Posted On: September 29, 2009

Tennessee CNAs Arrested After Taking Nude Photographs of Defenseless Residents

We discussed the abuse discovered at Pigeon Forge Care and Rehabilitation Center in our previous blog. Reportedly, facility employees took photographs of the residents in an undignified manner.

According to the Tennessee Bureau of Investigation, two certified nursing assistants who worked at the facilty were arrested on Wednesday, September 23, 2009, after a grand jury indictment on four counts each of health care abuse. They allegedly took numerous nude and degrading photographs of helpless residents, some as early as 2007.

Both CNAs were terminated from their positions and are being housed in the Sevier County Jail on $20,000 bonds.

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

Posted On: September 28, 2009

Nursing Home Resident Catches Her Thief Red-Handed

An eighty-eight year-old resident set up and caught a thief at Oakmont Nursing Home in Union, South Carolina.

The resident, who lives in a residential section of the nursing home facility, noticed that she was repeatedly missing cash from her room. Recently, she left $60 in a bank envelope inside a purse that she placed in a drawer when she left the room. When she checked the money the next morning, $40 was missing. Only the resident and facility employees have keys to the room.

The resident reported the theft to the facility supervisor and then decided to set up her thief. She left two $5 bills in her purse in the drawer. The bills ended up being taken at two different times when the resident was out of the room. Police were called and, after comparing the theft times with the work schedule of the facility employees, police arrested Brenda Rochester on two counts of second-degree burglary and petit larceny.

Posted On: September 25, 2009

Illinois Sexual Assault Victim Sues Nursing Home

After her eighty-two year old ward suffered through a sexual assault earlier this year, a guardian has sued the nursing home where the sexual assault occurred. The lawsuit, filed in Rock Island County Circuit Court, names Paul D. Hubbard and Parkview Terrace nursing home as co-defendants and only identifies the victim as Jane Doe to protect her identity.

The woman was allegedly assaulted on February 1, 2009 by Hubbard, who was an employee at Parkview Terrace nursing home in East Moline, Illinois. Hubbard was arrested and later pleaded guilty to a felony count of criminal sexual assault. He was sentenced in July 2009 to four years in prison and must serve 85% of his sentence.

The lawsuit alleges that the nursing home was negligent in several areas. According to the lawsuit, the nursing home failed to do a background check on Hubbard and hired him without checking any references. The suit also alleges that Hubbard was hired without a thorough interview and that the facility failed to check his personality. The facility is also accused of failing to monitor Hubbard, failing to train employees to recognize risks, and failing to have a larger staff and have security cameras and personnel.

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

Posted On: September 25, 2009

Nursing Home Supervisor Denies Statement To Investigators

We discussed Penny Whitlock and Marty Himebaugh and their possible roles in a series of unusual deaths of terminally ill residents at an Illinois nursing home in previous blogs.

Reportedly, while employed at Woodstock Residence, nurse Marty Himebaugh gave residents dangerous doses of morphine or other drugs and nursing home supervisor Penny Whitlock knew about it. Allegedly, Whitlock told other facility employees that Himebaugh was serving as an "Angel of Death". While neither woman is accused of killing the residents, four residents died while under their care.

Whitlock faces seven felony charges from the investigation into the four suspicious deaths - five counts of criminal neglect and two counts of obstructing justice. She is accused of turning a blind eye to the untimely deaths and has recently contradicted state police accusations that she told facility employees to deviate from protocol for the disposal of the dead residents' morphine. In a recent two day hearing into her motion to suppress expected testimony from investigators, Whitlock testified that she never made that admission during a November 2008 interview with investigators.

Whitlock has requested a jury trial.

Posted On: September 24, 2009

Utah Nursing Home Employee Accused of Sexual Abuse

Clifford Ray Holt, a dishwasher at Hillside Rehabilitation Center in Salt Lake City, Utah, was charged September 16, 2009, with one count of second degree felony forcible sexual abuse after he allegedly fondled a 62 year-old Alzheimer's resident.

Holt allegedly led the woman into a room, told her "this is my place", and closed the door. He began massaging her shoulders and then grabbed the woman's breast hard enough to cause bruising. The woman was able to report the incident and Holt has since been fired.

Holt is not a stranger to the Utah court system. He pleaded guilty to vehicle burglary in March 2006 and was sentenced to one year in prison. He also pleaded guilty to vehicle burglary in 1997 and 1999. It is unclear whether the nursing home facility knew of Holt's criminal past when he was hired.

Holt remains in custody for violating parole while awaiting trial for sexual abuse. His bail is set at $75,000.

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.

Posted On: September 24, 2009

Vermont Nursing Homes Fined for Hiring Banned Nurse

Burlington Health and Rehab Center and Starr Farm Nursing Home were both fined for hiring a nurse who had previously been banned from working in facilities that receive federal health care funds, such as Medicare.

