Nursing Home Abuse Lawyer Blog

WSLS-10 reports that the Galax Police Department and Department of Social Services are currently investigating multiple allegations of abuse at a local nursing home.

The Waddell Nursing & Rehab Center in Galax, Virginia is under investigation for abuse allegations and, according to Jim Wooddell, the facility Administrator, two employees have been terminated. He further stated that while there was no evidence of physical abuse, he did find evidence of resident rights violations.

Galax Police Chief Rick Clark says arrests will be made soon. We will keep you informed on this developing story.

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 previously discussed Della Jarrett and Sunnybrook Healthcare and Rehabilitation in our blog.

Eighty-eight year old Della Jarrett was a long-time resident of Sunnybrook Healthcare and Rehabilitation in Raleigh, North Carolina. In May 2009, Ms. Jarrett was transported to the hospital for treatment of a gastric problem. When Ms. Jarrett's daughter, Doris Weaver, walked into the Emergency Room, she found dark bruises on her mother's face from her temple down to her lower earlobe. No one seemed to know what happened. Because Ms. Jarrett has suffered from dementia since her late 70s and 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 local police.

Federal regulators inspected the facility and found that residents were at risk for immediate harm for more than eight weeks this past spring. Immediate jeopardy is a situation in which the caregiver's actions, or lack thereof, are likely to cause serious harm, injury, impairment, or death to a resident. Violations were found in six other resident care areas, including the facility's failure to identify and report the source of Ms. Jarrett's bruising and to properly supervise residents to prevent injury. Other violations uncovered included:

- Failure to timely notify Ms. Jarrett's physician and family when unexplained bruises were discovered;
- Failure to properly supervise residents to prevent accidents (an unidentified female resident at the facility to learn to use a walker fell twice, once in her own urine);
- Violation of facility policy when the facility failed to identify and report injuries of unknown origin (Jarrett case);
- Failure to allow residents to make choices. Ms. Jarrett was transferred to a hospital when her records clearly stated that she wanted no unnecessary hospitalizations while under hospice care;
- Failure to document and assess Ms. Jarrett's bruising.

While inspectors were unable to substantiate Ms. Jarrett's abuse, they did not rule it out. Nevertheless, Doris Weaver is glad she called the state, saying, "It was good that I notified the state. Hopefully, it will help some other person from ending up like my mother." In the case of Della Jarrett, one nursing assistant was suspended and a nurse was disciplined. Della Jarrett has since been moved to another long-term care facility.

Sunnybrook Healthcare and Rehabilitation faces in excess of $210,000 in federal fines, as well as an additional $200 per day fine since June 9, 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.

Fifty year old Eronie Deverlus was arrested on Thursday, July 30, 2009, after allegedly attacking a nursing home resident. Deverlus was working as a nursing assistant at Manor Pines Nursing & Rehabilitation Center in Florida when she allegedly struck a 65 year old resident suffering from Parkinson's disease after becoming angry with her. Deverlus was fired after the incident and has been charged with a third-degree felony for abusing the resident. If convicted, she faces 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 if you have any questions or concerns.

We discussed two Iowa care facilities that were opting to relinquish their licenses and avoid state regulation in our previous blog.

Now, the Dubuque Retirement Community is defending its decision to give up its license. The facility will relinquish its license on September 14, 2009 and will become an unregulated facility not subject to annual inspections, state oversight, or sanctions for inadequate care. The facility is owned by Assisted Living Concepts, which operates six other assisted living centers in Iowa: Amelia House, Eiler House, Reed House, Swan House, Floyd House, and Allen House. According to Laurie Bebo, Assisted Living Concepts' CEO, the company considers its decision to give up its license to be a pilot program that will be evaluated over the next several months and "we need to see what the repercussions are".
Further, Bebo says the license forfeiture "doesn't have anything to do with the fines", which was met with laughter and groans from its residents during a recent meeting.

According to David Werning, the spokesperson for the Iowa Department of Inspections and Appeals, the agency is concerned about the facility's recent move and the repercussions it may have on its residents. Currently, the law prevents assisted living facilities from caring for people from caring for individuals needing multiple workers to assist with transfers. Once the facility gives up its license, the agency is worried that "we'll get a complaint that what they're actually running is an unlicensed nursing home. That's a real serious issue that we're trying to address with them now." Additionally, the agency is also concerned that Swan Home Health, which is a care provider owned and operated by Assisted Living Concepts, is nothing more than a dummy corporation. According to Werning, "It's a legal question as to whethere they've set up a fictitious corporation, Swan Home Health, to provide assisted living services just so they don't have to maintain an assisted living license."

