Nursing Home Abuse Lawyer Blog

Eighty-three year old Merle Fall suffered from lung cancer and advanced dementia. She was admitted to Ridgeland Point Senior Living Community on February 25, 2010, after wandering away from her home. According to her daughter, Diane Phillips, "I always said the first time she left home, we'd have to put her in a safe place. We didn't want her to get hurt." Sadly, after a mere nine days at Ridgeland Point Senior Living Community, Merle Fall suffered a fatal injury.

Merle reportedly was placed in a lockdown unit where she would be safe. Problems began shortly thereafter.

Several days after her admission, Merle's daughter visited her and reportedly found her dressed in the same clothing as she had been wearing when she was admitted and smelling of urine. During the visit, a nurse pointed to a chair and advised Diane Phillips that Merle had tried to leave the facility via the window. The lockdown unit was on the second floor. Phillips' husband checked the window, finding it unlocked. Facility staff promised that the window would be repaired.

During the evening of March 5, Merle was wandering in and out of resident rooms and was seen trying to open the locks on her window around 2:00 a.m. A resident assistant on duty found her at the window, attempting to remove the safety lock. She redirected Merle and remained with her until she fell asleep. When another employee arrived for her shift around 7:00 a.m. on March 6, another employee noticed that Merle was not in her room. As she searched for Merle, a resident told her, "Look out the window and see if that lady is there. I tried to get her not to jump, but she did anyway." The employee looked out the window and found Merle lying on the ground. The fall shattered Merle's ankle and she suffered a brain hemorrhage after striking her head. She died three days later.

After a state Department of Health Investigation found no criminal violation in Merle's death but did cite the facility and required them to move the Memory Care Unit to the first floor, Merle's family filed a lawsuit against the Ridgeland Assisted Living, LLC and Emeritus Corporation alleging neglect. The suit seeks at least $500,000 in damages and attorney's fees.

The companies maintain their innocence, stating that Fall's family has "failed to prove Fall was harmed due to defendants' negligent or reckless conduct".

A Belleville, Illinois nursing home was sued recently, accused of breaking the leg of a resident and then failing to obtain medical assistance for her.

The Lincoln Home, Inc. and Weiss Management Group, Inc. were named defendants in a lawsuit filed by Lillie Avant on October 12, 2010 in St. Clair County Circuit Court. Lillie Avant was injured on the morning of May 31, 2010, when facility staff members attempted to turn her onto her right side and reposition her and reportedly heard loud popping sounds. Avant immediately grabbed her leg and cried out in pain.

According to Avant, the popping sound was later identified as her femur and knee fracturing during the move. Despite her obvious pain, Avant alleges that no one notified her doctor or legal representative of her injuries. In fact, Avant's son visited in the afternoon and her daughter came to the facility in the evening and both found that their mother had yet to receive treatment for her injuries. Avant continued to complain about pain and, reportedly, facility staff provided Avant with pain medication and charted that she received "no relief" from the medication.

Avant was taken to the hospital on the night of June 1, despite orders for x-rays of her hip and leg that were obtained late at night on May 31. Avant was diagnosed with multiple leg and knee fractures. To add insult to injury, the facility reportedly sent a staff member to see Avant in the hospital while she was heavily medicated in order to sign a statement about the incident.

Avant seeks more than $50,000 from both defendants.

Another California nursing home has received a AA citation, the most severe citation available under California law, and hit with a $100,000 fine in the death of a resident.

A 58 year-old resident of Browning Manor Convalescent Hospital was fatally injured in June 2009 after a fall from his wheelchair. He rushed to the hospital with a fractured spine and brain injury; he died two days later.

Although the Kern County Coroner stated that the resident died from injuries he sustained while at the nursing home facility, Elizabeth Tyler, a nursing home representative, alleges that the man left the facility in good condition and was coherent.

Orchard Court, a 16-bed nursing home facility located in Jonesboro, Illinois, reportedly will voluntarily surrender its operating license and close its doors within the next 90 days.

The facility, which is owned by R.A.V.E Residential Services, a non-profit company, was cited by the Illinois Department of Public Health for failing to protect residents from violent attacks instigated by a teenage resident of the facility. The teenager reportedly targeted elderly male residents and, on at least one occasion, inflicted injuries that sent a resident to the hospital. The facility was also fined $12,000.