To settle the case, Burlington Health and Rehab paid $175,000 in penalties and Starr Farm paid $40,000.

Posted On: September 24, 2009

Registered Sex Offender Newest Resident at Texas Nursing Home Facility

 

"If I said there was no danger, I would be lying." Counselor Ezio Leite on sex offenders on civil committment.

Several weeks ago, sixty year old Boyd Mullens was moved from a halfway house in Dallas to the Lake Worth Nursing Home in Lake Worth, Texas. Mullins is considered a sexually violent predator after being convicted of molesting several teenage boys.

Officials allegedly moved Boyd due to illness but refuse to elaborate. Nursing home staff members say that Mullins is able to ambulate but speaks using a computer device. He lives in a room with several other nursing home residents.

Facility social worker Laura Holbrook allegedly was not aware that Mullins was considered such a dangerous sex offender. While residents in the surrounding Lake Worth neighborhood were advised of Boyd's residency, as were nursing home employees, residents of the facility and their families were not notified. According to Holbrook, "No, we don't divulge that to family members." The nursing home Director refused to comment on the failure to notify and refused to discuss if any extra security precautions were taken to protect the residents.

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.

Posted On: September 23, 2009

Sexual Abuse at Illinois Nursing Home Goes Unreported to Police

Bourbonnais Terrace officials face an inquiry by the Bourbonnais police about sexual abuse allegations that went unreported to the police for at least three months.

The sexual abuse allegations surround two incidents involving a resident who abused another resident sexually on January 16 and 17, 2009, according to Melanie Arnold, spokeswoman for the Illinois Department of Public Health. The allegations, which involve a resident with a 1990 murder conviction, were uncovered during a March 2009 annual inspection. The nursing home reportedly failed to timely report the incident to the police, as did the Illinois Department of Public Health.

The Illinois nursing home faces a possible $20,000 fine, which it is contesting.

Posted On: September 23, 2009

New Report Details Iowa Nursing Home Board Chairman Failed to Investigate Alleged Abuse

Daniel Larmore recently resigned as the Administrator of Harmony House Care Center in Waterloo, Iowa. He remains the current Chairman of the Iowa Board of Nursing Home Administrators. The question some have is: should he hold that position?

The Iowa Board of Nursing Home Administrators is responsible for licensing and disciplining Iowa's nursing home administrators, but has not taken any action against an administrator in two years.

A Des Moines Register report published this week listed instances of nursing home administrators who were accused by the state of failing to prevent or investigate resident abuse without being disciplined by the Board. Interestingly, Larmore found himself in this position in 2004 when he was the Administrator of Harmony House and serving on the Board; he was never disciplined by the Board. Public health officials could not say if Larmore's case was ever reviewed by the Board, but Larmore acknowledged that the Board failed to review some cases that were sent in for potential disciplinary action.

In 2004, the Iowa Department of Inspections and Appeals alleged that Larmore failed to properly investigate and respond to complaints that a female nurse aide was repeatedly engaging in sexual intercourse with a 29 year old brain injured male resident. Co-workers had witnessed several suspicious encounters between the two and the resident's roommate also complained about the two allegedly having sex on the other side of the privacy curtain. Larmore argued that "The relationship was initiated by, and was meaningful to, (the resident)...The presented situation was one of mutual interest of a (resident) and a caregiver and, although inappropriate, did not present potential or actual harm to the consumer due to the reciprocal fond relationship." In Iowa, a professional caregiver who engages in sexual intercourse with a nursing home resident can be criminally charged with dependent adult abuse.

Posted On: September 23, 2009

Pennsylvania Veterans Home Conditions Considered "Dangerous" To Residents

After a Freedom of Information Request, the Pittsburgh Tribune Review recently received a year- old report concerning living conditions at the Philadelphia Veterans Affairs nursing home. The report, which included horrible details of patient neglect, such as one male resident with black toes and maggots falling out of his foot, prompted massive changes at the facility.

VA spokesman Dale Warman said, "This situation occurred more than a year ago. Leadership took swift action to correct these problems and insure the staff at the nursing home is competent, dedicated, and ready to care for America's veterans." Since the report was issued, the nursing home has purchased new equipment, began a $10 million renovation, and brought in wound care specialists.

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 online at www.nursinghomejustice.com.

Posted On: September 23, 2009

Admissions at Tennessee Nursing Home Suspended Following Citations

Admissions at Countryside Healthcare and Rehabilitation of Lawrenceburg have been suspended by the Tennessee Department of Health until conditions at the facility improve. Admissions may be suspended when conditions at a facility are considered to be detrimental to the health, safety, or welfare of the residents. The facility has been assessed a one-time state penalty of $1,500 and the facility faces a $4,600 per day penalty assessed by the federal government.

