three women who were so close to their grandmother had never met Eric Joe Penn, her alleged "nephew" and their grandmother had never mentioned him.

Randy Ray Richardson, a former prosecutor with the District Attorney's Office, and Eric Joe Penn were convicted on Wednesday, June 17, 2009 of first degree aggravated theft. Richardson was also found guilty of deceiving the woman to get her to sign documents deeding her home to Penn, her alleged nephew.

This is not Richardson's first scrape with the law. Richardson resigned in 2000 from the District Attorney's Office while he was being investigated for participating in a pyramid scheme, for which he was never charged. Other accusations of wrongdoing include bribing a witness in 2006 and burglarizing a former girlfriend's home. In 2002, he was accused of holding a woman by her throat. In 2005, he was seen on surveillance tape hitting a woman so hard that she was knocked to the floor of a parking garage. He was never convicted on any of these wrongdoings.

Allegedly, Penn contacted Richardson to help him get his "aunt" to sign over her house. When the men went to the nursing home, Margaret Patton was heavily sedated on morphine. A nurse from the nursing home facility testified that she told Penn that his aunt was in no condition to sign legal documents; Penn told her to leave the room.

Several days after Patton was tricked into signing over her home, she made an audio recording saying that she had been tricked into signing over her home. She was given the impression that if she signed the documents Penn provided that she would be allowed to go home to die, not deed the house to him. Penn did take Margaret Patton home but returned her to the facility the next day because "she refused to take her painkillers". Allegedly, Richardson told Margaret Patton not to trust her grandchildren, who visited her daily.

Margaret Patton's house was won back by court order.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit us on our website.

New resident admissions have been reinstated at Corinthian Place, an assisted living facility located in North Carolina. State regulators suspended new admissions at the facility on May 7 after an inspection revealed several serious violations affecting the health and safety of the residents.

The recent inspection revealed many problems. Eight of eleven exit door alarms were not engaged to alert staff, failure to test all residents for tuberculosis, failure to provide appropriate supervision for residents with aggressive/inappropriate behavior, falls, and wandering. Additionally, the facility admitted a resident who had been identified and documented as requiring a skilled level of nursing care and failed to administer medications as ordered by a resident's physician.

In one instance, a resident, who suffered from vascular dementia and a history of brain hemorrhages, was admitted to the facility's special care unit. The man had several displays of inappropriate and aggressive behavior toward residents and facility staff, which included hitting, pulling the fire alarm, and fondling a female resident's breast, as well as a history of falls. In fact, he died from a fall a few days after he was found unconscious on the floor, not breathing. His death certificate listed his cause of death as "closed head Injury and cause of death as a fall". The inspectors' report stated, "review of the resident's record revealed no documentation of hourly checks or any other increased supervision related to aggressive/inappropriate behaviors or falls". Additionally, the resident's physician ordered medications to treat dementia and anxiety, as well as Haldol to be taken every twelve hours. Haldol is used to treat mental and mood disorders as well. Inspector reports revealed that it appeared that the resident had not been given the medicine ordered for approximately four months.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit our www.nursinghomejustice.com.

In October 2006, Elaine Stinson underwent a hip surgery and was suffering from Alzheimer's Disease. Unable to care for her, her 92 year old husband admitted her to Leisure Palms in Fallbrook, California for care.

Elaine Stinson fell at the facility on December 31, 2006 and suffered a head contusion, broken ribs, and a punctured lung. Facility staff put her back in bed and neglected to care her doctor or family. The morning following her fall, her husband found her unresponsive at the facility. He called 911 and she was immediately taken to the hospital and underwent surgery. Her recovery took ten months.

Stinson's family filed a lawsuit on her behalf in January 2008 and alleged that staff members at Leisure Palms were improperly trained and some could not speak, read, or write English. Her attorney said, "There was an inability to monitor, care for or even understand the needs of the elderly that they take on". After a two week trial that ended on Monday, June 15, 2009, a jury determined that Elaine Stinson suffered abuse and neglect at the hands of her caregivers at Leisure Palms and awarded her more than $1.3 million for her past medical bills and damages.

The facility plans to appeal the verdict.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit us on our www.nursinghomejustice.com
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A former employee of Horizons in Okaloosa County, Florida has been arrested for abuse of a disabled person. Latoera O'Neal was arrested by the Attorney General's Medicaid Fraud Control Unit after an investigation revealed that O'Neal grabbed the resident by his feet and pulled him off of the facility's van, causing him to hit his head on the van floor, the running board of the van, and the pavement.

O'Neal is charged with one count of abuse of a disabled person, which is a third-degree felony. She faces up to five years in prison and a $5,000 fine.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit us on our website.

Lakewood Manor North was issued a "AA" citation, the most severe citation that can be assessed by the state Department of Health, in connection with a resident death at the facility and fined $100,000. In 2007, an 83 year old male resident lost his balance and struck his head on a bedrail while trying to transfer from his bed into a wheelchair. Approximately thirty minutes after the accident, nurses' notes documented a bluish discoloration on the left side of the man's head. Staff attempted to contact the attending physician, but the doctor did not return the call.

The resident's condition continued to deteriorate throughout the day and he refused to eat lunch or dinner, complaining of not feeling well. At 8:30 p.m., he was noted to be lethargic. At 9:30 p.m., the resident was transferred to the hospital - more than twelve hours after he hit his head. The resident had suffered bleeding on the brain and died five days later.