The Dubuque Retirement Community is also in the eye of the Iowa Department of Inspections and Appeals for failure to comply with a March 12, 2009 order banning the admission of new residents while the facility's license is on conditional status due to past care problems. Despite the order, the facility has continued to admit new residents and according to CEO Bebo, she was unaware that the state would have a problem with that.

Trinidad State Nursing Home, located in Trinidad, Colorado, faces a wrongful death lawsuit arising out of the death of Josephine Sicacca.

Mrs. Sicacca's husband, Frank, and her sons, Jerry and Michael, allege that mistreatment by Trinidad led to her October 24, 2007 death. The lawsuit alleges that as a result of the facility's "knowing and/or intentional actions", Ms. Sciacca suffered and died. More specifically, the lawsuit alleges the following:

- Failure to heal and prevent reopening of a pressure sore;
- Failure to encourage feeding and hydration;
- Failure to treat and prevent stomach pain;
- Failure to maintain and accurately document medical records that were free of tampering and fraudulent documentation.

The Sicacca's attorney, Chip Portales, alleges that the nursing home facility is only interested in receiving their monthly Medicaid reimbursement and has a "you can't touch us attitude". He estimates tha the facility receives approximately $5500 per month per resident.

Wrongful death lawsuits against the State of Colorado are fairly uncommon due to the low cap on potential damages, which is $150,000. The Sicacca's attorney says, "This lawsuit is about accountability and exposing the Trinidad nursing home. Colorado doesn't have a statute that protects the elderly - we should have something. If this occurred in a day care, they'd be locked up."

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 our website at www.nursinghomejustice.com.

New Hampshire police are investigating a case of possible elder abuse at The Elms in Milford. The resident, an 87 year old man suffering from dementia and diabetes, died on July 10, 2009 at the facility.

The police were summoned to the Southern New Hampshire Medical Center on June 28, 2009 by hospital personnel concerning the condition of the man's wounds. The man had serious sores on his legs that had been wrapped in Ace bandages. Apparently, the bandages had not been changed in so long that skin had grown over the bandages. Additionally, the man's catheter was blocked with blood, his genitals were extremely swollen, and he had cuts and abrasions on his body.

Hospital personnel told police that during a previous admission, the man's catheter tube had been wrapped so tightly around his leg that swelling occurred.

The resident's children have agreed to allow police access to his medical records. Police contacted the Medical Examiner's Office and stopped the man's scheduled cremation. An autopsy was expected to be performed shortly.

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 our website at www.nursinghomejustice.com.

Tustin Care Center, a nursing home located in Tustin, California, was fined $50,000 for the March 2009 choking death of one of its residents.

The male resident was eating soup with rice when he called for his wife, also a facility resident. The man, struggling to breathe, was given the Heimlich maneuver by a nurse, but the food could not be dislodged. The man died later that day at the hospital. An autopsy revealed that food completed blocked the man's trachea.

A state investigative report found that the nursing home failed to assess the man's ability to eat, which was the direct cause of his death. Additionally, the report noted that facility staff noticed the man growing weaker but did not intervene and assist him with his meals.

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

Jefferson Point Assisted Living Center in North Liberty, Iowa and Dubuque Retirement Community in Dubuque, Iowa are assisted living centers in Iowa that may soon be skirting the law and operating without any oversight. Both facilities plan to give up their licenses and separate health services from the housing, which will enable them to bypass state regulations that were designed to protect vulnerable, elderly residents. Both facilities plan to become only "landlords" and provide only housing to its residents. Health care services will be offered through a separate home health company.

One concerned nursing home and assisted living owner, Ed Osby, stated, "So there won't be any oversight there at all. You've got a renegade facility there that's doing an endrun around the regulations." According to an Assisted Living Concepts executive, the lack of oversight will not have any negative effect on care and will allow some residents to remain in their apartments without being sent to a nursing home when their health deteriorates.

Unfortunately, both facilities have had problems meeting minimum care standards in the past. The Dubuque Retirement Community was fined $16,500 in the past 18 months and Jefferson Pointe has been fined $10,000.