During a complaint investigation and annual survey conducted between August 24 through September 1, 2009, surveyors found violations of standards in the areas of admissions and discharges, administration, transfers, infection control, performance improvement, nursing and pharmaceutical services, and food and dietetic services.

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: September 22, 2009

Plaintiff's Verdict in Lawsuit Against Illinois Nursing Home

On Tuesday, September 22, 2009, in less than two hours, a Madison County, Illinois jury found for the plaintiff in a nursing home negligence suit filed against Rosewood Care Center of Alton.

After a trial that began late Monday afternoon and finished early on Tuesday morning, a jury found for plaintiff Clifford Emons, who brought a negligence suit on behalf of the estate of Jane Schwarz. Further details have not yet been disclosed.

This is the second plaintiffs' verdict against the Rosewood Care Center chain in Madison County, Illinois this year. Another negligence suit was filed against Rosewood's Edwardsville location earlier this year by plaintiff Paul Graves on behalf of his deceased father and awarded damages totaling approximately $150,000 over his father's fractured hip. Rosewood's attorney has moved for a new trial in the Graves case citing juror misrepresentation and bias.

Posted On: September 21, 2009

Illinois Nursing Home Loses Trial, Moves for New Trial

Paul Graves' negligence suit against Rosewood Care Center in Edwardsville, filed on behalf of his father Alfred Graves, has been tried not once, but twice. The first case ended in a mistrial in 2007; the second case ended with a plaintiff's verdict on April 24, 2009.

Alfred Graves fell and broke his hip on the first day of his stay at the facility in January 2003. Paul Graves alleged that the nursing home violated its own procedures and failed to provide his father with adequate care. The jury awarded approximately $150,000 in damages to the plaintiff.

Defense attorney Dennis McCubbin has moved for yet another new trial in this case alleging judicial error and juror bias. McCubbin cited evidentiary errors made by the judge presiding over this case in allowing evidence of Rosewood's policies versus state law, failing to exclude certain evidence, and allowing plaintiff's counsel to proceed with a "bad-faith" line of questioning during the trial.

Among the jury panel was juror Ray Alexander, a plaintiff's attorney employed at Brown & Crouppen in St. Louis, Missouri. Alexander spent the first seven years of his practice as a defense attorney defending medical providers accused of injuring their patients before becoming a plaintiff's attorney. McCubbin is alleging that Alexander has an "anti-defendant" bias and that Alexander misrepresented his interest in the case to the court for economic reasons and that he could not be impartial. Reportedly, an associate of McCubbin allegedly overheard Alexander congratulating Bob Gregory on his verdict.

Plaintiff's attorney Gregory advised the court that juror Alexander had been completely candid with the Court concerning his profession and his employers and felt the verdict had been rendered fairly.

Judge David Hylla, who presided over both trials in this case, has taken the motion under advisement.

Posted On: September 20, 2009

Nationwide Crime Ring Targets Nursing Home Residents

Markinious.jpg
Markinious Ketrell Hartfield


The entire United States nursing home population could be at risk in a new nursing home scam. Colorado has been the most recent target where male thieves dressing as female nurses and entering nursing home and senior living facilities.

The men enter the facilities wearing medical scrubs and then proceed to enter resident rooms and apartments while the residents are eating meals or participating in facility activities. They take the resident's credit cards, which are used at large retail businesses, such as Wal-Mart and Kmart. The thieves have struck at least twenty times since May 2009 and have run up charges on the stolen credit cards estimated betweeen $50,000 to $100,000.

The scam has been seen in Louisiana, Texas, Alabama, Georgia, and Kansas and could possibly be connected to a nationwide crime ring that began operating in April 2009.

The Colorado police have focused on and identified two possible subjects. The first man is Markinious Ketrell Hartfield, who was arrested in Colorado Springs in mid-September and bonded out. Hartfield was convicted in Louisiana in 2006 of crimes similar in nature. The second suspect is a man between 20 and 30 years old of slight build.

Posted On: September 20, 2009

Minnesota Nursing Home Aide Wanted to "Smash" Elderly Resident

Glenwood Village Care Center, a nursing home facility located in Glenwood, Minnesota, has terminated a teenage employee who allegedly abused at least two elderly residents. The aide has denied the allegations.

The aide, who was approximately 18, was hired January 30, 2009 and was fully trained in residents' rights, care of vulnerable adults, and how to prevent and report abuse. On June 22, 2009, another facility employee reported that the aide had been struck by a resident and the aide threatened to hit the resident back. The aide reportedly told the co-worker, "I wouldn't really hit her, but believe me, I want to. I just want to smash her." Another employee later told investigators that the aide told the resident, "If you hit me, you are going to go to jail and do you know what happens to people in jail? They get raped."