According to the state investigation, the man's head injury was not properly assessed or treated, resulting in the man's death. The investigation also found that the facility failed to provide safety supports needed to help prevent falls.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at our website if you have any questions or concerns.

Eily Lilly & Company, a major drug company, continued to encourage doctors to prescribe Zyprexa to elderly dementia patients, an unapproved use for the drug, even though the company had evidence that the drug did not work for that group of patients.

According to internal company documents, Lilly sent study results to the U.S. Food and Drug Administration in 1995 that showed Zyprexa did not help dementia symptoms in older patients. Nevertheless, Lilly began marketing the drug targeting the same group of people in 1999. At this time, the only approved use of Zyprexa was for patients suffering from schizophrenia. These documents also revealed that Lilly wrote medical journal studies about Zyprexa and asked doctors to put their names on the articles. In a February 15, 2002 email from Lilly researcher Peter Feldman to global marketing director, Denice Torres, Feldman said company officials were saying in internal memos that they were going to stop studying Zyprexa's potential health benefits for elderly consumers. "That would risk killing the goose that lays the golden eggs to save on poultry feed costs", he said. Torres assured him that older consumers would continue to be a prime target for Zyprexa.

In 2003, Lilly told the FDA that data from seven studies showed Zyprexa did not alleviate symptoms of Alzheimer's or other dementia. In fact, studies found death rates in older dementia patients taking Zyprexa "were significantly greater" than those who did not take the medication.

In 2005, Lilly was required to warn of the increased risk to elderly dementia patients using Zyprexa.

In 2008, Zyprexa was the best selling drug for Lilly with $4.7 billion in sales. Lilly pled guilty in January 2009 to a federal misdemeanor charge of illegally marketing Zyprexa for off-label uses to elderly consumers.

We discussed Administrator Belkis Pineyro-Wiggins in a previous blog. Pineyro-Wiggins took control of the Emory L. Bennett Veterans Nursing Home in Daytona Beach, Florida in August 2007. Shortly after her arrival, residents were told that the facility was not their home, that it was an "institution" and that they were not residents but rather, were "customers" or "clients". She allegedly slashed staffing levels dramatically and residents complained of physical and mental abuse and of their belongings being thrown away.

New allegations have been lodged against Pineyro-Wiggins in recent months. For the second time in almost a year, an employee has filed a police report against Pineyro-Wiggins for battery. Most recently, a CNA alleged that Pineyro-Wiggins grabbed her arm and shoved her into a counter on June 3, 2009.

According to the June 7, 2009 police report, CNA Amanda Foster and other nursing assistants were searching for a missing resident on June 3, 2009, when Pineyro-Wiggins grabbed Foster by the arm and shoved her into a counter. Foster alleges that Pineyro-Wiggins nearly knocked her off of her feet. An officer at the police department noticed bruises on Foster's biceps that would coincide with the injury she described.

In June 2008, the Risk Manger of the facility at the time, Linda Lewis, alleged that Pineyro-Wiggins grabbed her arm while attempting to take away some reports. The reports contained information about an increase in resident skin tears and Pineyro-Wiggins did not want Lewis copying the report. The incident left a bruise on Lewis' arm. Lewis alleged that there was a witness to the incident but "she later said nothing happened (in order) to keep her job."

In the last year and a half, multiple employees have quit their jobs and residents are complaining of abuse. According to the state Department of Children & Families, a new investigation was opened at the nursing home approximately a week ago concerning the alleged abuse of a resident.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 with any questions or concerns or visit our website at www.nursinghomejustice.com.

Two Connecticut Haven Health facilities face wrongful death lawsuits after two residents die from injuries suffered while at the facilties.

Robert Wininger

Robert Wininger was a Marine. He served in the Korean War and retired from a submarine base as a dispatcher. He was tough and not known to complain. When Robert fell in January 2005, he did not suffer any fractures, however he had suffered a heart attack a year prior, had surgery on his neck, and was weaker than usual. His doctors felt that physical therapy would be beneficial, so his family decided to admit him to Haven Health of Jewett City to rehab.

Robert wasn't getting the physical therapy he needed and was kept restrained in bed most of the time with a bed alarm. The family wanted him closer, so in March 2007, an opening became available at Haven Health of Norwich and he moved closer to home.

Sometime after the move, Robert began complaining to his wife and daughter, "My hip is killing me. My leg is killing me." Neither woman pulled down the sheet to inspect his legs because they didn't want to embarrass him.

On June 5, 2007, Robert's wife arrived at Haven Health and heard screaming as she walked down the hall toward Robert's room. She had him rushed to The William W. Backus Hospital. Doctors found gangrene in both of his legs. His legs were purple to the waist. To save him, doctors would have to amputate both of his legs at the hip. His wife refused to allow them to cut off his legs and Robert died less than 48 hours later at the age of 76.

The family filed a wrongful death lawsuit against the facility, the former medical director of the facility, Cornelio Hong, doctors Joselito Endaya and Eudardo Siccion. and Norwich Internal Medicine & Multispecialty Care, L.L.C., the facility the doctors worked for, Haven CEO Raymond Termini, and the Public Health Commissioner.

Nilda Simonds

Nilda Simonds was admitted to Haven of Waterford in April 2007 for strengthening therapy. Her doctor believed she would be out of the facility in two or three weeks.

In June 2007, her son, Richard Simonds, received a telephone call. His mother had fallen at the facility and hit her head, possibly on a trip to the bathroom. She had a bump on her head, but told her son she felt okay. In mid-July, Richard noticed his mother was acting strangely - confused and quiet. He looked at her head and a black and blue area from the bump going down her neck.