According to the facility's attorney, the company cannot afford a legal battle with the government, so it opted to close its facility without admitting any wrongdoing. The residents will be moved to other nursing home facilities.

Gramercy Court, a California nursing home facility, was cited with a Class AA citation, the most severe citation possible, and fined $90,000 in connection with a 2007 fatal fall.

A 97 year-old resident was injured when she fell from her bed to the floor after a nurse had turned her back to the resident. The resident was rushed to the hospital with a broken spine, but sadly, she died four days later.

The ensuing investigation found that, had a bed rail been in place, the accidental fall could have been prevented.

This is not the first time that Gramercy Court has been in the eye of the California Department of Public Health. In 2008, the facility was assessed a Class AA citation and fined after a resident died after facility staff failed to keep her hydrated.

An Arkansas jury returned a $10.45 million verdict in Valentine vs. Little Rock Health and Rehab and Heartland Personnel Leasing, Inc..

Seventy-three year old Minnie Lee Valentine was a resident of Little Rock Health Care and Rehab for a mere three months. During her residency, she suffered excruciating pain from bedsores, urinary tract infections, and MRSA and VRE infections that she developed while at the facility. Ms. Valentine also suffered from dehydration and poor hygiene. Her family filed a lawsuit alleging negligence, medical malpractice, and violations of the resident's rights act.

After hearing evidence and testimony that Brad Bedell, the owner of Little Rock Health and Rehab, failed to provide the facility with adequate policies and procedures to prevent injury, the jury awarded the family of Minnie Valentine $10.45 million, with the award against Brad Bedell personally totaling $5 million. The case was prosecuted by two Arkansas law firms.

Although not involved in the Valentine case, the Terry Law Firm recently filed a wrongful death lawsuit in Scott County, Missouri against another nursing home facility owned by Brad Bedell, in which he was named personally, along with other individuals and corporations owned by Mr. Bedell, including the facility, Hunter Acres Caring Center in Sikeston, Missouri.

In our case, Nancy Kinder was a resident of Hunter Acres Caring Center who was struck by a train just outside of the nursing home facility. The Kinder lawsuit alleges that the nursing home and its owners and operators failed to provide Ms. Kinder with a safe environment and failed to provide proper care and supervision, which ultimately led to her untimely death.

When Nancy Kinder was admitted to Hunter Acres Caring Center in December 2004, she was a known elopement risk. Less than 24 hours after her initial admission, Nancy walked away from Hunter Acres without anyone noticing. A passing motorist saw her walking down the street and contacted the facility. Nancy was able to elope from the nursing home facility several more times before Hunter Acres developed a Care Plan.

At least four separate times before her death, she was found walking toward the railroad tracks that run behind the nursing home facility. There was no fence or other barrier to prevent eloping nursing home residents from reaching the railroad tracks.

Early in the morning on March 18, 2010, Nancy eloped from Hunter Acres and walked toward the railroad tracks behind the facility. She reached the railroad tracks and walked into the path of an oncoming train, which struck her. Nancy's injuries were extensive: multiple broken bones, lacerations, extensive injuries to her left shoulder, right groin, left hip, right upper thigh, left lower leg, left upper thigh, and right hip. She also suffered a open wound to her leg, a comminuted fracture of the mid-right femur and multiple rib fractures. Hospital records indicated an "obvious deformity" to her lower extemity. After suffering excruciating pain for several hours, Nancy died.

After Nancy's death, the Missouri Department of Health and Senior Services investigated the manner in which she died and Hunter Acres was cited with an "Immediate Jeopardy" citation.

According to attorney David Terry, “If the owners had authorized money for more staff members or simply built a fence around this property, there is no way that Nancy would have been able to wander away from the facility as she often did and certainly would not have been able to reach the railroad tracks.”

His diaper was saturated, not changed in over 12 hours. His dentures were never removed, never cleaned. His body was dirty, his fingernails long. No one shaved him.