Later that evening, the same aide began lifting a resident's leg and continued to move it when the resident expressed pain with movement and told her, "Cry if you want to cry."

Reportedly, this same aide also made a resident cry by telling her she could soon see her dead husband.

Investigators concluded that the home had acted appropriately concerning the incidents and reported the aide to the nurse aide registry, which may bar her from future employment in a nursing home setting.

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: September 19, 2009

Owners of Murder/Suicide Nursing Home Facility Have Problems at Other Facilities

Leticia and Tony Perez own Oakland Springs Health Care Center, which earned notoriety after a woman shot and killed her daughter and then herself at the facility recently. Diana Harden alleged that her daughter had been mistreated while a resident at the facility and that was one of the reasons that led to the murder/suicide. The incident, as well as past citations, have led to an investigation through the Public Health Department.

Leticia and Tony Perez also own Oakhill Springs Care Center in Oakland, California. Many of the residents of this facility are completely dependent upon staff for all activities of daily living, such as dressing and bathing, eating, and using the restroom. Most of the facility's residents have psychiatric or behavioral problems or dementia. The facility has a one star rating, according to the new rating system instituted by The Centers for Medicare and Medicaid. The one-star rating is partially based on staffing levels and on the most recent annual inspection by Public Health Department inspectors.

According to the May 28, 2009 inspection, inspectors found:

- Seven residents were not provided the appropriate diets and several lost weight due to insufficient caloric intake - despite doctor's orders. One woman lost nearly 8% of her body weight because she was not given a pureed fortified diet that her physician had ordered. Her doctor could not understand why his patient continued to lose weight, despite the health shakes he had ordered for her three times daily. The health inspector did not find any record of the order being implemented or that the resident's diet was fortified with high calorie food. When the cook was asked how she fortified the diets, she said, "I add thickener to the pureed food."
- Residents suffering from kidney disease were given high potassium foods, which could have caused their condition to become life-threatening or at a minimum, worsen their kidney disease.
- Another resident was served fish despite a severe allergy to fish and shellfish that was recorded in their medical records.
- In October 2008, a member of the nursing staff put an iron medication tablet into a resident's feeding tube, causing it to become clogged. The nurse in charge of medication said that liquid iron had not been in stock for two weeks since the medication was ordered.
- In June 2009, inspectors found that doors were unable to be closed due to beds being in the way, which could cause smoke or flames to spread if there were a fire.

The Perezes also operate Oakgrove Springs Care Center in Oakland, California; Hayward Springs Care Center in Hayward, California; Lafayette Care Center in Lafayette, California; and Pleasant Hill Manor in Pleasant Hill, California. The Pleasant Hill facility was cited for numerous violations and, in fact, a resident was reportedly overmedicated in 2004, requiring hospitalization. The Perezes' licensing company, LTP Legacy, LLC, is a named party in a lawsuit concerning the care an elderly resident received at Oakland Springs - then called Clinton Village Convalescent Hospital, that contributed to her death. Tressie Mae Evans was alleged to have been frequently found lying in a soaking wet in a dirty bed with feces from December 2007 until her death six months later. There is no record of a state investigation into Ms. Evans' death.

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: September 19, 2009

Georgia Nursing Home Manager To Plead Guilty to Drug Theft

Wayne Dawn, Jr., manager of the Pleasant Valley Assisted Living Center in Dalton, Georgia, has opted to plead guilty to drug theft. Dawn had previously plead "not guilty" to elder abuse charges and multiple counts of drug possession.

Dawn was arrested in October 2008 and charged with six felony counts of cruelty to a person 65 or older, six misdemeanor counts of theft by taking, six misdemeanor counts of reckless conduct, three counts of felony possession of hydrocodone, one felony count of possession of darvocet, and two felony counts of possession of tramodol. Allegedly, Dawn took drugs belonging to residents and replaced them with other drugs.

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: September 18, 2009

Facility Involved in Murder/Suicide Had Thirty-Two Substantiated Complaints in One Year

We discussed the tragic murder/suicide at Oakland Springs Health Center in our previous blog.

The California Department of Public Health is studying a letter written by Diana Harden concerning the treatment her daughter, Yvette, received at the facility. Diana Harden mailed the letter to ABC7 News prior to killing her daughter and herself on Sunday, September 12, 2009. Officials say that the allegations contained in the letter could lead to the facility's license being revoked.