She was taken to the hospital, where doctors found a subdural hematoma, which is a traumatic injury where blood collects in the protective covering of the brain. She was rushed to another hospital, where surgeons drilled holes in her skull to try to relieve the pressure on her brain. Later, part of Nilda's skull was removed to try to reduce swelling. She died on July 25, 2007. She was only 69.

Nilda's family sued Harold Phillips, former medical director of Haven of Waterford, Sound Senior Geriatrics, L.L.C., the practice Phillips worked for, Haven's CEO Raymond Termini, and the State Health Commissioner.

Whispering Springs nursing home facility has lost its license after a recent facility inspection revealed violations that included expired medications, rodent feces, and failure to evacuate all residents during a fire drill. The Pennsylvania Department of Public Welfare found 33 violations in a March 2009 inspections, 12 of which were a repeat of violations uncovered in 2008.

According to the Department of Public Welfare, violations at Whispering Pines nursing home included:

- A large amount of rodent feces found on the floor and pantry shelves at the facility;
- A fire alarm system malfunctioned, displaying five trouble codes. Two fire extinguishers were not charged and one resident was left behind during two fire drills, according to inspectors.
- Expired medication was found, improper documentation of medication, unaccounted for pills, and unrefrigerated insulin; and
- On several occasions in February 2009, the sole staff member on duty was not certified in first aid, as required by law.

Julia Harris is the facility's President. Harris said that she "has been assured that all cited violations have been corrected", but feels that the report did not accurately reflect what happened during the fire drills. According to Harris, "A specific resident of the facility refused to participate and evacuate the building." Harris said that facility staff documented the resident's refusal to leave, but tried to explain the situation away by saying, "Whispering Pines is a very good home. But, as usual, DPW makes up new rules and each inspector looks at them differently."

The owners of Whispering Pines is appealing the decision and the facility is allowed to operate during the appeal process. However, the facility has been forbidden to accept any new residents during the appeal process.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please visit our website or contact us at 1 (888) 317-2525 with any questions or concerns.

Alamitos West Health Care Center was fined $100,000 after an investigation revealed that the facility failed to provide sufficient fluids to an 82 year old woman despite a Care Plan ordering fluid intake and output. The woman entered the facility in November 2008 and her doctor ordered that her fluid intake and ouput be monitored during every shift.

On December 19, 2008, the woman's physical condition had severely deteriorated and she was transferred to a hospital, where she was diagnosed with dehydration, a urinary tract infection, and "altered mental status". She also was suffering from acute kidney failure. She died six days later on Christmas Day.

Sadly, a registered dietitian at the facility was show to prove that the facility make sure that the resident was receiving fluids. A review of the patient's intake and output of fluids chart showed that some entries were illegible or blank.

Huntington Valley Healthcare Center was fined $80,000 after a resident was not provided CPR after a heart attack. On March 2, a registered nurse supervisor did not call 911 as a resident was dying "because she thought the patient had orders" not to be resuscitated. Rather, the patient's medical record included an advance directive form from a family member on which the option selected was "I DO WANT C.P.R." in an emergency situation.

When a licensed vocational nurse at the facility contacted a family member to inform them of the death, the family member was told that the resident was dead and that paramedics were not contacted because of a DO NOT RESUSCITATE order. The family member told the nurse to hang up and dial 911. By the time help arrived, the resident was found in bed with no heartbeat, covered with a sheet and there were no signs that CPR had even been attempted.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 with any questions or concerns.

Joseph Njonge is on trial, accused of murdering a resident's wife in the parking lot of the facility where he worked. Njonge, a nurse's aide at the Garden Terrace nursing home in Federal Way, Washington, was charged with first degree murder in the death of Jane Britt, the wife of one of the residents Njonge regularly cared for. Jane Britt allegedly was strangled in the parking lot of Golden Terrace and her body was placed in the trunk of her Mercedes-Benz. Her body was found on March 19, 2008; she was last seen at 7:00 p.m. on March 18, 2008, after visiting her husband.

Jane Britt visited her husband, Frank Britt, nearly every day and Njonge considered her his friend. Njonge last saw Jane Britt on March 18, 2008 at 5:20 p.m., while working the 2:30 p.m. to 10:30 p.m. shift. Prosecutors believe that Jane Britt scratched her assailant during a fierce struggle before she was strangled. A large sample of DNA was found under her fingernails. While Njonge said he did not know how his DNA got under Britt's fingernails, trial testimony revealed that the odds of the DNA under Britt's fingernails belonging to someone other than Njonge were 1 in 19 quadrillion. Njonge testified that Britt had scratched his head in a "lighthearted way" with both of her hands the day she was last seen.

During Njonge's testimony in his murder trial, he admitted to taking Frank Britt's Costco card. Allegedly, Njonge took the card in July or August 2007 to check out prices for a flat screen television and forgot to return it. He also admitted to taking a Thomas Kinkade painting from another resident's room and pawning a diamond ring he allegedly found in a shower room at the nursing home facility. Njonge said he took several framed paintings from the facility to duplicate styles of framing. "I usually took them back," he said.

If convicted, Njonge faces from 20 to more than 26 years in prison.

Frank Britt died in May 2009. Frank and Jane Britt had been married for 56 years.

Linda Darlene Carter was a passenger in an automobile that collided with another automobile at an intersection on February 8, 2008. Carter was severely injured in the accident, suffering from multiple blunt force injuries and closed head injuries. Her injuries left her unable to care for herself, so after treatment at the University of Tennessee Medical Center, she was transferred to Hillcrest Healthcare North on March 18, 2008 to continue her recovery. Nine days later, she was dead. She was only 46.