Interestingly, Jefferson Point was constructed with $7.2 million in federal assistance in the form of state approved loans and tax credits through the Iowa Finance Authority and Iowa Department of Economic Development. Jefferson Pointe intends to forfeit its assisted living license to attract more residents and both governmental agencies have granted approval.

The Center for Medicare Advocacy had contacted government officials concerning the imminent switchover. The Center for Medicare Advocacy is also objecting to Assisted Living Concepts' practice of evicting residents once their savings are depleted and they are dependent on Medicaid. Federal law prevents this practice in nursing home facilities but does not prevent it in assisted living facilities.

Bureau Chief for the Iowa Department of Inspections and Appeals Ann Martin has stated that while the actions to appear to be legal, they are unprecedented. "There will be no oversight at all. It's unheard of," she said.

Older adults sometimes are considered "frail" and unable to defend themselves. Sometimes, due to illness or medication issues, older adults are dependent upon others for bill paying or chores. These type situations can lead to abuse of older adults. While abuse is oftentimes physical or mental, it can also be emotional or financial.

If you are an older adult, you can help protect yourself from abuse by following these simple steps:

Know Abuse Warning Signs - Are you being fed properly and regularly? Are you being restrained? Does someone caring for you yell or hit you? Have you noticed strange charges on your credit card or large withdrawals from your bank account? If so, you could be in an abusive situation. Try to talk to someone you trust, such as a doctor, nurse, or relative. If you can't reach anyone, call your state's elder abuse hot line.

See Your Physician Regularly - Regular physician visits can spot abuse. Frequently, health care providers will notice signs of abuse, such as bruising, cuts, or broken bones, and will work with you to get help. Remember - answer your doctor's questions honestly.

Avoid Isolation - Stay connected and involved with life. Join a senior organization or join a group at your church. Ask people over to watch a television show, play cards, or just visit. Abusers can't target you if you are out and about.

Arrange Your Finances - Put your financial affairs in order. Make sure that you have someone that you completely trust lined up to make decisions for you - both medical and financial - if you are ever in a position that you can't do so. Prepare a Power of Attorney or appoint a guardian. Don't ever sign legal documents before allowing someone you trust to review them.

Watch Your Money - Watch your bank statements and credit cards for any strange withdrawals or charges. If you need help paying bills, you can arrange with the bank for direct deposits and automatic bill payments. Don't give out your credit card, social security or bank account numbers to anyone you don't know or by telephone. Remember to keep your valuables and banking information in a safe place. Try to stay involved with your financial affairs, even if it's only opening your own mail.

Caregivers - If you have to rely on a caregiver, try to research the agency you are going to rely upon. Call your local Better Business Bureau and ask your doctor or someone else you trust for their opinion on the business.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. If you or a loved one has any questions or concerns, please do not hesitate to contact us at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Edna May Sides, an 85 year-old Alzheimer's patient, lived at Hillside Plaza Nursing Home in Wells, Texas. Staff members found Ms. Sides dead outside the nursing home facility around 6:00 a.m. on Wednesday, July 15, 2009.

By the time her family was notified, Ms. Sides' body had been moved and a post-mortem clean up had been performed. While the nursing home treated Ms. Sides' death like a normal passing away, her family was suspicious and contacted the Wells Police Department, the Cherokee County Sheriff's Department, and the state Attorney General's Office with concerns. While officials do not think Ms. Sides suffered foul play, they do believe there was possible negligence and are trying to determine who was responsible for ensuring Ms. Sides' safety.

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.

Officials in the State of Illinois recently appealed a February 13, 2009 decision by Sangamon County Circuit Judge Leo Zappa that capped nursing home fines at $10,000. The decision was handed down in a case involving Rosewood Care Center in Peoria, Illinois. Rosewood appealed a $25,000 fine that was assessed in the death of a 95 year old resident in 2006. Judge Zappa found that the Illinois Department of Public Health (IDPH) violated state law and bypassed administrative rules when it imposed fines of more than $10,000. He then barred the IDPH from enforcing fines of more than $10,000 in any pending past cases and any future cases.

The judge's decision has allowed fines for forty Illinois nursing home to be reduced, which means the facilities will pay $10,000 or less for violating federal and state laws governing nursing homes. State officials are also considering reduction of fines in more than eighty cases dating back to 2006.

The IDPH believed state law supported increased fines to $50,000 when a determination was made that poor or negligent care directly caused a resident death. The IDPH also began assessing fines of at least $20,000 in cases where nursing home residents sustained serious injuries related to poor or negligent care.

