Posted On: August 30, 2009

New York Nursing Home Worker Charged With Sexual Abuse

Carolyn Wheeler, a recreational leader at Somers Manor Nursing Home in Somers, New York, has been charged with endangering the welfare of a vulnerable elderly person in the second degree, which is a felony, and sexual abuse in the second degree, a misdemeanor.

Wheeler allegedly returned to the facility on August 17, 2009, while off-duty and was found by nursing staff engaging in sexual contact with a 60 year-old male resident suffering from a severe mental defect.

Wheeler was arraigned and remanded to the Westchester County Jail in lieu of $3,000 bail.

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.

Posted On: August 29, 2009

Indiana Golden Living Employee Wanted By Police for Sexual Assault

Ismael Golden is wanted by the police on a misdemeanor warrant for sexual battery on a nursing home resident and by the Medicaid Fraud Unit.

Golden, 29, allegedly molested a 55 year-old male nursing home resident suffering from stroke, paralysis, depression, and heart failure on or about February 16, 2009 at the Golden Living Centers in Merrillville, Indiana. He was charged on March 16, 2009, but was never arrested.

In mid-August 2009, Indiana Attorney General Greg Zoeller issued subpoenas to local health providers to determine if any facility may have hired him. Allegedly, Golden was known to have used aliases in the past.

To date, Golden cannot be located and a warrant for his arrest has been issued.

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 on our website at www.nursinghomejustice.com.

Posted On: August 26, 2009

California Care Worker Charged with Rape

Humberto Rodriguez is currently being held in the Sonoma County Jail on $130,000 bail after being charged with the rape and elder abuse of an elderly group home resident.

The rape and elder abuse was discovered after the resident, who is in her 80s, sought medical treatment for her injuries. The name of the care home is being withheld by authorities because it would identify the resident.

Rodriguez has been employed by the Sonoma County Health Department for more than 10 years and was also employed part-time at the care facility as an independent licensed caregiver. He is due back in court on August 31, 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.

Posted On: August 25, 2009

New York Nurse's Aide Photographed Resident For Amusement

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Shane Spooner

Thirty-three year old Shane Spooner has been charged with felony offenses of second-degree unlawful surveillance and first-degree dissemination of an unlawful surveillance image after photographing the genitals of a helpless nursing home resident.

Spooner was taking care of a 49 year old man suffering from a traumatic brain injury when he photographed the man's genitals using his cell phone and emailed the photograph to a female employee of the nursing home facility, who reported it to nursing home supervisors. Spooner admitted to taking the photograph for his own amusement and has since been fired from the facility.

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.

Posted On: August 25, 2009

Iowa Assisted Living Centers Face Legal Showdown

We discussed Dubuque Retirement Community and Jefferson Point Assisted Living Center and their intent to forego government licensure and inspection in our previous blogs. Now, Iowa officials have warned the owners of these facilities that if they move forward with plans to forfeit their licenses, they will be violating Iowa law.

In the past, both facilities had problems meeting minimum standards of care and have a combined total of more than $40,000 in fines in the past 18 months. Essentially, facility owners believe that, by forfeiting their licenses, the facility will be acting as a landlord rather than a health care provider and the facilities can avoid all inspections and regulations that come with assisted living centers. Allegedly, a separate company will deliver health care services to the residents.

State officials will not comment on what action could be taken against the facilities, but owners could be charged with running illegal, unlicensed care facilities.

As of August 21, 2009, Assisted Living Concepts informed Department of Inspections and Appeals Director Dean Lerner that it disagreed with his assessment of the situation and that plans to forfeit the license remain unchanged.

Posted On: August 25, 2009

Colorado Nurse Aide Uses Pillow to Silence Resident

Erinn Hubbard, a nurse's aide at Larchwood Inns nursing home in Grand Junction, Colorado, was arrested on charges of third-degree assault of an at-risk victim and neglect of an at-risk victim. Hubbard allegedly put a pillow over the face of a woman with multiple sclerosis to silence her. Her actions were witnessed by another nurse's aide at the facility.

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.

Posted On: August 25, 2009

Dried Feces Throughout Building Leads To Oklahoma Nursing Home Citation

Cedar Crest Manor, a Lawton, Oklahoma nursing home facility, was recently cited for nearly thirty deficiencies by the Oklahoma State Department of Health. Four citations were assessed for substandard quality of care and one for placing a resident in immediate jeopardy. The immediate jeopardy citation involved a woman who fell continuously because the facility failed to take necessary precautions to protect her. Five facility workers agreed with the Department of Health alleging that the facility was as bad as the report, if not worse. The report listed brown and stained towels and linens, roaches, and rodents in some rooms. It also read, "Dried feces along the top of a shower hand rail, smeared on the shower chair, soap dispenser, and toilet paper holder." According to Sandra Brown, Cedar Crest Manor's Administrator, the facility was in compliance as of August 15, 2009 and was anticipating a resurvey. The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at www.nursinghomejustice.com.
Posted On: August 24, 2009

Illinois Nursing Home Faces $20,000 Fine

The Illinois Department of Public Health (IDPH) assessed a $20,000 fine to Golden Moments Senior Care Center in Jacksonville, Illinois after an investigation revealed that the facility failed to protect its residents from abuse at the hands of a nurse's aide and failed to take immediate action against the abuse.