Jennifer Rodriguez met Diana and Yvette Harden after she suffered a stroke and came to live at Oakland Springs. She calls them her best friends. Rodriguez confirms that Yvette suffered abuse at the hands of facility staff and alleges that she suffered abuse as well. Rodriguez said, "I'd be sitting outside her room and heard them say that to her. I heard, 'You're a fat pig. I don't want to deal with you, nobody else does either, that's the way it is, we have to and I don't like it', like that, I mean really."

I-Team examined the case files involving Oakland Springs for the past year. They found 32 substantiated complaints. Among the allegations:

- Staff failed to notify a doctor for four days that a resident had broken her finger;
- Staff failed to investigate a resident's complaint that a nurse's aide hit him in the forehead, stomach, right shoulder, and chest area; and
- Staff failed to keep a resident clean and free of feces and urine and a hospital staff found him in that condition.

The owner of the facility, Tony Perez, denied the abuse complaints. Oakland Springs Health Center's neuropsychologist, Dr. Sherman Weldon, callously alleges that Yvette Harden's talk about wanting to die was just a bluff. He said, "She could get more attention onto herself by making statements that involved her longevity than in any other way."

Posted On: September 18, 2009

Horrific Bedsore Kills New York Nursing Home Resident

Patricia%20Henry.jpg
Patricia Henry holding photographs of Verda Henry, her mother

By all accounts, seventy-three year old Verda Henry was an active senior in 2005, working as a cashier at Eastchester Senior Center, family chef, baby-sitter for her great-grandchildren, and foster mother. When she fell and injured her arm in 2005, she went to Sutton Park Center for Nursing and Rehabilitation for therapy and assumed that she would be home in about a month. She died at the nursing home in 2007, after her requests to go home were repeatedly denied.

Patricia Henry, Verda Henry's daughter, and her children visited Verda every day, sometimes staying as many as eight hours. Patricia Henry said, "There would be a nurse and she would run between floors and they had no time. Nobody checks on her. Nobody feeds her. Every time we asked to take her home there was a reason we couldn't." Verda Henry soon became so weak she couldn't even move.

Patricia Henry found it accidentally - a huge bedsore on her mother's tail bone - when she was changing her mother's gown. Within days, the sore, already in an advanced stage, was infected. The last words Patricia Henry heard from her mother were screams as doctors scraped at the blackened skin. "You could put your whole hand down in her back. You could see the bones and spinal cord. It was like raw meat. Mommy screamed until she couldn't scream no more," Henry said.

Patricia Henry filed a lawsuit against Sutton Park Center for Nursing and Rehabilitation after her mother's 2007 death and filed a lawsuit last week against South Shore Medical Center, a facility across the street from the nursing home.

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

Posted On: September 18, 2009

Pennsylvania Nurse Aide Fired for Verbal Abuse

St. Mary's at Asbury Ridge, a nursing home facility located in Erie, Pennsylvania, is now operating under a provisional state license due to a nurse's aide who reportedly verbally and emotionally abused at least a dozen patients over a series of months.

The abuse began in late 2008 and was not discovered by the facility under February 2009, when they suspended and later fired the employee.

The facility Administrator said that the aide's comments were not threatening, just rude.

Posted On: September 18, 2009

Hawaiian Nursing Home Fined for "Dumping" Resident

We discussed Nu'uanu Hale nursing home in Hawaii in a previous blog. The facility reportedly "dumped" eighty-one year old resident Florence Ko at Straub Clinic & Hospital's Emergency Room, just days before Christmas. She had with no idea what was going on and only $3 to her name.

Ko's daughter had stopped assisting with her mother's monthly payments to the facility a few months earlier and Ko's bill had climbed to more than $30,000. The facility decided to discharge Ko and dumped her at the hospital with no knowledge of whether the hospital would admit her and no other arrangements made to care for her at another facility. Ko was wearing only a hospital gown when she was dropped off and had her cell phone but no charger.

Ko's doctor had ordered her to be sent to the emergency room for acute anxiety, but the hospital determined that Ko did not need to be admitted for treatment. When the hospital contacted the nursing home about retrieving her, the facility had already given Ko's bed away.

Ko ended up staying at the hospital for over 12 hours before the hospital located an available spot at another facility.

A report by federal inspectors stated "the resident was abandoned at the hospital emergency room, she had no place to live or knowledge of what would happen to her". The facility also failed to follow its own policy of checking whether a resident taken to a hospital would be admitted before making that person's bed available to someone else. The report also states that the facility's Administrator said that Ko's inability to pay her bill at the facility was a factor in her discharge.

The facility has been assessed a $3,000 fine as a result of the inappropriate discharge.

The Terry Law Firm is experiened 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: September 17, 2009

Top Administrators Fired or Forced to Resign at Illinois Nursing Home

We discussed the LaSalle County nursing home in previous blogs.