The list of indignities goes on for Jack Evans and is indicative of the poor care he received while a resident at Potomac Center nursing home in Arlington, Virginia. Jack was partially paralyzed, had problems breathing, and could hardly move. He could not feed himself. His wife, Mary Kay Evans, said sometimes she would find his lunch covered and untouched in the evening. According to Mrs. Evans, "It was just dropped there, sometimes there would be roaches in the tray." Mrs. Evans said she complained constantly during the seven years her husband was a resident at Potomac Center.

Using evidence obtained through a surveillance camera in Mr. Evans' room, the Arlington Commonwealth's attorney indicted eleven employees at the facility on a variety of charges ranging from assault and battery to neglect to forgery. One nurse at the facility was caught on camera holding a pillow over Mr. Evans' face. Kadiatu Diallo, a nurse's aide, was videotaped laughing while throwing popcorn at Mr. Evans. Diallo was convicted of assault.

Mary Kay Evans has filed a $10 million lawsuit against Genesis Healthcare, Potomac Center, and 35 other defendants for the injuries and indignities her husband suffered while a resident of the facility.

A Texas nursing home caregiver was recently arrested for a September 2010 sexual assault of a nursing home resident in Pflugerville, Texas.

Mario Rojas Lara was charged with aggravated sexual assault and forgery. According to authorities, Rojas reportedly used false documentation during the April 2010 hiring process at Pflugerville Nursing Home and Rehabilitation Center. In fact, authorities are not sure of Lara's true identity. Officials are working with Homeland Security and Immigration and Customs Enforcement to learn Lara's true identity.

Reportedly, in September 2010, Lara assaulted a nursing home resident who was not a senior. He was terminated later that month in an unrelated matter.

Twelve year old Derrick Black was a disabled resident of Alden Village North who suffered from mental disabilities and was unable to walk or talk. Derrick used a tracheotomy tube to breathe and was able to communicate on a limited basis through both sign and body language. Last year, Derrick was left unattended at Alden Village North, a decision that proved fatal. Around 6:00 a.m. the day of his death, Derrick was being tube-fed when an aide came to his room to bathe him. Derrick's bed was lowered into a flat position despite medical orders requiring him to remain upright while being fed. The aide disconnected and reconnected Derrick's feeding tube and then lifted Derrick into his wheelchair violating Derrick's care plan. The care plan indicated that he should be moved with two people to avoid accidents. Additionally, Derrick's feeding tube should have been disconnected and reconnected by a nurse - not a nurse aide. While he was sitting in his wheelchair, Derrick began coughing up fluids from his mouth and breathing tube. The aide notified Derrick's night nurse, who reportedly suctioned the fluids. The nurse then left early, around 7:15 a.m. Derrick was left unattended from 7:15 a.m. to 7:29 a.m. At 7:30 a.m., another nurse found Derrick unconscious, not breathing, his eyes fixed, and a large amount of fluids on the front of his shirt. Nurses and paramedics tried to resuscitate him, but failed. Derrick was pronounced dead twelve minutes after a nurse found him unresponsive. His cause of death was listed as "pulmonary, respiratory arrest". Alden Village North was cited for neglect for Derrick's death and fined $25,000, which is being appealed. Derrick's mother has filed a wrongful death case against the facility. In 2008, five children and young adult residents of Alden Village North died within three months of each other. The facility failed to investigate any of the deaths thoroughly. In 2004, two developmentally disabled four year old residents of Alden Village North died three weeks apart after having difficulty breathing and no one heard their monitor alarms. Although the facility was fined $50,000 for their deaths, the fine was never paid. The facility was taken over by new owners. If there is an outstanding fine with the facility, usually the new owner cannot have a license until the fine is paid. In this instance, a clerical error was made and Alden Village North assumed the facillity and did not pay any fines. A subsequent investigation at the facility found that reportedly no one at the facility knew the proper settings for breathing devices.

Continue reading " Children Dying While on Alden Village North's Watch " »

Attorney David W. Terry of the Terry Law Firm recently filed a wrongful death lawsuit against Parkwood Skilled Nursing and Rehabilitation Center and related entities in the Circuit Court of St. Louis County, Missouri on behalf of Angela Thompson, the granddaughter of Nellie Wilks. Ms. Wilks died after developing two severe pressure sores on her sacrum. Those wounds were so deep that she also developed osteomylitis, which is an infection in the bone.