Allegedly, residents had been complaining for weeks about the behavior of the nurse's aide and that several facility staff members knew or suspected that abuse was occurring but failed to report the behavior immediately. The nurse's aide allegedly threatened to cut the throat of a 68 year-old resident, slapped a female resident in the face, took food away from a hungry resident, and made fun of other disabled and sick residents.

The accused aide has been fired as was another aide who failed to report the abuse to facility management. The aide accused of abusing residents denies any abuse occurred, allegedly saying, "I would never hurt (the residents). I'm going to school to be a nurse."

Golden Moments is fighting the fines assessed by the IDPH saying the fines weren't deserved because of the facility's quick response.

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.


Posted On: August 23, 2009

Sunbridge Healthcare Facility Cited for Careless Treatment

Pawtuxet Village Nursing Home, located in Warwick, Rhode Island, was been cited by the Rhode Island Department of Health for failing to administer medication properly to resident suffering from hypertension, heart murmurs, and diabetes.

Additionally, according to the Rhode Island Department of Health, facility staff failed to perform diabetic testing and check resident pulses when scheduled. Nurses failed to alert physicians when blood sugar levels were too low or too high and failed to reduce medications following physician orders. The Health Department report also indicated that residents received improper bedsore treatment. In all, the facility was cited for 25 different violations, including an immediate compliance order because a resident was found to be in immediate harm.

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.

Posted On: August 22, 2009

California Nursing Home Faces Trial in Resident Wrongful Death

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Georgia Fitsos


Eighty-two year old Georgia Fitsos emigrated from Greece to Sacramento in 1952. After her husband's death in the early 1960's, she raised her sons alone. In 2006, she was diagnosed with Alzheimer's and dementia and her sons quickly realized that she could no longer live alone. In Fall 2006, they moved her into Broadstone Residential Facility, where, according to the facility brochure, she "can enjoy a lifestyle of Elegance!" Paying a sizable monthly fee, her sons thought she would be well cared for.

In July 2007, she had a black eye. Georgia told her son that someone hit her, but facility staff told him she fell asleep at the dining table and hit her face. In August 2007, Georgia's son, John, found his mother suffering shortness of breath and called 911 because her attendant, a Romanian native who has since returned to Romania, couldn't speak enough English to make the call. Rushed to the hospital, doctors found Georgia suffering from high blood sugar, extremely low blood pressure and, worst of all, "a bedsore the size of a turkey platter". Georgia died of acute sepsis and other complications from the Stage IV pressure sore in October 2007.

Georgia's family filed a wrongful death action against the facility and its owner and administrator, Adriana Catuna and her husband, Viorel. They also face a felony elder abuse trial and license revocation proceedings.

Georgia's son, John FItsos, said, "I'm not interested in blood money. I'm not interested in an adversarial situation. I'm interested in seeing legislation passed that really protects the public."

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.

Posted On: August 21, 2009

Illinois Nursing Home Worker Steals Drugs From Workplace, Negotiates Plea Deal

After stealing morphine from Mattoon Health Care Center in Mattoon, Illinois, Melissa Hale allegedly replaced the stolen morphine with another drug to try to hide her theft. After she was caught, she managed to negotiate a deal with prosecutors that may help her avoid a conviction record for her crime.

Hale pleaded guilty to a charge of possession of a controlled substance alleging she had morphine on February 2, 2009. She was sentenced to two year of "first offender" probation. In that program, if she completes it successfully, she will not have a conviction record. Her probation terms include substance abuse treatment and a fine of $1,100.

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

Posted On: August 20, 2009

Nursing Home Drugging Participant Cops Plea, Testifies Against Accomplices

We discussed the resident drugging deaths at Kern Valley Healthcare District's skilled nursing facility in previous blogs.

Allegedly, Debbi Hayes, a former pharmacist at the facility, Gwen D. Hughes, former Director of Nursing, and Dr. Hoshang M. Pormir, former facility physician, used mood-altering medications to drug at least 22 elderly residents in an effort to control them. The drugging resulted in three resident deaths.

Hayes pleaded no contest in mid-August 2009 to conspiracy to obstruct justice and was sentenced to three years' probation and one year jail time, but her jail sentence will not be imposed if she cooperates in the prosecution of the former Director of Nursing and facility physician.

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.

Posted On: August 19, 2009

Massachusetts CNA In Legal Hot Water After Abusing Nursing Home Resident

Marie Michel, a former CNA at EPOCH Senior Healthcare nursing home in Melrose, Massachusetts, was arraigned on Friday, August 14, 2009 on charges of assault and battery on an elderly person and threatening to commit a crime. She pleaded not guilty and is prohibited from working in patient care services.

On September 17, 2008, an 83 year-old Alzheimer's resident climbed out of bed and began wandering around her room. Allegedly, Michel entered the resident's room, punched her twice in the chest and stomach area, pushed her down on the bed, and threatened her not to get up again. The victim's 83 year-old roommate witnessed the attack and reported it.

Michel is due back in court on September 15, 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.