The Knox County Medical Examiner determined "because of nursing home neglect, the manner of death is homicide. Linda Carter, who had a feeding tube, died of dehydration due to inadequate care following multiple blunt force injuries due to automobile accident."
Linda Carter's children have filed a lawsuit in Knox County Circuit Court asking for $7 million in compensation and $28 million in punitive damages alleging "nursing home abuse and neglect".

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Do you know who is in charge of your loved one's medical treatment? Doris Critzer was completely unaware of the sanctions against Dr. Lewis Rogatnick, her mother's treating physician at a nursing home facility known as Heritage Hall. While Dr. Rogatnick contends that Ms. Critzer was satisfied with his care for her mother, Ms. Critzer refutes that statement. She said, "No, I was never satisfied. I complained to him about the wrong dosage of medicines many times. I think it's very important that people know about his past record."

Dr. Lewis A. Rogatnick, the current Medical Director of Evergreen Health and Rehabilitation in Winchester, Virgina and an attending physician at Golden Living Center - Rose Hill in Berryville, Virginia, has reportedly had his license suspended in four states. On November 12, 1996, "the Executive Committee of the Medical Staff at Jennings American Legion Hospital in Jennings, Louisiana summarily suspended his privileges for, among other things, his 'disruptive and abusive behavior towards nurses, staff and other employees of the hospital...[was]...detrimental to patient care and functioning of the hospital...[and] proper care for your patients...[was]...believed to be impaired". Rotatnick resigned from the hospital on November 21, 1996. Nearly three years later, he was reprimanded by the Louisiana State Board of Medical Examiners "based on false, sworn, misleading and/or deceitful responses he provided on three separate applications submitted to the Louisiana Board over the past several years". He was fined $3,000.

In October 1998, Rogatnick allegedly provided false information while applying for a Virginia medical license. His license was suspended, but the suspension was stayed pending payment of a $3,000 fine. His license was also suspended in Pennsylvania on December 18, 2001, for failing to disclose the 1999 Louisiana action. He paid another fine in the amount of $1,000.

His license was suspended again in 2001 in New York for the same reason, but the suspension there ws stayed based on conditions, including payment of a $5,000 fine.

Rogatnick explains the suspensions away saying, "that was in the distant past, early in my career. That has nothing to do with my present career whatsoever." Interestingly, Lori Imler, the Executive Director of Golden Living Center - Rose Hill, was unaware of the license suspensions, even though Rogatnick served as her Medical Director until February 2009.

We discussed Castle Manor Nursing Home in Hot Springs, South Dakota in our previous blog. In March 2009, the state Division of Criminal Investigation investigated accusations that a former Castle Manor male staff member had sexually molested several elderly female residents.

Following an investigation, prosecutors have determined that no criminal charges will be filed against the male nursing assistant, who was fired from the facility. The daughters of one victim alleged that the man continued to work after the abuse was reported, but the board chairman said he was fired after the first substantial allegation.

Civil litigation is expected.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Daniel Nathan Griswold, former CNA at Rest Haven Homes in Grand Rapids, Michigan, has been charged with criminal sexual conduct and gross indecency for sexually molesting two elderly women at the facility, both of whom suffered from memory loss. One victim is now deceased and the other still lives at Rest Haven. Griswold allegedly committed the crimes in the spring of 2008.

Griswold left the facility's employ abruptly last year citing personal reasons. He turned himself into police in May 2009 and also confessed to Brian Wilson, Rest Haven's Administrator, who was shocked.

The Terry law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit us at our website at www.nursinghomejustice.com.

Peter Southard

Bank One trust attorney Peter Southard suffered a brain aneurysm in 1984. Since that time, his wife, Diana Southard made his care her number one priority in life. Peter's stroke left him debilitated, forgetful, and always needing of a drink of water. Sadly, "he could be told to take a drink of water and 10 minutes later forget the conversation. He lived moment to moment." While a glass of water was left by Peter's TV stand, his brain damage was severe and while he was always thirsty, he would forget to drink. Someone needed to ensure he drank enough water by watching him do it.

On the occasions when Diana Southard needed assistance with his care, she would admit him to a nursing home for respite. In May 2005, she admitted Peter to Whetstone Gardens & Care Center and took a short break from his care. When she returned 15 days later, she found the man whom she described as the "love of her life" incontinent with clothes thrown around his room and a bloody rash on his groin from urine soaked bedding. He was immediately removed from the facility and died two days later from dehydration and kidney failure. He was 61 years old. They had been married 34 years.

Diana Southard filed suit against Whetstone Gardens & Care Center for Peter's wrongful death.
After a nine day trial in which doctors testified that the standard of care at the facility fell below the minimum standard of care and aides testified that they were never told of Peter's need for water, the jury awarded Peter Southard $500,000 for pain and suffering and $6 million to his wife, two daughters, and three grandchildren for compensatory damages and mental anguish.

Attorneys for the facility countersued Peter Southard's physician claiming negligent care and instruction. They also argued that Peter's dehydration death was the result of diarrhea after he left the facility. They are appealing the verdict.