Three top level administrators at LaSalle County nursing home were either fired or forced to resign after all three failed to take appropriate action after a male patient made sexual advances to at least ten elderly female residents, some of whom suffered from dementia. The facility also faces a possible $20,000 fine.

A county board committee was set to convene to discuss the situation when it was announced that the three administrators were no longer in the county's employ. Administrator Adrienne Erickson, Head of Nursing Lauretta Hammerich, and Lanette Olszanowski, Head of Social Services, all were fired or forced to resign. One woman refused to accept the request to resign and was immediately terminated. No reason was provided for the staffing change except "it was in the best interests of the home".

Dennis Reimann, a Minneapolis nursing home administrator, has been named interim administrator and two other appointments will be announced this week.

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: September 17, 2009

California Group Home Director Arrested

We discussed Pensri Sophar Dalton, the owner of Sophar's Room and Board, in a previous blog. Ms. Dalton was arrested on September 5, 2009 on 16 charges of elder abuse after twenty-two residents were discovered living without indoor plumbing in renovated chicken coops at her unlicensed care facility.

Her son, Tony Dalton, was arrested after he violated his probation on Friday, September 11, 2009 when he denied investigating officials entry into the two facilities he managed. He was convicted in 2008 of elder abuse and spent three months in jail. He was also forbidden to work as a caretaker for elderly or dependent adults.

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: September 16, 2009

Tragic California Nursing Home Murder/Suicide Prompts State Investigation

Sixty-four year old Diana Harden walked into the Oakland Springs Health Center on Sunday, September 13, 2009 around 10:00 p.m. and shot and killed her forty-three year old daughter, Yvette Harden, and then killed herself. This tragedy might have been prevented if someone had just listened to Diana Harden when she advocated on behalf of her daughter.

Yvette Harden was twenty-eight years old when she was severely injured in a near-fatal auto accident on July 19, 1994. Left a quadriplegic with brain injuries, Yvette had the intellect of an adult but little impulse control and no inhibitions. She also could not balance herself. Her family searched for the next fifteen years for a facility capable of caring for her needs, to no avail.

Yvette lived in multiple facilities, all allegedly incapable of handling her or her needs. She was admitted into Oakland Springs Health Center approximately six years ago. Diana Harden and her family tried desperately to educate the staff on brain injuries and the repercussions of the injuries that claimed Yvette's normal life. There were photos of Yvette in her room ranging from her childhood through the present time, as well as a detailed story of what her life was like. Harden also provided a layman's explanation of brain injuries for staff to read.

There are numerous allegations as to how staff treated Yvette. Reportedly, facility staff treated Yvette like an "animal" or a "non-person". They did not provide Yvette with a diabetic diet, instead just cut her caloric intake. She gained so much weight that she outgrew her wheelchair and had to have a new one ordered. CNAs allegedly called Yvette "fat pig" and told her that they "hate taking care of her". CNAs also allegedly washed Yvette in the shower "like a car real hard" and turned on the cold water to punish her. Once Yvette screamed, the CNAs allegedly would switch the water back to hot before the charge nurse could arrive. The facility allegedly did not provide diapers for Yvette and her family had to provide them for her.

Diana Harden mailed a letter to ABC7 I-Team the day before she went to the nursing home and ended her daughter's life as well as her own. The letter detailed the abuse that Yvette allegedly endured at the hands of facility staff. Dan Noyes of ABC7 I-Team discussed the situation with Tony Perez, the owner of Oakland Springs Health Center. Perez does not believe that any of the situations occurred. I-Team turned the letter over to Oakland Police for review.

Interestingly, I-Team located a tall stack of complaints against the facility at the state Department of Public Health. In August 2008, Yvette filed a complaint against the facility because they took away her motorized wheelchair. The report said "since the facility "took away' [her] motorized wheelchair, [she] said on multiple occasions, 'I want to die; I don't want to live without my wheelchair.'"

The state Department of Health sent a statement saying, "our heartfelt sympathy goes out to all of those impacted by this tragic turn of events. We can confirm we have begun an investigation."


Posted On: September 15, 2009

Administrator Charged in Nursing Home Druggings

Kern%20Hospital.jpg
Kern Valley Hospital


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

In February 2009, three employees of Kern Valley Healthcare District were arrested following a two year investigation. Former Director of Nursing Gwen Hughes, former pharmacist Debbi Hayes, and staff physician Dr. Hoshang Pormir were charged for their alleged roles in the drugging of nursing home residents. In all, twenty-two residents Alzheimer's and dementia residents were given high doses of psychotropic medications to make them tranquil and easier to control. Hughes allegedly ordered drugs for residents who made noise, argued with her, or were otherwise disruptive. Three residents died and one resident was greatly harmed.