Posted On: August 19, 2009

Missouri Nursing Homes Giving Payday Loans to Employees With 912% Interest!

Some Missouri nursing homes are now in the business of providing payday loans to their employees. According to officials with the Better Business Bureau, more than ninety Missouri nursing homes make payday loans to their employees at exorbitant rates of interest. Repayment of the loan, interest, and applicable fees are deducted from the employee's next paycheck.

Reportedly, Missouri permits payday loan lenders to change an annual percentage (APR) of up to 1,950% on a two week loan and there is not a set interest percentage rate for the facilities to charge. The BBB determined one Missouri nursing home facility was charging employees an APR of 912.5%, another facility charged their employees 365%, and yet another charged their employees 304%.

Missouri state inspectors discovered the payday loan operation in 2006 and moved to ban payday loans from nursing home sites. Instead, nursing home operators made it possible for employees to take out payday loans online using computer terminals located at the facility.

Missouri nursing homes making payday loans are required to be licensed. The nursing home principals holding payday loan licenses for 62 Missouri nursing homes are: James and Judy Lincoln, Sikeston, Missouri; Mathias Dasal, Eldon, Missouri; Gary Crane of Rogers, Arkansas; and Timothy Drake of Pascagoula, Mississippi. Don Bedell of Sikeston, Missouri holds a payday loan license for 30 Missouri nursing homes.

While the arrangement is legal in Missouri, the Better Business Bureau has questioned the ethics of a nursing home employer, who is essentially making money off of the notoriously low wages of their employees, providing high interest rate loans to those very employees.

Posted On: August 19, 2009

Missouri Nursing Home Under Scrutiny

According to The Centers for Medicare and Medicaid Services, Shady Lawn Nursing Home, a nursing home facility located in Savannah, Missouri, failed to substantially comply with Medicare regulations, reportedly resulting in the termination of CMS' agreement with the facility effective August 23, 2009. Termination of that agreement means that the facility would not be paid for any new admissions after that date and payment for any residents admitted on or before that date would cease within thirty days.

Facility Administrator Helen Frye said, "We're waiting for a revisit and we believe we have cleared all deficiencies." Frye declined to provide information on what the deficiencies were.

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.

Posted On: August 18, 2009

Illinois Nursing Home Facility Fined

We discussed the molestations of approximately 10 female residents by a male resident at the LaSalle County Nursing Home in our previous blog.

The Illinois Department of Public Health (IDPH) has fined the facility $20,000 for failing to protect its female residents. The county-owned facility has requested a hearing at which it will appeal the fine. Additionally, IDPH recommended a fine of $20,000 plus $100 for every day since June 6, 2009 that the facility has not been in compliance for "life safety" to The Centers for Medicare and Medicaid. The second fine has not been imposed at this time.

Currently, the facility has $15,000 in its contingency fund to pay any assessed fine. Money for any overage would have to come from the facility's operating budget.

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.


Posted On: August 18, 2009

LifeCare Center of Chattanooga Faces Possible Closure

LifeCare Center of Chattanooga, a nursing home facility located in Chattanooga, Tennessee, faces possible closure after being assessed severe state and federal fines and the cancellation of Medicaid and Medicare contracts. Now, if the facility is to survive financially, it must rely upon private pay residents.

After a complaint and an annual inspection, the state uncovered 21 violations of care in physician services, nursing services, medical records, pharmaceutical services, performance improvement, and administrative areas. The facility was given only two days, instead of the standard 23 days, to correct all deficiencies because the violations were of the "highest level and greatest severity". The report filled 250 pages.

LifeCare has been fined $6,300 per day and that fine is retroactive to January 20, 2009. The total fine to date? $1.28 million...and counting.

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.


Posted On: August 18, 2009

Virginia's Waddell Nursing and Rehab Center Firings: Employee Alleges Cover-Ups

We discussed Waddell Nursing and Rehab Center in previous blogs in connection with alleged patient abuse. At least one employee of the facility was recently arrested in connection to inappropriately photographing facility residents in various stages of undress.

Now, the Galax, Virginia facility is in the news again in connection to the firing of one of the whistleblowers. Melissa Reeves was terminated on Wednesday, August 12, 2009 for allegedly failing to let her employer know about the alleged abuse. In the termination letter Reeves received, Reeves was terminated for "failure to appropriately and correctly report an incident or event that could adversely affect the rights and privileges and safety of our residents."

Reeves alleges she was the first to report the naked photographs of the residents. She said she and a co-worker wrote a note concerning the abuse and slid it under the facility Administrator's door. They did not sign the note due to fear of retribution. Allegedly, failing to sign the letter cost Reeves her job.

Reeves believes that she was terminated because James Wooddell allegedly knew of the abuse. "He lied about it and said he didn't know anything about it. When in fact, I knew that he did, because I left the letter there under the door. He was telling all his staff, 'well if I'd only knew about his earlier I could have done something to stop it', well he did know."

Posted On: August 18, 2009

California Nursing Home Hit with $100,000 Fine After Resident Dies

Arbor View Rehabilitation and Wellness Center, a nursing home facility located in Santa Monica, California, was hit with a AA Citation, the most severe citation possible, and fined $100,000 after a gastronomy tube was inserted into a resident's abdominal cavity instead of her stomach. The resident later died.