While the IDPH is appealing the decision, they also intend to ask the Illinois General Assembly to give the department more latitude in fine assessment. The IDPH is also looking at changing the ways it issues fines so nursing home facilities could still be assessed penalities in exess of $10,000. In fact, multiple fines based on a single set of facts could be assessed after an inspection instead of one fine covering a range of violations, as the current procedure.

Facilities That Have Benefited From Judge Zapa's Ruling

While these cases are still pending and no final amount has been paid, the following are examples of the type of situations that will benefit from fine reduction:

Maryville Manor, Maryville, Illinois - In August 2007, the facility was fined $40,000 after an inspection found multiple bedsores on residents, lack of recreational activities for residents, and a nurse's aide was found to have medication that was prescribed for a resident in her possession.

Evergreen Nursing and Rehab Center, Effingham, Illinois - In March 2006, a $25,000 fine was assessed for the June 2005 death of an 84 year old resident, who suffocated after becoming entangled in an incomplete bedrail system.

Dearborn Court, Kankakee, Illinois - The facility was assessed a $30,000 fine after a September 2007 investigation revelaed an assult of a 64 year old female resident by two employees of the facility on August 15, 2007. The employees allegedly hit the resident with plastic hangers, tied her up with a belt, and punched her in the stomach and head and tried to choke her.

Peachtree Estates, Jonesboro, Illinois - A $20,000 fine was assessed after a July 2008 inspection revealed that the facility did not obtain prompt medical attention for a 79 year old female resident who fell and suffered a head injury on June 19, 2008. Prior to that injury, the resident had also fallen and broken her left arm. She also fell again on June 20, 2008.

Recently, there was an interesting idea posed by a concerned citizen in Des Moines, Iowa: expose the names of nursing home owners to elicit improved standards of care at the facilities. This citizen is correct that we might be surprised to learn that the owners of some nursing homes are considered who "outstanding citizens" actually operate below average facilities, making substantial money at the expense of the elderly. The names of these individuals in our community should be known.

Nursing home owners often hide under the cloak of an elaborate corporate scheme designed to siphon money from the nursing home facility into the owners' pockets. This is done by creating a myriad of corporations all owned by the same people that do business with each other. All the while their residents suffer in facilities underfunded. State fines are obviously not working as abuse and neglect continue. Let's expose owners' names in newspapers every time their business is cited by the state. Possibly then they will take an active interest in their business and quit ignoring and excusing poor care.

A laundry room worker at Park Place Health Care Center, a nursing home facility located in Great Falls, Montana, was arrested on July 21, 2009, for elder abuse, six counts of misdemeanor theft, and six felony counts of possession of dangerous drugs for allegedly stealing prescription drugs from a helpless nursing home resident.

Keiko Douglas, 33, admitted to police that she removed a prescription medication patch from a resident's arm six times since June 27, 2009. The patch delivered Fentanyl, a pain-killer, to the resident. Nurses at the facility noticed that the patch kept disappearing and continuously checked on the resident. Douglas was seen leaving the resident's room on July 21, even though she did not have a reason to be in the room, and the patch was missing again.

Douglas' bond is set at $5,000.

Escondido Care Center, a nursing home facility located in Escondido, California, was hit with a "AA" citation, the state's most severe citation, and a $90,000 fine in a resident death in November 2008. The facility was fined after an investigation revealed that poor treatment and supervision contributed to the man's death.

The resident choked to death on November 30, 2008, after food became stuck in his windpipe and right main bronchial stem. Although a physician had ordered a strict diet to avoid problems with chewing and swallowing, the man was eating a lunch of barbequed beef, mashed potatoes, and steamed cabbage and carrots. The man slumped over in his wheelchair after coughing. Staff performed CPR and the Heimlich maneuver, but the resident died. It appeared that the facility failed to change the man's Care Plan to meet his needs.

Sadly, on two occasions in November 2008, a facility supervisor, a registered dietitian, and a nurse all notated that the resident was experiencing difficulty chewing and was coughing while drinking "thin liquids". Surveyors did not find any records showing that the man's physician was notified or that staff tried to alter the resident's diet.

The facility has appealed the citation.