Parkwood Skilled Nursing and Rehabilitation Center was cited in 2008 by the Missouri Department of Health and Senior Services for failing to make sure that each resident's nutritional needs were met, failing to make sure that residents with reduced range of motion get proper treatment and services to increase range of motion, failing to ensure that residents to cannot care for themselves receive help with eating/drinking, grooming, and hygiene, failing to give residents proper treatment to prevent new bed (pressure) sores or heal existing bed sores, and failing to provide professional services that meet a professional standard of quality.

Ms. Wilks was admitted to Parkwood Skilled Nursing and Rehabilitation Center in July 2008. Upon admission, she had no pressure sores or open areas on her skin and was able to feel pain. Ms. Wilks was admitted with a gastric tube in place to help provide her with sufficient nourishment. It was also noted that Ms. Wilks could benefit from restorative care and a repositioning program, although facility staff failed to complete these processes in a timely and meaningful way.

Nine days after her admission, facility staff completed a dietary evaluation that found that Ms. Wilks' current nutrition intake was insufficient to meet her daily caloric and nutritional needs. Despite this determination, no changes were made to Ms. Wilks' diet. Sadly, no follow-up dietary assessment for Ms. Wilks' was performed until 35 days later, well after facility staff determined that Ms. Wilks' daily nutritional needs were not being met. During these 35 days, records reflected that Ms. Wilks lost 24 pounds and developed a severe sacral pressure ulcer. Ms. Wilks' family physician and family members were not notified that she was not receiving proper nutrition or of her significant weight loss.

Thirteen days after her admission, a Care Plan was developed that identified that Ms. Wilks was at risk for developing pressure sores due to decreased mobility and incontinence of bowel and bladder. Unfortunately, facility staff failed to complete the necessary steps to ensure Ms. Wilks' remained well-nourished and free of pressure sores. Sadly, Nellie Wilks died on October 26, 2008, leaving behind her closest relative, granddaughter Angela Thompson.

The lawsuit also names the owners of Parkwood Skilled Nursing and Rehabilitiation Center as well as several related companies. The allegations contained in the 29 page Petition are that the owners set up multiple companies to engage in business dealings with the Parkwood facility for the financial benefit of the owners. Owner Charles J. Riley is alleged to have "negotiated with himself" by signing a Management Agreement on behalf of both parties to the agreement that purportedly provided consulting to the Parkwood facility.

"Many facility owners see this as a way of pulling more money from the facility and into their own pockets," said attorney David Terry. "When an owner signs a Management Agreement on behalf of two different companies, he is essentially making an agreement with himself to give himself management advice. And that advice isn't free. The nursing home is required to pay for that advice, which means more money for the owner and less money for the nursing home residents."

The Terry Law Firm, L.L.C. concentrates its energy on prosecuting personal injury and wrongful death cases. If you have questions about a possible case, please contact David Terry at 314.878.9797 or visit www.TerryLawOffice.com for more information.

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If you are interested in learning more about this lawsuit, contact Karen at the Terry Law Firm to set up a time to speak with David Terry.

Seventy-six year old Emilio Gonzalez was first admitted to Southwest General Hospital in July 2007 suffering from severe dehydration. Gonzalez's health was failing as he had decreased mobility due to a stroke and suffered from Parkinson's disease and terminal lung cancer.

His attorneys concede that he may have developed a small bedsore while in the hospital, but they contend that after his return to Retama Manor Nursing Center, his home of six years, and prior to his re-admittance to the hospital on August 20, 2007, his wounds became life-threatening. He died in November 2007.

Gonzalez's daughter, Mary Koenig, testified at trial last week that his bedsores went to the bone prior to his death. Former facility employees testified that the facility was understaffed that that charts reportedly had been falsified. According to Babe Wilson, a nursing assistant, residents were lucky if they were turned once during an eight hour shift, rather than every two hours as was mandated. Nurse David Smith recalled Mr. Gonzalez's painful moans and the "dead-animal" smell emanating from his wounds. Plaintiff's nursing care expert believed federal and state laws were violated due to the inadequate care Gonzalez reportedly received.