The resident's gastrostomy tube became dislodged on September 8, 2008. A facility licensed vocational nurse (LVN) reinserted it and continued the resident's tube feedings, despite a facility policy prohibiting reinsertion of gastrostomy tubes in place less than three months; the resident's tube had only been in place approximately 10 days.

The resident began feeling poorly and began experiencing nausea and vomiting. After being transferred to the hospital, a hospital scan revealed that the resident's feeding tube had been inserted into her abdominal cavity instead of her stomach and showed that her abdominal cavity contained massive amounts of fluid. Sadly, the resident died on October 24, 2008. Her autopsy report indicated that she died due to complications of inflammation of the lining of her abdominal cavity.

This is not the first time Arbor View Rehabilitation and Wellness Center has been in the spotlight of the California Department of Public Health. Between 2007 and 2008, the facility logged more than 75 complaints and is rated as a one-star facility, which is a below-average care facility, according to The Centers for Medicare and Medicaid. To read more about the care this facility provides, click here.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at www.nursinghomejustice.com.

Posted On: August 17, 2009

Missouri CNA Guilty of Abusing Brain-Injured Resident, Sentenced to Prison

We discussed the tragic abuse of Benny Crowley at the hands of CNA Dennis Rowe in a previous blog.

Dennis Rowe was convicted of second-degree elder abuse sentenced on August 10, 2009 to five years in prison for abusing a brain-injured nursing home resident at Carthage Health and Rehab in Carthage, Missouri. Rowe allegedly struck the resident in the groin and face and forced water down his nose into his lungs through his oxygen tubing in an effort to "control" the resident.

Allegedly, another employee was witness to the abuse after asking Rowe how he was able to "handle" Crowley. Rowe responded by simply walking up to Crowley in his wheelchair and hit him in the testicles. Then, Rowe smacked Crowley in his face and mocked him. Rowe also grabbed a water canister that was attached to Crowley's oxygen concentrator and held it up so that water washed down the tubing into Crowley's nose and lungs, causing him to choke.

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.

Posted On: August 17, 2009

Massachusetts Nurse's Aide Charged After Gross Abuse of Residents

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Atrium at Faxon Woods


Kara Murphy, 23, a former nurse's aide at Atrium at Faxon Woods, a nursing home facility catering to residents suffering from Alzheimer's, dementia, and other memory loss problems, was arrested after reportedly abusing the residents for whom she cared. A co-worker reported witnessing the abuse. Murphy has been charged with seven counts of assault and battery on disabled persons. While pleading innocent, she is under house arrest until she can be fitted with a GPS tracking device.

Murphy allegedly manhandled at least four residents during her shift on August 8, 2009. The abuse began around 8:00 a.m. that day when Murphy was assisting an 89 year-old resident in the bathroom. When the woman tried to stand up after using the facilities, Murphy allegedly grabbed her by the jaw and forced her back down saying, "I should make her eat it." Murphy then admitted to having forced a resident to do so in the past. Later, when the resident refused to take her medication, Murphy forced open her mouth and dumped water in, which spilled down her neck.

Later in the morning, Murphy allegedly pushed a 92 year-old resident into her wheelchair and backhanded the resident in the forehead because she "wasn't moving fast enough". Murphy also bounced on the lap of another wheelchair-bound resident and allegedly punched yet another resident on the shoulder. In the afternoon, Murphy mocked a co-worker for changing the clothes of a resident who urinated on herself and told the co-worker she should leave it for the next shift.

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.

Posted On: August 17, 2009

Tennessee Veteran Suffers Severe Head Injury, Questions Linger

A seventy-nine year-old veteran was fine went to bed on Tuesday night at Harper's Veterans Home in Eagleville, Tennessee. On Wednesday morning, August 12, 2009, he woke up in a pool of blood and no one seems to know what happened.

The resident was transferred to Middle Tennessee Medical Center, but due to the attending physician's suspicions about the circumstances and the severity of the injuries, the resident was transferred to Vanderbilt for further treatment.

The Sheriff's Department is investigating.

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.

Posted On: August 16, 2009

New York Nursing Home Facility Faces Government Scrutiny

We discussed Northwoods Care and Rehab in a previous blog after a facility employee was arrested for sexually abusing a helpless seventy-eight year-old resident at the facility. Now, the facility is in the crosshairs of New York's Department of Public Health.

Federal officials are refusing Medicare and Medicaid payments for new admissions to the facility after receiving reports that facility employees consistently ignored residents' calls and there was not enough staff to dispense medication. State inspectors revealed problems, some of which may have been considered "immediate jeopardy", to federal authorities.

An ombudsman from the Red Cross found problems at the facility during a visit on August 5, 2009. The ombudsman found a resident who desperately needed assistance going to the restroom. The resident turned on a call light to request help. A nurse came into his room, turned off the light, and said she would get him some assistance. Fifteen minutes later, the ombudsman again turned on the light, but it was turned off again.

On July 15, 2009, the facility was cited for failing to give medications, including insulin and anti-seizure drugs to thirteen residents in a 24 hour period.