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

Thirty-two year old Keri Daugherty suffered from Spina Bifida and had been living at Maple Ridge Care Center in Lincoln, Illinois since September 24, 2008. She was transferred to OSF St. Francis Medical Center in Peoria, Illinois in March 2009 for treatment of an infection. There, she told hospital staff that she did not want to return to Maple Ridge because she was unhappy with the care there. But, when she left OSF St. Francis on March 19, 2009, she returned to Maple Ridge. Three days later, she was dead.

Keri Daugherty's situation has not been forgotten. On July 9, 2009, Brigit Dyer-Reynolds, a regional long-term care ombudsman with Illinois' ICARE agency, filed a written request with the Logan County Coroner that an investigation be performed into Daugherty's death and that her body be exhumed for autopsy. According to a deputy coroner who handled the case, an autopsy was not performed at the time of Daugherty's death because "from the information he was given by the nursing home, he didn't believe there was any foul play or any suspicious acts".

On March 22, 2009 Daugherty was found without a pulse and unresponsive, but warm to the touch. Despite her wishes to be resuscitated, staff members at Maple Ridge decided not to perform CPR. The nursing director "said she couldn't bear to 'break up' (Daugherty's) little body by performing CPR". According to state investigators, the nursing director said she couldn't see the point of attempting to resuscitate someone who was already dead.

According to a OSF St. Francis nursing supervisor, a Maple Ridge staff member called St. Francis while Daughterty was a patient and asked a nurse if Daugherty was being "a real pain...because that is what she is here".

According to Public Health documents, after her return to Maple Ridge, Daugherty was refusing to eat meals at Maple Ridge and refusing to be repositioned the day before her death. Staff said that she may also have suffered a seizure two days prior to her death.

In her complaint to the coroner, Dyer-Reynolds wrote, "Our concern is whether or not Ms. Daugherty was experiencing distress and her death could have been avoided had she been given timely medical attention. We are concerned that she may have experienced further neglect upon her return to Maple Ridge which may have contributed to her death."

The facility has been assessed a $10,000 fine for refusing to initiate CPR and plans to fight the 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 (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Ratoni Brown, 28, was an intern at Kaweah Manor Convalescent Hospital in Visalia, California. A student at Sacramento Junior College, Burger Rehabilitation Services placed her at the facility.

Brown and her boyfriend, Paul Lopez, were arrested recently on charges of possession of stolen property, financial elder abuse, identity theft, and burglary. While an intern at the facility, Brown allegedly stole the names, birth dates, and social security number of facility residents. Her boyfriend is accused of using the information to obtain credit cards and loans on the internet.

The scheme came to the attention of postal inspectors and police during the identity theft investigation as several of the victims were residents of Kaweah Manor Convalescent Hospital.

Police are investigating how Brown passed a background check, as she was out on bail for robbery in Sacramento.

We discussed the tragic situation of the alleged rape of a mentally disabled nursing home resident at Shore Winds nursing home in a previous blog.

Kipper Stevens, a former licensed practical nurse at the facility, was arrested and arraigned on July 15, 2009 on charges of rape and endangering the welfare of an incompetent or physically disabled person. He pleaded not guilty to all charges and his bail was set at $1,500.

Stevens alleges that he and the alleged victim, a mentally disabled woman in her 50s, were involved in a romantic relationship. "Our relationship started out as friends, but...I know that I should not have been involved romantically with a patient, but it just happened. We were two consenting adults having a relationship, and at no time was it forcible. I want people to know although this was improper, it was nothing malicious." According to authorities, the woman was incapable of making a decisions such as this. A co-worker of Stevens witnessed the alleged abuse and reported it to management.

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.

We discussed the possible sexual assault of a disabled nursing home resident by a facility employee at Shore Winds nursing home in Rochester, New York in a previous blog.

When Shore Winds was contacted in December 2008 by News 10NBC, a man answering the call told them "nothing happened". Despite the nursing home's initial denials of the rape allegation in December 2008, Kipper Stevens, a nurse at the facility, was charged with one count of second degree rape and one count of endangering the welfare of a disabled person. He has since been fired from the nursing home.

A complaint lodged with the New York State Department of Health around Christmas 2008 alleged that a nursing home employee had sexual contact with a resident. The Department of Health investigated the complaint and determined that the complaint was serious enough to warrant a full investigation. According to Assistant District Attorney Matthew Schwartz, "He's accused of having sexual intercourse with the victim while in his position as a licensed nurse. The victim is one of the patients at the facility he was working at."

He plead not guilty to the charges in Court on July 15, 2009. He is scheduled to reappear in Court on July 21, 2009.