Now, Administrator Pamela Ott has been charged with eight felony counts of elder abuse for allowing her staff to forcibly administer psychotropic drugs to residents for convenience. According to California Attorney General Jerry Brown, Ott hired and supervised Hughes and therefore, is responsible for her actions.

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: September 15, 2009

California Group Home Owner Houses Disabled Residents in Chicken Coops

Pensri Sophar Dalton is the owner of a group home for disabled adults in San Bernardino. On Saturday, September 5, 2009, police allegedly conducted a search of the North Golden Avenue home after pounding on the facility door with a battering ram before gaining access.

Dalton had been arrested on Friday, September 4, 2009, after police discovered people living in converted chicken coops at an unlicensed group home for mentally ill individuals. Razor wire fences surrounded the facility, as well as padlocked gates. Twenty-two disabled adults were found living in three buildings without indoor plumbing. The residents were using buckets for toilets. The rooms were as small as six to fifteen feet with two beds and a mattress in the room.

Dalton also owns a group home by the name of Sophar's Room and Board. She faces a lawsuit for the death of one of her residents there. The man allegedly fell into an unfenced swimming pool and his body was not found until the next day.

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: September 10, 2009

Food Safety Violations Force Nevada Nursing Home to Purchase Restaurant Food for Residents

After state health officials found multiple serious food safety violations, the Nevada State Health Division's Bureau of Health Care Quality and Compliance suspended the food permit for the Mission Pines Nursing and Rehabilitation Center for the day on Tuesday, September 2, 2009, forcing the facility to purchase restaurant food for its residents.

A routine survey by the Bureau found a 16 foot hole in the ceiling that could have contaminated the dishwashing area with leaking water. Investigators found meat, such as chicken and beef, and other perishable foods were stored at unsafe temperatures and food contact surfaces that were both soiled and contaminated. Investigators also found a malfunctioning dishwasher and determined that facility staff was unable to safely prepare food.

A surveyor remained at the facility after finding the food safety concerns and the facility was forced to serve meals from restaurants. The facility's food permit was restored at the end of the day, but the facility still faces possible fines.

Posted On: September 9, 2009

California Group Home Owner Sued After Resident Dies While In Her Care

Pensri Sophar Dalton, owner of the group home Sophar's Room and Board, faces a lawsuit in the death of one of her residents.

On February 12, seventy-one year old Eucevio Hernandez Vallez died after he fell into an unfenced swimming pool at Sophar's Room and Board. His body was not found until the next day. Vallez suffered from dementia, severe alcoholism, and trouble walking. He was supposed to be supervised to limit his access to alcohol.

Vallez's family filed the lawsuit that alleges "Sophar's multiple failures, including transferring Mr. Vallez to an inappropriate facility without his family's knowledge...failure to ensure that he did not receive or consume alcohol and failure to provide appropriate supervision, caused Mr. Vallez to access the backyard intoxicated and unsupervised".

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: September 8, 2009

Pennsylvania Nursing Home Worker Accused of Stealing Morphine, Flees the State

lint.jpg
Stacey Lint


Stacey Lint, 38, disappeared for eight months after charges were filed accusing her of stealing liquid morphine from the residents she cared for at the Bridges at Bent Creek Assisted Living facility in Silver Springs Township, Pennsylvania. She allegedly stole the morphine and other prescription drugs to satisfy her own habit, replacing the morphine with water.

She fled Pennsylvania after charges were filed and was captured in Kentucky just a few days ago. She appeared in Cumberland County Court on September 2, 2009 and was released on $2,000 bond.

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: September 7, 2009

California Convalescent Home Fined in Patient Death

On April 3, 2009, eighty-three year old Hannah Lesser was on her way to the bathroom when she discovered that her walker wasn't near her bed. She grabbed at a nearby television on a dresser for support and accidentally pulled a flat screen television off of the dresser. Both the television and the dresser toppled on top of Ms. Lesser, one landing on her head and one on her chest. Sadly, she died approximately two weeks later from her injuries. It was Ms. Lesser's seventh fall in one month while a resident at the San Tomas Convalescent Hospital in San Jose, California.

The California Department of Public Health cited the facility with a "AA" citation, the most severe citation available for patient care, and assessed an $80,000 fine "for failing to ensure the environment remained as free from accident hazards as possible". Additionally, the facility "failed to provide adequate supervision" and "failed to implement care plan interventions" where the "violations presented either imminent danger that death or serious harm would result".

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: September 6, 2009

Illinois Whistleblower Fired After Reporting Abuse

Ronda Washington, an employee at Caseyville Nursing and Rehabilitation in Caseyville, Illinois, was terminated from her job at the facility reportedly after reporting a fellow employee's abuse of residents.