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.

Posted On: August 16, 2009

California Nursing Home Hit With Stiff Fine in Patient Suicide Death

The California Department of Public Health levied a $90,000 fine against Del Rosa Villa after the facility failed to prevent a resident's suicide. The 52 year-old resident was admitted to the facility on May 22, 2009, just one month after he threw himself in front of a car. He suffered two broken bones in his left leg in that incident. The man had been diagnosed with depressive disorder, schizophrenia, and "suicidal ideation". His June 1, 2009 Care Plan ordered that he was to be on "suicide watch at all times". One June 11, 2009, the resident was seen exiting the facility's laundry room in his wheelchair to smoke. Approximately twenty minutes later, the man was found outside hanging from a fence with a belt wrapped around his neck. All resuscitation attempts failed. The California Department of Public Health's investigation found that the facility staff failed to place the man under suicide watch and was a "direct proximate cause of the death of the patient". A licensed vocational nurse at the facility admitted to investigators, "I missed it. I didn't see it." Elizabeth Tyler, general counsel for Del Rosa Villa, allegedly said, "We serve as a hospital, not as a mental institution." Tyler also admitted that facility staff was aware that the man had attempted suicide at least once prior to his placement at Del Rose Villa. 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.
Posted On: August 15, 2009

New York Nurse's Aide Guilty of Tying Up Nursing Home Resident

A nurse aide at the Waterview Hills Rehabilitation and Nursing Home in New York has pleaded guilty to tying a resident to her wheelchair with a bedsheet while he napped.

Pierre Obas, 72, pleaded guilty to violating public health law involving abuse, neglect, and mistreatment of a person in the May 16, 2008 incident. Obas has to surrender his nurse aide certificate and is forbidden to work as a nurse aide for one year.

The nursing home resident, who was 83 years-old and unable to walk or care for herself without assistance, requested assistance several times during the night of May 16, 2008. According to video surveillance, around 2:30 a.m., Obas tied her to her wheelchair, took her to a darkened common room, and napped while she sat, bound, in the wheelchair for approximately an hour.

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.

Posted On: August 14, 2009

Caregiver Burnout: How To Recognize The Signs and Prevent It

Caregiving is arguably one of the most important jobs you will ever have. No matter how much you love someone, caregiving is exhausting work - especially if it seems there is no end in sight. Caregivers can suffer burnout, so knowing the warning signs can help prevent burnout or worse.

Support Network

Make sure you have a strong support network in place, whether it be siblings, social workers, neighbors, friends, or even an online support network. You have to have people who can fill in for you when you are sick, need to get away, or have personal business to attend to.

Time Off From Caregiving Job

Just like people need time off from their day job, it is vital that caregivers have time off from their job. While an extended vacation would be nice, even getting away for a few hours makes all the difference in your mental health.

Vacation

Try to arrange a vacation for yourself to rejuvenate. If you can't go away, consider arranging for your loved one to visit a sibling or friend for a week. Even a short break is enough time to relax and recoup.

Journal

Often, writing helps alleviate pent up frustration or irritation. Try writing down your feelings, thoughts, or concerns each day. It doesn't have to be complaints, it can be happy memories involving your loved one or something positive that happened that day.

Breaks

Sometimes, even ten to fifteen minutes of time alone can help change your mindset. If you can get out, try sitting quietly in a pleasant place or even talking a short walk to clear your head. Sometimes, a break in routine can do it. Try playing cards or another game with your loved one or just spend time doing something out of the routine ordinary, like baking or gardening.

Posted On: August 13, 2009

New Fall Prevention Program Could Help Prevent Nursing Home Falls

In nursing home environments, falls are one of the leadings causes of nursing home injuries, most of which occur in resident rooms. New, state-of-the-art technology has just been introduced that could help make falls a thing of the past, or at least greatly reduce them.

The Samarion Fall Prevention System was recently introduced to The Guardian House, an Alzheimer's facility located in Louisiana. The Guardian House is the only facility in the country utilizing this system. Each facility room has been equipped with the system, which is actually a computer system that learns patient movement and activity. Each resident has a profile that determines fall risk. If the computer determines the resident is a fall risk, the computer and motion sensing devices monitor every move in bed and will alert staff if any out of the ordinary movement occurs. An alert will come in via computer screen and staff will be able to see if the individual is climbing out of bed. The computer will identify where the resident is in the building and where staff members are located in the building. Once alerted, a nurse can immediately speak to the resident through the room television, reminding them to stay in bed. Recent testing revealed that 60% of all incidents that could have led to a fall were eliminated.

In addition to preventing falls, the Samarion system also has the ability to prevent nursing home abuse, as it can monitor interaction between residents, staff, and visitors.

Posted On: August 12, 2009

New York Nurse Aide Charged After Taking Sexually Explicit Photograph of Nursing Home Resident

Former Nurse Aide Shane Spooner has been charged in connection with photographing a disabled nursing home resident in a sexually explicit manner.

On March 28, 2009, Spooner allegedly used his mobile phone to photograph the genitals of a 49 year old resident, suffering from a traumatic brain injury. Spooner transmitted the photograph in a text message to another facility employee, who was not working at the time. Spooner admitted to an investigator from the Attorney General's Medicaid Fraud Control Unit that he took and sent the photograph to amuse himself.