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

Charlotte Harbor Healthcare installed four cameras in the facility nearly a year ago to help prevent theft. What they didn't tell their residents was that the cameras filmed 24 hours a day to a closed circuit television located in Administrator Thomas Bell's office. The facility also failed to obtain permission to film the residents, in violation of resident rights. The facility was caught red-handed during a recent inspection by the Florida Agency for Health Care Administration during a routine inspection for mold in May 2009. A surveyor removed a ceiling panel in a resident room while searching for mold and discovered a camera. When questioned, Bell admitted that the cameras had been installed "about a year ago" to prevent or prove theft, although no problems had been reported in the rooms in which the cameras were discovered. According to Bell, the goal was to put more cameras throughout the facility. The facility faces fines up to $15,000 for the camera violations alone. During the investigation, surveyors found that recurring mold was causing problems with heating, ventilation, and air-conditioning systems. The maintenance director advised surveyors that the facility had received four proposals since 2007 for repairs. The Terry Law Firm is experienced in handling cases of nursing home abuse. Please contact us at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Life Care Center of Bothell, located in Bothell, Washington, faces an investigation by the Department of Social and Health Services (DSHS) following a recent resident death.

A ninety-three year old facility resident slipped and fell in late June 2009 while getting out of bed. She was taken to Evergreen Hospital and Medical Center and treated for a cut on her head and a skin tear on her arm. She then was sent to hospice care, where she died.

After four reports to the DSHS hot line concerning the resident's care, DSHS launched an investigation into whether the facility provided adequate supervision and if the resident was neglected. The reports were allegedly filed by the hospital, the state department of Adult Protective Services, the nursing home's Director of Nursing, and a relative of the resident. The DSHS investigation is ongoing.

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 our website at www.nursinghomejustice.com.

Amy Sevals, a former nursing home employee, faces narcotic possession and theft charges in connection with narcotic medication theft at two area nursing homes.

Prescription drug thefts were discovered at Knapp Haven and Heritage Manor nursing homes earlier this year and Administrators from both facilities contacted law enforcement. Knapp Haven reported that Sevals went into a medication cart and removed medications. A review of resident charts revealed that she had not administered any drugs at the time. Confronting her, Sevals admitted that she stole three Hydrocodone pills for personal use. She suffered back pain and allegedly had been prescribed Hydrocodone but abused it to the point of having to enter rehab for four days in October 2008. Knapp Haven also reported a large amount of missing Hydrocodone at the same time.

Heritage Manor reported an Oxycodone pill missing from drug supplies in May 2009. Sevals admitted to taking the pill for personal use. Allegedly, she had a tooth problem and had been prescribed narcotic pain medications and became addicted.

Sevals appears in court on July 29, 2009. If convicted, she faces a maximum penalty of eight years in prison and up to $30,000 in fines.

The Charlesgate Nursing Center, located in Providence, Rhode Island, allegedly failed to investigate a resident's rape allegation and allowed the alleged perpetrator to work another shift before reporting the suspected abuse.

Around midnight on June 16, 2009, a fifty-six year old female resident suffering from Huntington's disease and other ailments, reported that a nursing assistant had raped her during the 3 to 11 p.m. shift that day. The nursing assistant that the woman told advised a charge nurse, but the charge nurse did not believe the accusation.

The following day, the accused nursing assistant, forty-six year old Josiah Olowoporoku returned to work to work an 11 p.m. to 7 a.m. shift. The resident again reported the sexual assault to a nursing assistant and the nursing assistant reported it again, only this time to a different charge nurse. The charge nurse reported it to the Director of Nursing Services around 7 a.m. on June 18, 2009. The nursing home facility notified the police. The resident was transported to the emergency room and doctors determined that she had been sexually assaulted.

The resident reportedly identified Olowoporoku as the man who assaulted her and he was arrested at the nursing home on June 18, 2009. He was charged with two counts of first degree assault and is being held without bail. The facility has terminated his employment and the Health Department has suspended is license.

On June 26, 2009, the Health Department declared an "immediate jeopardy" situation at the nursing home. "Immediate jeopardy" is a situation or circumstance that places residents in danger. Once the facility put plans in place to protect its residents more effectively, the "immediate jeopardy" was removed.

The Terry Law Firm is experienced in handling cases of nursing home sexual abuse. 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 tragic situation in a previous blog.