Former Republican Missouri Governor Matt Blunt, who made denying elderly citizens their right to obtain justice when they are abused or neglected by the nursing home industry a focal point of his 2004 campaign, collided with a scooter driver while driving his SUV on Monday, June 8, 2009. Blunt's Ford Explorer hit a 21 year old man driving a scooter at the intersection of Kickapoo Avenue and Cherry Street in Springfield, Missouri. David Catanese, the scooter operator, is the son of Kellie Rohrbaugh, who works for the Missouri Democrats. Catanese was taken to a local hospital with scrapes on his forearm and a bruise on his head.

Blunt was issued a summons for failing to yield the right of way.

We discussed unauthorized cell phone use at Pigeon Forge Care and Rehabilitation Center in previous blogs.

According to a report from the Tennessee Department of Health, the photographs and videos were discovered on April 2, 2009, after a cell phone was left at a Tennessee restaurant. A restaurant worker turned on the phone while attempting to determine its owner and recognized one of the photographs as being a resident at Pigeon Forge Care and Rehabilitation Center. The phone was then given to a family member employed at the facility. The family member turned the phone in to the facility's Director of Nursing, who, after seeing the photos and videos, gave it to the facility Administrator. Administrator Jon Bowers immediately fired the CNA to whom the phone belonged and gave the phone to the Tennessee Bureau of Investigation. A second CNA was later fired and two other who were believed to have been involved had already left the facility's employ.

The Tennessee Department of Health (TDH) investigated the facility between April 2 and May 11, 2009. TDH determined that the facility failed to protect its residents from unauthorized photographs and videos and compromised their dignity, privacy, and safety from abuse and suspended new admissions to the facility effective May 26, 2009. That suspension was lifted on June 3, 2009 after the facility proved it had corrected the deficiencies.

In all, twelve residents appeared in 47 photographs and 27 videos. The residents involved were moderately to severely impaired cognitively. Two of the residents have died and one was discharged. The remaining residents were interviewed multiple times and "could not recall pictures or video/audio clips being made of them". The videos and photographs were taken between July 2007 and March 2009 and depicted:

- Photo of a male resident sitting nude in a shower chair with a string of beads around his neck;
- Photo of a female resident sitting on a bed wearing only a brief and a hat;
- Photo of a female resident wearing a bib. This resident was also viewed in additional
photographs wearing a feathered mask, strawberry-shaped sunglasses, and a wicker basket
on her head;
- Photo of a male resident lying nude on the floor;
- Photos of a resident being fed "wearing a bib and food running down (his) chin and neck";
- Video of a dentureless resident eating a cookie;
- Video of a resident lying in bed with one hand down his pants;
- Video of a resident in a wheelchair using a broom in a rowing motion;
- Video of a resident moaning in bed while being shaken by two CNAs, attempting to get him to make a certain noise;
- Video of a CNA repeatedly telling a resident "I love you" and trying to get the resident to say
it back; and
- Videos of residents being fed or attempting to feed themselves.

The CNA owning the phone admitted to taking the photographs and videos of the residents and told investigators, "I just think of them as my babies and the pictures were for my memories...I didn't intend to hurt anyone...I guess in hindsight, I probably should not have taken them, and I meant to delete the ones that are nude." The CNA denied ever sending the photos and videos out over the internet, but did show the photos to fellow employees and a family member. The CNA "never dreamed the phone would be lost and someone would find it and see those pictures. I see how it could really hurt the family members."

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Regal Health and Rehab Center is under the watchful eye of Oak Lawn inspectors. Last week, inspectors discovered dirty water fountains and appliances, water-damaged ceilings, and rodent droppings on the floors during an inspection. The inspection report also reveals that employees were smoking inside the facility and were washing their hands in sinks that contained food.

Oak Lawn Village Manager Larry Deetjen has tried contacting Michael Lerner, the facility's owner, but his calls have not been returned.

Regal Health and Rehab Center is a one-star facility, according to the new ratings system instituted by The Centers for Medicare and Medicaid, which is a below average facility. In fact, the facility was cited for 25 violations in 2008, 21 violations in 2007, and 27 violations in 2006, which is well above the State of Illinois average number of 8.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

On October 8, 2008, a 79 year old resident of Cambridge Brightfield Personal Care and Hospice in Lansdale, Pennsylvania was fed hot cereal for breakfast by nurse aide, Alvador Thompson. The man was non-communicative, bedridden, and suffering from end-stage Alzheimer's dementia and required assistance with activities of daily living.

Later that morning, a facility supervisor noticed that the resident appeared to have a torn and infected upper lip and questioned Thompson as to whether or not she knew how the resident had gotten the injury. Thompson replied that she did not know. By Noon that day, the man's lip was blistered and swollen and he was transported to Central Montgomery Medical Center and admitted for treatment. The resident's injuries were reported to police on October 9, 2008, one day after the injury. Detective John Ciarello visited the resident in the hospital on October 10 and observed severe burns and blistering on the man's upper and lower lips and tongue.

A witness told authorities that she saw the man trying to push away the cup of hot cereal. Thompson, who had on-job training regarding proper feeding of residents, did not report the incident or seek any medical treatment for the man after the incident.

The resident was later released from the hospital and went home to continue with hospice care. He died on October 23, 2008.

Because the man's private physician certified that the man's death resulted from malnutrition due to natural causes, the death was not reported to the coroner's office nor was an autopsy performed prior to burial. The county coroner's office is now set to exhume the man's body with the blessing of his family to examine the nature and extent of the burns. County Coroner Walter Hofman was notified of the pending criminal investigation and reviewed the man's medical records. He issued a coroner's death certificate listing a dual cause of death - complications of burns of oral mucosa, tongue and throat and Alzheimer's dementia.