Spooner is charged with second degree unlawful surveillance and first degree dissemination of an unlawful surveillance image, both felonies. He faces up to four years in prison if convicted.

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.

Posted On: August 11, 2009

New York CNA Pleads Guilty to Felony Abuse

We discussed this matter in our previous blog.

In May 2009, John Ette, a former CNA at Adirondack Medical Center's Mercy nursing home in New York, was arrested for physically abusing an 88 year-old nursing home resident. Ette admitted to state investigators that he hit the bedridden resident in the face, grabbed her arm, and shoved her into her wheelchair. She suffered severe facial bruising and a broken collarbone. The woman's injuries were discovered the next morning by facility staff.

Ette pleaded guilty on July 22, 2009 to endangering the welfare of an incompetent or physically disabled person and was sentenced to time served. Ette spent approximately two months in jail following his arrest. He was also ordered to take an anger management class.

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.


Posted On: August 10, 2009

New Admissions Banned at Tennessee Nursing Home

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Life Care Center of Athens


The Tennessee Department of Health banned new admissions to Life Care Center of Athens until further notice, after a complaint investigation found violations in performance improvement and nursing services. Allegedly, facility conditions were found that could be detrimental to the health, safety, or welfare of facility residents. The ban, effective July 31, 2009, remains in force until all violations are corrected. Additionally, a special monitor has been appointed to oversee the daily operations of the facility.

The facility was assessed a one-time state penalty of $1,500 and a federal civil penalty of $4,150 has been imposed daily until the violations are corrected.

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.

Posted On: August 9, 2009

Death By Cereal - Pennsylvania Nursing Home Death Under Investigation - UPDATE

We discussed this tragic situation in previous blogs.

On October 8, 2008, allegedly Alvador Thompson, a nurse's aide at Cambridge-Brightfield Assisted Living/Hospice Care Center in Pennsylvania, poured scalding hot Cream of Wheat cereal down the throat of Ronald Myers, a facility resident who was totally dependent upon others for his care and was unable to speak. The cereal was so hot that it scalded Myers' mouth and esophagus and he was unable to eat any longer. After a delay in obtaining treatment, Myers was hospitalized suffering from second degree burns and died two weeks later.

County Coroner Walter Hofman reviewed Myers' medical records and the ensuring investigation report and ruled the death a homicide.

Thompson pleaded guilty to involuntary manslaughter in connection to Myers' death on Thursday, August 6, 2009. She faces a maximum sentence of two and a half to five years in prison and a fine of $10,000.

Currently, Thompson is a caretaker for an elderly patient, who is aware of the incident and wants to keep Thompson as her caretaker.

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.


Posted On: August 8, 2009

Oregon Alzheimer's Patient Wanders Away, Vanishes

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Ruby Larson


Seventy-five year old Ruby Larson suffered from Alzheimer's, short-term memory loss, and disorientation and had no knowledge of her own physical limitations, health needs, or medications. When her family admitted her to Pheasant Point Retirement and Assisted Living Residence in May 2007, facility staff were fully aware of her condition, as well as her tendency to wander. By July 2007, she allegedly had wandered off on three separate occasions. On July 23, 2007, Ruby wandered off again, this time forever. Despite desperate searches by multiple search teams, Ruby was never seen again. She was declared legally dead by a judge's order in 2008.

David Buoy, one of Ruby Larson's three sons, filed a $2 million wrongful death lawsuit against Pheasant Point Retirement and Assisted Living Residence and its parent company, Spectrum Retirement Communities of Oregon. The suit alleges facility negligence in failing to ensure that Ruby did not wander off and also alleges facility staff failed to tailor care specific to Ruby's needs. Additionally, the lawsuit alleges that the facility should have had Ruby in an Alzheimer's care unit to keep her from wandering away and that the facility was slow to report her disappearance to local authorities.

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

Posted On: August 7, 2009

Pennsylvania Care Home Owner Faces Neglect Charges

Sixty-two year old Carol Kyle faces neglect charges in connection to an elderly dementia resident for whom she cared. Kyle was charged with neglect of care of a dependent person, recklessly endangering another person, and assault. A preliminary hearing is scheduled for August 10, 2009 at 10:00 a.m. in before District Judge Douglas Bell.

Eighty-two year old Nona Meyers had been cared for at Kyle's unlicensed personal care facility since 2006. In Pennsylvania, care facilities allegedly do not have to be licensed if there are fewer than three people being care for. Meyers suffered from the early stages of dementia and was unable to communicate and could not eat, use the restroom, walk or dress without assistance. Kyle received $850 per month for her services.

On May 11, 2007, Kyle took Meyers to the hospital, sat her in a wheelchair, handed insurance cards to a nurse, and said, "She needs to go to a nursing home." Kyle allegedly turned around and left without providing any medical history or information on Myers' condition. Additionally, Kyle failed to notify Meyers' family members.

Hospital staff found Meyers was suffering from bed sores on her left and right heels, left hip, buttocks, and back. She was also suffering from blood poisoning due to the severity of her wounds. Hospital staff told police that the bed sores would have taken eight to ten weeks to reach that level of severity.