Judge Steven Schwab in Freeborn County heard arguments on July 13, 2009 concerning restricting information in the case involving teenagers at a Minnesota nursing home abusing the residents. Allegedly, four teenagers harmed fifteen fragile residents of Good Samaritan Nursing Home in Albert Lea in 2008 by abusing them psychologically, physically, and sexually. Brianna Broitzman and Ashton Larson, two aides at the facility, are charged with felonies in the abuse cases.

Prosecutors want case information restricted. Specifically, they are asking that the media be forbidden from publishing or broadcasting videos, auto recordings, and court transcripts. The judge is also considering ordering the medical not to release victim names.

The judge is expected to rule by 4:30 p.m. on Tuesday, July 14, 2009.

Ohio legislation is moving towards better protection of long-term care facility residents from sex offenders. Under current law, only nearby property owners are notified when a sex offender moves into the area. Unfortunately, long-term care centers are classified as one resident and only a manager or an Administrator is required to be notified. It is rare that information about a local sex offender is passed on to facility residents and their families.

State Senator Capri Cafaro introduced House Bill 130 recently. Bill 130 would require nursing homes and other similar care facilities to inform residents when a sex offender or a person imprisoned due to a felony action in another state is admitted to the facility. Senator Cafaro said the provision for reporting out-of-state felons helps prevent "dumping". "Dumping" is when a care facility recruits residents from other areas to fill bed space and take advantage of Medicaid subsidies. The bill also provides immunity to whistle-blowers, or employees of the facility, who report the facility's refusal to comply with the law. The Bill also calls for a $100 per day fine for each day an offender is not reported.

By law, nursing homes cannot refuse a potential resident if they are in need of care and can provide payment. Bill 130 carries a requirement that care facilities keep a log identifying sex offenders and that log is to be available upon request.

Sixty-eight year old Francisca Arce and seventy-seven year old Arcadio Arce are disabled adults who have been residents of Central Baptist Village, Inc., a nursing home located in Norridge, Illinois, since June 2004. Their guardian filed a lawsuit against the facility on July 9, 2009, alleging that Francisca Arce was assaulted multiple times at the facility and Arcadio Arce suffered from neglect.

The lawsuit alleges that Francisca suffered physical abuse and assaults in her room, the shower, and the bathroom multiple times between December 2008 and February 2009. The perpetrators allegedly were employees of the facility.

In addition to Francisca being assaulted, Arcadio allegedly suffered neglect while a resident of the facility. Between October 2008 and February 2009, Arcadio allegedly was given medicine intended for Francisca multiple times, causing him "physical illness and harm".

The lawsuit is demanding damages in excess of $200,000.

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 our website at www.nursinghomejustice.com.

Gloria Baral and her family knew she was dying from cancer. Her family never expected to find her dead in her wheelchair.

On June 21, 2009, Gloria's daughter and her husband went to visit her mother at Orchard Ridge Care and Rehabilitation Center after Sunday Mass. They arrived at the nursing home facility around 9:30 a.m. Walking into her mother's room, her daughter knew something was very wrong.

Gloria's hand was on the ground and she was bent over in her wheelchair. Her daughter said it was evident that no one had checked on her for quite some time. Her daughter said, "I walked over and I pushed on her chest a couple of times and she was ice cold. I went for her pulse and her arm was ice cold."

According to funeral home records, Gloria was pronounced dead at 9:00 a.m. Her daughter disputes the time saying "if that were the case, her body should have felt more warm".

The family has filed a complaint against the facility with the Florida Agency for Health Care Administration. While Gloria's family is not currently pursuing legal action, they hope that the state will properly handle their complaint.

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 our website at www.nursinghomejustice.com.

We discussed this tragic situation in our previous blog. A resident of LaSalle County allegedly sexually molested ten female residents since December 24, 2009 without nursing home intervention.

Finally, LaSalle County will investigate the allegations of sexual abuse at its facility at the direction of the Illinois Department of Public Health (IDPH). According to LaSalle County Board Chairman, Jerry Hicks, "We can't sit back on our haunches on this and do nothing. We need to find where the breakdown occurred."

The situation will be discussed during a nursing home committee meeting on July 10, 2009, although facility administrator Adrienne Erickson is out on medical leave and that will hamper the facility's investigation.

According to the report issued by the IDPH, there is a listed sexual offender living at the nursing home facility. As of July 2, 2009, the sexual offender resident still resides at the facility. The accused abuser is currently residing in an in-patient psychiatric unit, although it is not known if that unit is at the nursing home facility.