Once the body is exhumed and an autopsy performed, if the coroner determines that the man died from the burns experienced on October 8, 2008, then the incident will be classified as a homicide and Thompson will face charges for homicide. Thompson, who was arrested in December 2008, is currently charged with aggravated assault, neglect of care-dependent person, simple assault, and reckless endangerment. She remains free on bail awaiting a repeatedly postponed preliminary hearing.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Daniel Julian East

Daniel Julian East, 55, is being held on a $2 million bond and charged with second-degree murder in the May 25, 2009 death of a fellow resident at David's House, an assisted living facility located in Dobson, North Carolina. The charge may be upgraded to first degree murder.

On May 21, 2009, Jeremiah Daniel Love, 27, was involved in a confrontation with East. East said he went after Love because Love had cursed and kicked his dog. Angry, East hit Love several times in the head, shoulder, and arm with his cane.

After the alleged assault, an employee called Karen Huddleston, a co-owner of the facility and asked her to apply for commitment papers on Love. She found a knot of Love's head and applied ice. In the meantime, she called police to assist in moving Love to a hospital for treatment. Allegedly, Love had repeatedly left the facility that day and was also physically harming himself by hitting his head and knuckles on a block wall. Once at the hospital, Love complained of a headache, became sick, and began having seizures. He was airlifted to Wake Forest Hospital, where he underwent surgery for severe bleeding on the brain. He died on May 25, 2009, without ever regaining consciousness. An autopsy on May 26 ruled Love's death a homicide and East was charged with second degree murder on May 29, 2009.

Love's family contacted police on May 22, 2009, because they did not believe the story David's House staff were providing. According to Dobson Police Chief Shawn Myers, "The family had been told that Love was in a confrontation with another resident and that he fled, fell over some bicycles and struck an air conditioning unit before hitting the back of his head on a concrete porch." The injury was to the right side of Love's skull.

Surveillance footage from the facility shows East swinging at Love and missing. Then, East is seen hitting Love in the side of the head with his cane in a baseball-type swing. Love fell and was hit again before staff could pull them apart. The bicycles in the area were seen upright when Love fell. The story East told, however, collaborated with surveillance footage.

East was arrested on the day Love died on an unrelated charge after he allegedly threatened to beat a facility employee with his cane. He was charged with communicating threats. East has a prior criminal history and has served time for assault with a deadly weapon with intent to kill, assault on a female, and driving while impaired and intoxicated.

There is no word yet on whether David's House employees will be charged with trying to cover up the truth behind Love's death.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Diana Harris was a housekeeper at Cimarron Pointe Care Center in Mannford, Oklahoma. During her employ, she reportedly witnessed numerous instances of improper care at the facility.

After seeing a male resident sitting in his own waste for a long period of time, she reported the situation to her supervisor, the head nurse, and two nurse aides. The man had been sitting in waste so long that he had feces caked on his leg from hip to below his knee. The supervisor sprayed deodorant in the room to mask the smell and the aides decided to leave him for the next shift. Two and a half hours later, he was still sitting in his own waste.

A paralyzed elderly woman was left sitting in her own waste. Although paralyzed from the waist down, she managed to roll herself out of bed and into the hallway to get help. Allegedly, the nurses "just laughed" at her. In another instance, another female resident needed attention and, while her needs were brought to the attention of nursing staff, she was ignored. Sadly, she wrote a letter to her family saying goodbye, as she felt she would die from neglect. Another female resident, who was unable to sit up alone, was left on a shower bench and fell and hurt herself.

In her three months of employ at the facility, Ms. Harris reported all of these instances of neglect or abuse to facility staff, but allegedly was ignored. She decided to consult with her husband, Jerry, a retired private investigator known for exposing elder abuse. Once the facility staff learned of her plans, she was fired.

Ms. Harris filed suit against Cimarron Pointe Care Center and one of its contractors for wrongful termination. The petition alleges that "Ms. Harris was advised that the only basis for her termination was her reporting of the abuse. Ms. Harris had not done anything else to merit termination and no other basis for termination were discussed or even suggested." Ms. Harris is seeking compensation for lost wages, although punitive damages may be sought. According to her attorney, Derek Lawrence, "Her No. 1 concern is that the abuse and neglect needs to stop at the home. And to protect other employees, she wants to take a stand."

Cimarron Pointe Care Center is one of six nursing home facilities and one assisted living facility in which Eddie Martin has an ownership interest. Other facilities are Glenpool Health Care Center, Sequoyah Pointe LIving Center, Rolling Hills Care Center, Pleasant Springs Assisted Living Center, Shawn Manor, Silver Lake Care Center, and Coweta Manor Nursing Home. Several of the facilities in which he is involved have had severe problems. Cimarron Pointe is one of three of Martin's facilities that has lost federal money for new admissions in the past. An employee of Martin's Silver Lake Care Center in Bartlesville, Oklahoma, Jason Pearl, was arrested for felony abuse. Shawn Manor in Ponca City received an "F" rating from the state Health Department and will lose federal funding for new admissions on July 9 if the cited deficiencies are not corrected. If Shawn Manor fails to become compliant, federal funding will be completely terminated on October 9, 2009.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

The owner of a Newport News, Virginia assisted living facility was hit with $750,000 damage verdict after charges were brought against a former CNA who was accused of sexually assaulting a mentally disabled man. Cote De Neige Home for Adults and its owner, Rose Potter, faced a lawsuit brought by 55 year old man's sister. The man suffered permanent internal damage and will need additional medical care.