The Area Agency on Aging paid a surprise visit to Kyle on May 25, 2007. During the interview, Kyle denied seeing black skin, green seepage, or odor for any of the areas affected by bed sores on Meyers. She also denied that Meyers' hip bone protruded due to the sores. Kyle maintained she was treating Meyers' bed sores and that she moved Meyers and propped her up to alleviate pressure on the affected areas. Kyle failed to tell Meyers' daughter about the sores on her buttocks and hip because she believed that the sores occurred due to rolling Meyers to alleviate pressure.

Meyers died on July 3, 2007.

Kyle is no stranger to trouble when caring for dependent adults. In 2003, she pleaded guilty to two counts of neglect of care of a dependent person and theft. According to reports, Kyle refused to take a care patient with a fractured vertebrae for treatment and waited prior to seeking treatment for bruising and swelling on another patient's arm. She also ordered $2,700 in incontinence products for patients who did not need them, instead using them on other patients. She was sentenced to probation in 2001.

In 1999, Kyle's husband, Norman Kyle, pleaded guilty to two counts of unsworn falsification to authorities. On an application to operate a personal care home, he indicated that he had never been convicted of a felony when in fact he had been convicted of second-degree murder in Maryland in 1979. He received two years' probation.

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.

Posted On: August 6, 2009

California Nursing Home Caretaker Sexually Assaults Special Needs Resident

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Christopher Coates


Thirty-five year old Christopher Coates was arrested and booked into the Santa Barbara County Jail on multiple sexual assault charges, which include lascivious acts with a dependent adult and dissuading a witness.

An investigation ensued after the victim, a 36 year old special needs client at the assisted living facility with Coates was employed, reported to her caretaker that another caretaker at the facility had sexually assaulted her five days earlier.

Coates is being held on $100,000 bail. He was not an employee of the facility at the time of his arrest. The name of the facility and Coates' victim was not released.

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

Posted On: August 5, 2009

Scabies Outbreak Closes Indiana Nursing Home

The Fox 7 news team visited Columbia Healthcare Center mid-morning on Monday, August 3, 2009. Shortly after the visit, the facility's doors were locked and a "Closed to the Public" sign was hanging on the door. Why? The Evansville, Indiana facility reportedly closed for the third time in two weeks due to an alleged scabies outbreak. Scabies is a contagious skin infection transferred through close contact.

While the facility refuses to confirm or deny the allegations, employees and residents of the facility acknowledge that scabies have been an issue at the facility for at least a month. Allegedly, one facility visitor said he'd heard that the nursing home had known about the scabies problem since March 2009. Family members of residents and employees say they've heard between five and sixteen patients have contracted scabies. Fox 7's informant alleges that the nursing home told employees to keep information about the scabies outbreak under wraps and not to discuss it with media or residents.

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.

Posted On: August 4, 2009

Iowa Nursing Home Faces Federal Fine - Again

Fejervary Health Care Center, a nursing home facility located in Davenport, Iowa, faces yet another fine for its role in a recent patient death. The facility has had a history of problems and fines from the Iowa Department of Inspections and Appeals. The most recent fine was assessed in July 2009 in the amount of $6,000.

On June 12, 2009, a resident was admitted around Noon. The resident and spouse both advised the facility of the resident's recent history of falls. The facility identified the problem on the resident's Care Plan and listed interventions that included a bed alarm and body alarm.

Around 9 p.m., the resident attempted to get out of bed and the alarm sounded. Later, around 4:25 a.m. on June 13, 2009, the alarm sounded again. Responding facility employees found the resident on the floor in a puddle of urine. The first employee responding said that the resident fell head first but failed to tell the nurse that the resident had hit their head. After bandaging a small hand wound, the resident was asked if they were hurt and the resident responded "no". No one checked the resident's pupils or performed any neurological checks.

Around 9:20 a.m., the resident complained of hip pain and was given pain medication. Once again, the resident was not assessed.

Around 10 a.m., the resident "became restless and agitated, looking for cigarettes. The resident complained of having a headache above his/her right eye." Upon returning to the room, the resident was unresponsive and was taken to the hospital. The resident later died. The facility failed to inform the resident's physician about the fall.

Last year, the facility was fined $7,500 in connection to a missing resident, a resident who required additional monitoring due to inappropriate sexual behavior, and a resident who was left in a dark cafeteria waiting for breakfast for more than two hours.

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.


Posted On: August 3, 2009

Pennsylvania Nursing Home Sued for Wrongful Death of Resident

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We discussed Edward O'Neil and the Village at Luther Square in previous blogs.

A wrongful death lawsuit has been filed in the death of Edward O'Neil in July 2008 at the Village at Luther Square in Pennsylvania. The suit seeks more than $50,000 in damages and alleges negligent care on the part of the facility. The lawsuit's allegations include failure to provide visual checks and appropriate restraints, failure to provide anti-tipping precautions, and failure to provide adequate supervision.

On July 5, 2008 around 9 p.m., Edward O'Neil was sitting in his wheelchair near a nurse's station, secured with a soft restraint. Around midnight, Mr. O'Neil was found tripped forward on the floor while still attached to his wheelchair. He had a large cut on his forehead, a bloody nose, and a skin tear on his elbow.