Ninety-two year old Robert Ogbin, a World War II veteran, has lived at Shady Lane Nursing Home in New Jersey for nearly two years. Robert suffers from Parkinson's disease and dementia, so his family members assumed that he would get the care he needed at the facility. Tragically, Robert was abused in the early morning hours of June 17, 2009.

Robert alleges that he suffered an assault by a male nurse's aide, who grabbed Robert by his ears and "began slamming his head into the mattress". He suffered severe lacerations to his ears and did not receive any treatment for days, according to his attorney. Robert's wife was unaware of his injuries until the following day.

The Ogbins have retained an attorney, who intends upon filing a suit against Gloucester County and those who run the facility. A police report was filed on Wednesday, July 1, 2009 and the matter is being investigated by the East Greenwich Police Department. No charges have been filed.

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

A recent investigation at La Salle County Nursing Home reportedly found that a male facility resident was targeting female residents suffering from dementia, some of whom were non-verbal, and attempted to perform sexual acts on them. Tragically, reports are that the resident succeeded in sexually abusing approximately ten different residents since Christmas Eve 2008.

In a recently released 61 page survey, the Illinois Department of Public Health IDPH) stated "Due to administrative staff's failures to implement policies and procedures for abuse, failure to recognize abuse, and failure to effectively manage facility resources, sexual abuse occurred for 10 residents." The report also indicates that the facility was in violation of other laws as a result of the facility's inability to protect their female residents from the sexually abusive male resident.

The facility was assessed an "Immediate Jeopardy" citation on June 4, 2009. The IDPH backdated the citation to December 24, 2008, which is the date the facility failed to immediately commence an investigation into allegations of the male resident's sexually inappropriate behavior.

The Terry Law Firm has successfully prosecuted several cases involving nursing home sexual abuse. Please contact us with any questions or concerns at (888) 317-2525 or visit our website at www.nursinghomejustice.com.

The Third U.S. Circuit Court of Appeals handed down a landmark opinion that affects county-owned nursing home facilities in that Circuit.

The Third U.S. Circuit Court of Appeals ruled that the Federal Nursing Home Reform Amendments give residents of county-run nurisng home facilities the right to bring lawsuits under Section 1983 concerning the quality of their treatment. "The language used throughout the FNHRA is explicitly and unambiguously rights-creating," stated U.S. Circuit Judge Richard Nygaard in his 23 page opinion concerning Grammar v. John J. Kane Regional Centers. Judge Nygaard further stated, "These provisions make clear that nursing homes must provide a basic level of service and care for residents and Medicaid patients."

The ruling concerns a suit brought by the Administratrix of the Estate of Melvinteen Daniels, an 80 year old mother of eight who died in an Allegheny County, Pennsylvania operated nursing home facility after suffering neglect, malnourishment, and fatally severe bed sores, leading to Ms. Daniels death by sepsis.

Judge Nygaard found that nursing homes "are required to care for residents in a manner promoting quality of life, provide services and activities to maintain the highest practicable physical, mental, and psychosocial well-being of residents, and conduct comprehensive assessments of their functional abilities" and that the statute "specifically guarantees nursing home residents the right to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints imposed for the purposes of discipline or convenience and not required to treat their medical symptoms".

FNHRA are amendments to the Medicare Act that were passed in 1987 as part of the Omnibus Budget Reconciliation Act that were meant to address concerns of poor quality care in state and county run nursing home facilities. Prior to the passing of FNHRA, there were "only two sanctions available against nursing homes for noncompliance with federal participation requirements. First, the Secretary of Health and Human Service or the states themselves could decertify the facility and terminate the nursing home's eligibility to receive Medicaid reimbursement. Second, if noncompliance was not an immediate and serious threat to the residents' health and safety, the Secretary or the states could deny payment for new admissions for up to 11 months." These remedies were rarely used.

We discussed the tragic situation at Dawson Pointe in Dawson Springs, Kentucky in our previous blog. You will recall that an employee at Dawson Pointe took nude photographs of a female resident sitting nude in a shower chair. Phyllis R. Johnson, 19 and a former nursing assistant at the facility, was indicted by the Hopkins County Grand Jury on charges of video voyeurism and adult abuse. Johnson used her cell phone to record two videos on April 1, 2009. Johnson was fired from the facility on April 20, 2009, the day following her arrest. 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.