The lawsuit accused the facility and Potter of failing to exercise "reasonable care" when they hired the CNA, Junious Boyd Batten. Batten had been charged with thirteen criminal offenses before and during the time he worked at the facility. He was found guilty of four: public intoxication, contempt of court, and two assault and battery charges. The lawsuit alleged that the facility "knew or should have known that (Batten) was unfit, unsuitable, untrustworthy, and incompetent for the position...and was likely to cause injury and harm to residents".

On May 28, 2009, a jury awarded compensatory damages of $500,000 and punitive damages of $250,000. The facility has since been closed, but the punitive damages cannot be wiped out, even if the owner files for bankruptcy.

Batten has been charged with five forcible sodomy charges, three carnal knowledge counts, and one abuse and neglect count involving the victim between late 2006 and mid-2007.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Mark Parilla recently found an elderly gentleman staggering around on a Friday night near a busy street and assumed he was drunk. After questioning the man, Parilla discovered that he was a resident of the Terraces of Lake Worth Rehabilitation and Health Center, a nursing home facility located in Lake Worth, Florida and must have wandered away. Parilla guided the elderly man back to the facility safely.

There, Parilla alleges, an employee "got rough" with the man, physically grabbed him, and shook him like a little kid, saying, "What are you doing out here?" Parilla said the man was scared from the rough treatment.

CBS 12 went to the facility to discuss the situation. There, they were met by a man alleging to be the facility Administrator. John Bachman of CBS 12 asked the Administrator, "You're not concerned that some of your patients, some of the people that live here, the residents are able to just walk away?" The Administrator responded, "They don't, they don't walk away. If that would ever happen, we would have to report that." CBS 12 reviewed sheriff's records from the previous few months and discovered that at least three missing persons reports have been filed by the nursing home.

A facility inspection report compiled last year showed that the facility had been cited with more than 50 pages of deficiencies. Additionally, according to the new rating system by The Centers for Medicare and Medicaid, the facility received two stars, which indicates a below average care facility.

On a happier note, Parilla continues to visit with the elderly man he returned home, as the gentleman does not have any family to look after him.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

According to a report from the Department of Health and Human Services, Dawson Pointe Nursing Home was one of the two Kentucky nursing homes recently accused of allowing improper cell phone use. According to the report, an elderly resident of the facility was videoed twice on April 1, 2009 using a cell phone. The videos, taken by a nursing assistant, showed the resident, nude, in a shower chair.

The first video recording showed the elderly resident looking at the device and speaking in garbled speech. The second video revealed the resident's entirely nude body. In that video, the resident appeared to be reaching for the phone as if trying to grab it and was clearly heard saying, "turn it off". While this was occurring, a chuckle can be heard in the background.

Phyliss Johnson, 19, was arrested on April 19, 2009 for this incident and charged with video voyeurism and abuse and neglect of an adult. Her case has been referred to a grand jury.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit our website at www.nursinghomejustice.com.

Della Jarrett, 88, was a long-time resident of Sunnybrook Healthcare and Rehabilitation in Raleigh, North Carolina. On May 18, 2009, Ms. Jarrett was taken to the hospital for a gastric problem. Following protocol, facility staff called her daughter, Doris Weaver, to advise of the transfer. No one ever mentioned injuries.

When Doris Weaver walked into the Emergency Room at WakeMed, she saw dark bruises on her mother's face - from her temple down to her lower earlobe. Upset, Weaver demanded to know what happened. No one could tell her. Weaver had seen her mother last during the morning on May 16 and her face was fine. The injury occurred later that day and went unnoticed until 11:00 p.m. on May 16, when a nurse notated in the chart that Ms. Jarrett had facial bruising.

Suffering from dementia since her late 70s, Jarrett has been unable for years to roll over or walk. Weaver finds it unlikely that her mother injured herself in a fall. She thinks her mother was abused and reported it to the Raleigh Police Department. The incident continues to be investigated.

Sunnybrook officials have suspended an employee but deny any abuse occurred. The employee's suspension was information that had not been shared with Ms. Jarrett's family or the police. In fact, officials at the facility told state investigators that they could not determine the cause of the bruising.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Three Minnesota nursing home facilities and one assisted-living facility have been cited in the last seven months for inadequate supervision and medical care in four resident deaths, according to reports recently released by the Minnesota Department of Health.

Thorne Crest Retirement Center in Albert Lea, Minnesota, was cited for failing to monitor or reacting to the distress of a female resident who died in November 2008. The resident was in severe respiratory distress and anxiety for approximately twelve hours before she was taken to the hospital, where she died.

Martin Luther Nursing Home in Bloomington, Minnesota was cited for a January 2009 resident death. Investigation into the incident revealed that staff did not call police or paramedics for as long as 30 minutes while the resident was dying and did not perform CPR after she stopped breathing. The resident had been admitted for "a week or two" of rehab after an operation and had been expected to recover.

St. Mark's Lutheran Home in Austin, Minnesota was cited for a recordkeeping error that kept a resident from receiving prescribed medications. The resident was not given two medications prior to her death in February 2009. The facility also was cited for staffing shortage that prevented it from timely responding to resident calls.