Washington first observed a facility employee abusing a resident in February 2009. She reported the incident to her immediate supervisor on the day she witnessed the abuse. Caseyville Nursing and Rehabilitation was legally obligated to report the abuse but allegedly did not do so.

On August 21, 2009, Washington again talked to the facility Administrator concerning the facility's obligation to report the abuse. She was terminated. According to the lawsuit that Washington filed on August 28, 2009, "fearing that the Defendant's failure to report the physical abuse would result in the employee abusing other individuals, Plaintiff made repeated inquiries and requests of her supervisor and Administrator to report the physical abuse as required by law." The lawsuit also states "the termination of Plaintiff's employment by Defendant, Caseyville Nursing and Rehabilitation Center, Inc., was in retaliation for Plaintiff reporting illegal activities to the Defendant's supervisor and Administrator, and was contrary to the public policy of the State of Illinois". The lawsuit seeks a judgment in excess of $50,000 plus punitive damages and costs.

Posted On: September 5, 2009

Three Minnesota Nurse Aides Terminated After Abuse Discovery

Three nurse's aides at Edgewood Vista Virginia, an assisted living facility located in Virginia, Minnesota, were terminated after abuse evidence was uncovered.

State investigators made an unannounced visit to Edgewood in April 2009 and found evidence that four residents had been verbally, physically, or emotionally abused. In one instance, the three employees targeted a woman suffering from Alzheimer's disease and pinched her on the side of her breast, slapped her buttocks, and bounced a rubber ball off her buttocks. According to the investigative report, the resident "got meaner and more depressed" and refused to come out of her room. Allegedly, two employees also hit the resident with plastic foam "noodles" and put their cold hands on her neck to startle her after they came inside from the cold.

In another instance of abuse, the employees slapped a male resident in the mouth and told another resident to "shut up". A female resident was told she was "crazy" and aggravated until she yelled to be left alone.

The employees are not named in the report. One employee was unable to be contacted either by telephone or subpoena. The second employee denied the allegations and denied seeing the incidents. This employee did admit to taking a photograph of one of the residents and posting it on the internet. The photograph was removed after she was told that it was not allowed. The third employee told investigators about some of the abuse but did not report it. She went through a thirty day evaluation for using bad judgment. The three employees have since been terminated from the facility's employ. The investigative findings will appear on their background checks and they will be disqualified from working similar jobs.

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: September 4, 2009

Rhode Island Department of Health Orders Immediate Compliance at Summit Commons Nursing and Rehabilitation Center

After health inspectors reportedly found documents proving the continued failure to track and treat bedsores and reposition residents at Summit Commons Nursing and Rehabilitation Center in Providence, Rhode Island, The Rhode Island Department of Health (RIDOH) ordered immediate changes and compliance on August 26, 2009. Under the compliance order issued by Dr. David Gifford, RIDOH Director, the facility must hire an independent consultant, contract with a patient safety organization, make report results available, and contact all patients.

The facility has one week left to comply with the order.

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

Posted On: September 1, 2009

National Health Care Nurse's Aide Indicted for Sexual Battery

James W. Wright has been indicted on four counts of aggravated sexual battery of a resident after an investigation into the treatment of another resident from 2000 to 2007 uncovered abuse. He is being held without bond.

Wright was a nurse's aide at National Health Care nursing home in Bristol, Virginia. A former nurse at the facility witnessed Wrights abuse of a resident when she looked into the resident's room and found the woman in her wheelchair with her shirt and bra shoved high on her chest. Wright allegedly was standing behind the woman reaching around to fondle her breasts. Davenport alleges that Wrights abuse of residents was not a secret at the facility and that "when I talked to the rest of [the nurses], they said this has been going on for years." Wright's co-workers allege that facility management was lackadaisical toward the abuse violations.

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: September 1, 2009

California Nursing Home Hit With "AA" Citation, Fined

New Hope Care Center, a nursing home facility located in Tracy, California, has been hit with a "AA" citation by the California Department of Public Health after an investigation concluded that a female resident died due to inadequate care from the nursing staff and that staff "failed to ensure that the resident's medications were monitored and failed to fully assess the resident or promptly notify the physician when there was a change in the resident's condition, which resulted in the resident's death."

The 78 year-old woman was admitted to New Hope Care Center on August 22, 2009, with a recent hip fracture and mitral/aortic heart valve deficiencies, general osteoarthritis, osteoporosis, and hypertension. Employees failed to assess the onset of symptoms that indicated that the resident may have bleeding in the brain and failed to contact a physician immediately to get her treatment. The facility was fined $100,000.

Under the new ratings system instituted by The Centers for Medicare and Medicaid, New Hope Care Center has a one out of five star rating, indicating that the facility provided "much below average" care.

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.