Mr. O'Neil was taken to the hospital, where he was diagnosed with a ruptured blood vessel in the brain and a fractured neck. He died from his injuries two days later on July 7, 2009.

The nursing home's investigation into the incident found that Mr. O'Neil suffered the neck fracture prior to his accident. The state investigation into the incident determined that the facility's Director of Nursing "revealed that anti-tipping devices were not used" and "the nursing staff failed to assess the safety of applying a waist restraint".

No court date has been set.

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.

Posted On: August 3, 2009

Shoddy Care Leads to Nursing Home Wrongful Death Lawsuit

Eighty-one year old Erna Brown was admitted to Kearney County Health Services nursing home in 2007. Upon admission, she had a pressure sore that required daily care and facility staff was advised that she was at risk for infection. In late 2007, after being left unattended, Ms. Brown fell and fractured her hip. After a surgery, her physician once again warned facility staff that Ms. Brown was at risk for infection. Ms. Brown's condition deteriorated and even though her symptoms all pointed to a possible infection, no one at the nursing home investigated. She subsequently developed a second large pressure sore that the nursing home facility failed to report to her physician. The pressure sore became infected and Ms. Brown developed sepsis, which is a blood infection. After months of pain, Ms. Brown died early last year.

A lawsuit was filed on August 3, 2009 in Kearney County District Court alleging that staff members at the facility caused Ms. Brown to fall and failed to treat her injuries. The lawsuit also alleges that the county committed fraud by failing to reveal how understaffed the facility was.

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.

Posted On: August 2, 2009

Texas Nurse's Aide Beats Up Elderly Resident, Now Faces Felony Abuse Charges

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Johnetta Phillips


Thirty year old Johnetta Phillips faces first degree felony abuse charges and is being held on $100,000 bail after a concerned husband caught her on videotape abusing his wife.

The man's wife, who remains unidentified, was paralyzed by a stroke several years ago and suffers from dementia. She has been a resident of Castle Pines Health and Rehabilitation in Lufkin, Texas for the past three years. Several months ago, she told her husband that she was being abused. The facility conducted an internal investigation, but it was closed after the resident could not identify her abuser. Still suspicious, the resident's husband set up a video camera in her room and caught two unprovoked attacks on his wife on tape.

In June 2009, Phillips allegedly forced the female resident out of her wheelchair and hit her three times on the arm before throwing her onto the bed with such force that the resident struck her head on the headboard.

In July 2009, Phillips allegedly picked up a doll the resident was holding and struck her with it in the chest. She then wheeled the woman to her bed and "roughly" put in her, once again causing her to strike her head on the headboard.

When confronted, Phillips denied touching the woman. When confronted with the video, she claimed she was protecting herself from being struck by the resident. According to Phillips, the elderly, paralyzed stroke victim with dementia had struck her several times in the past. Phillips' alleged reports were purportedly ignored.

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.

Posted On: August 2, 2009

Tennessee Prosecutors File Charges Against Nursing Home Employee

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Douglas Harris, former director of social work at Brookhaven nursing home, was recently jailed after a grand jury indictment. Charged with one count of willful abuse, neglect, or exploitation of a dependent adult, one count of theft over $10,000, and two counts of theft over $1,000, he remains in jail under a $50,000 bond. He is scheduled to appear in court on September 11, 2009.

Prosecutors allege that Harris targeted a Brookhaven resident incapable of making decisions and stole property and cash from the resident.

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.


Posted On: August 1, 2009

Mississippi LPN Fined in Neglect of Nursing Home Resident

On July 27, 2009, Sandra Whitehead was ordered to pay in excess of $600 in fines and court costs and to complete 40 hours of community service for her role in a patient injury at a Mississippi nursing home.

Whitehead pleaded no contest to misdemeanor neglect at Jaquith Nursing Home in Whitfield, Mississippi. Whitehead was working as a licensed practical nurse at the facility when she failed to properly assess a resident after a fall and failed to notify the resident's physician and family. The resident, who sustained a broken clavical and several broken ribs due to the fall, suffered pain from the incident and was unable to communicate with staff. Whitehead also failed to follow nursing and facility guidelines for documenting falls.

Posted On: August 1, 2009

Arrest in Case of Employee Who Photographed Naked Residents

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We discussed abuse allegations at Waddell Nursing and Rehabilitation in Galax, Virginia in a previous blog.

On Friday, July 31, 2009, twenty-nine year old Sharon Ann Walker, a facility employee, was arrested in connection to an anonymous complaint received by the Department of Social Services accusing an employee of the facility of taking photographs of residents without consent; the photographs were described as pornographic. Walker has been charged with two counts of knowingly and intentionally videotaping or photographing a non-consenting person while that person was nude or in a state of undress. Allegedly, Walker took photographs or videotaped more than one nursing home resident between April 1, 2009 and July 15, 2009 and shared those pictures with other people.

Walker has been released on bond pending her arraignment. The Galax Police Chief Rick Clark says an additional arrest is anticipated.

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 our website at www.nursinghomejustice.com.