An Oak Terrace resident was left unsupervised in January 2009 and was found dead in the snow outside the assisted-living facility, which is located in North Mankato, Minnesota. The coroner was unable to determine if the man died from exposure or from an injury.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

On May 27, 2009, police were called to Manassas Nursing Home and Rehab after a 72 year old resident reported a sexual assault. After an investigation, Homer C. Valdez, 35, was arrested and charged with object sexual penetration. No other details are available at this time and he is being held without bond. Valdez is an employee of the facility and has been suspended from employ pending the outcome of the court case. Facility officials refuse to divulge in what capacity Valdez was employed.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. Please contact us at 1 (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

State regulators found an injured resident on the floor at Azalea Court nursing home, located in West Palm Beach, Florida. Worse yet, the resident had maggots crawling out of his leg cast.

An ensuing investigation determined that the facility did not have a comprehensive care plan for the resident, which would have included care for the broken leg. A state inspection report from August 2008 stated, "The 120-bed facility failed to provide the necessary care and service to a resident with the cast and wound of lower leg, resulting in an infestation of maggots." The report further stated that the wound and cast was to have care every three days, although the facility could only provide documentation that it cared for the wound approximately once a week.

The facility was fined $16,000 in March 2008, which is the largest fine against a health care provider or facility in Palm Beach County this year.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at our website at www.nursinghomejustice.com.

A home health care aide neglected to feed two severely disabled teens in her care. The boys suffer from myotubular myopathy, a condition that severely diminishes the boys' ability to move, eat, and breathe on their own and requires around-the-clock care. The boys began losing a tremendous amount of weight - 23 pounds in seven months for one boy. Concerned, the boys' parents took them to the emergency room, where a doctor suggested that the necessary tube feedings may not have been conducted.

Suspicious, the family installed a video camera in the boys' room. From October 18 to October 24, 2008, camera footage revealed that the aide turned off the boys' feeding pumps for "extended periods", she left them unattended during prolonged smoking breaks and was seen sleeping while on duty. The camera also caught her having had sexual intercourse with a male friend in the boys' "living quarters".

The worker, who was employed by Divine HealthCare Network, was fired and the neglect is being added to the state abuse registry, which will prevent her from being employed in that capacity again. The worker alleged she began having personal problems in June 2008 and began neglecting her duties. She stated "she understands why she was fired". Divine HealthCare Network was not cited.

Teresa Lynn Boughey, a former nursing assistant at Parker Oaks Communities, Inc. in Winnebago, Wisconsin, admitted to taking money from several nursing home residents and a fellow employee while employed there. She pled guilty on May 26, 2009 to misdemeanor theft and faces a maximum of 90 days in jail and a $1,000 fine. There is no information on a sentencing date, but the pre-sentence investigation must be completed within thirty days.

The Pennsylvania Department of Welfare is trying to shut down Bon Venue personal care home located in Hampton, Pennsylvania. The owner of the facility, Scott Gordon, has been cited with numerous problems, which include insufficient food and financial issues. Gordon was physically barred from the facility in May 2009 and has been denied access to its financial records. Gordon faces criminal charges for forgery. In March 2009, Gordon presented a $22,102.53 check from the account of Joseph Summa, a resident at the facility, at PNC bank. Mr. Summa, who is unable to care for himself, maintains a checking account with his sister, Kathy Summa. A PNC employee contacted Mr. Summa's sister and advised her that the bank suspected fraudulent activity on the account. Gordon had signed Mr. Summa's name to the back of the check; bank officials discovered the forgery when attempting to verify signatures. Ms. Summa contacted police. First, Gordon told investigators that it was a mistake and that he believed Mr. Summa's account held VA money owed to the facility. Mr. Summa is not a military veteran and eventually Gordon admitted to the forgery to cover payroll and facility expenses. The Summa's account had a balance of $42.81 when Gordon presented the check to the bank. The Pennsylvania Department of Welfare banned Gordon from the facility and is currently running the facility. Since May 17, 2009, 53 residents have left Bon Venue. According to Debbie Luft, the overnight supervisor at the facility, there is little food and no money to buy more. Some employees have not been paid since early May. Several violations cited by the Welfare Department have gone unrepaired, including having locks on the doors to keep residents from leaving. The locks, which were supposed to be fixed, remain in place and the facility has begun to accrue a daily fine of $405. Luft says a roof leak flooded the third floor dining room and she has see mice in the kitchen on the second floor. The facility has almost run out of milk, has no bread, and very little laundry detergent. Luft and six other employees have vowed to stay at the facility to help ensure the safety and care of the remaining residents. Gordon, who purchased the facility in July 2008, runs the facility as a for-profit company. He is a former licensed nursing home administrator who has owned at least three other personal care homes in Pennsylvania. Allegedly, he has owed the IRS over $1 million in tax liens since 2001.

We discussed Pigeon Forge Care & Rehabilitation and the state's refusal to allow new admissions to the facility in our previous blog.

Details have begun to emerge concerning the admissions denial at the facility. During an inspection from mid-April 2009 to mid-May 2009, state officials determined there were seven areas in which the facility failed to meet mandatory standards. All failures are related to incidents in 2007 in which employees used cell phones to take photographs of residents. According to the spokeswoman for the Tennessee Department of Health, "There were some inappropriate pictures and videos taken of the residents without their consent. Apparently the residents were in various stages of undress." Because employees shared the photographs with people outside the facility, the incident created "actual harm or a real risk of harm" for the residents. The incident involved between four and twelve facility residents.

The facility was cited over concerns in administration and quality review. Allegedly, facility administration failed to follow upon grievances from the residents' counsel in October 2007. Additionally, the facility allegedly did not have a policy concerning cell phone use in patient areas or a quality assessment committee, which is required by law.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 with any questions or concerns or visit us at www.nursinghomejustice.com.