Medical experts for nursing home counsel contend that bedsores, dehydration, and lack of nourishment all can be part of the dying process and Dr. Louis Lux found that the biggest oversight was that Mr. Gonzalez did not receive hospice care immediately upon his lung cancer diagnosis. According to Dr. Lux, "He did exactly what a cancer patient would do. There's a slow unraveling of the body here. It affects your skin health. The cancer is robbing his body of nutrition and not allowing him to heal."

The trial continues.

The 94 year-old victim of a 2002 nursing home rape and beating will finally get justice after a 43 year-old illegal immigrant pleaded guilty to the vicious crime.

The 2002 rape and beating of the 94 year old nursing home resident initially seemed solved with the arrest of an 18 year-old man. The man confessed to the crime but was later exonerated by DNA evidence.

Roberto Recendes was convicted of domestic violence charges in 2004 in a separate case. A sample of his DNA was taken prior to his deportation back to Mexico. Later, his DNA was proven to be at the nursing home rape crime scene.

Recendes was returned to the United States in 2008 to face charges for his crime. At his December 2009 hearing, his hair was proven to be found on a blanket belonging to the victim. A necklace he wore was also found at the crime scene.

Recendes pleaded guilty to one count of sexual penetration by force, one count of elder abuse and to an enhancement of inflicting great bodily injury. He is expected to be sentenced to 17 years in prison on December 9, 2010.

Sadly, the victim has since passed away and will not personally see justice delivered. It is good to see, though, that law enforcement continued to pursue her attacker even after her death.

A Cicero, Illinois nursing home has recently cited and fined after an investigation by the Illinois Department of Health found that facility staff improperly cared for a resident.

On March 6, 2010, a loud noise was heard coming from the room of an 83 year-old resident. When staff arrived in the room, the woman was found lying face-down on the floor, bleeding from a head wound. Staff decided to move the resident from the floor to her bed without stabilizing her neck despite the profuse bleeding and the location of her wound. Hospital records revealed that the resident suffered a fracture of the base of the Odentoid Process at C2 and reportedly, it was believed that the nursing home employees moving her either caused or exacerbated the fracture that contributed to her death. This resident had fallen at least two times prior to the March 6 fall and was care planned as "high risk" for falls.

After an investigation into the resident's fall and a subsequent death, investigators determined that Alden Town Manor failed to properly care for the resident when they failed to assess a severely injured resident on the floor after a fall, violating their own policies and procedures for handling residents after a fall that require facility staff to perform a neurological assessment of the resident, and failing to assess and develop interventions and re-evaluate the effectiveness of the interventions after a resident sustains a series of falls.

Alden Town Manor was fined $30,000 by the Illinois Department of Public Health.

Falls continue to be a significant problem at Illinois nursing homes. Nursing home corporations cut facility budgets so low that many nursing homes don't have the staff required to provide quality care and supervision. If you are concerned about the care your loved one is receiving at an Illinois nursing home, call our Illinois Nursing Home Neglect Attorney for a free consultation.

After an October 1 - 4, 2010 investigation and follow-up survey, admissions to a Tennessee nursing home facility have been suspended.

According to the Tennessee Department of Health Commissioner Susan Cooper, new nursing home resident admissions to Newport Health and Rehabilitation Center have been suspended effective October 8, 2010. Additionally, the Centers for Medicare and Medicaid Services terminated the facility's Medicare agreement as of October 8, 2010. The admission ban was imposed after the recent inspection found violations in administration and pharmaceutical services that could be detrimental to the health and safety of the nursing home's residents. The ban will remain in place until the violations have been corrected.

The facility has been fined $3,500 by the state and faces a civil penalty of $3,650 per day until violations have been corrected.

The American Association for Justice recently released a study on the dreadful conditions in America's nursing homes. I have long advocated that America's "Greatest Generation" deserves better than what they are receiving their "golden" years. The nursing home industry is dominated by corporate interests that use a series of corporate spider webs designed to enrich the owners while providing as little care to residents as possible. Sadly, those who saved our country in the 1940's and made us a world power are now among the most vulnerable people in our society. How is the nursing home industry thanking them? By providing them as little care as possible, forcing them to lie in their own waste for hours on end as bed sores fester and become infected. Once strong veterans are now injured by employees who drop them, then cover up their injuries. The daily tragedies happening in nursing homes across our country are horrific and should be stopped. Unfortunately, legislators in Missouri and Illinois have chosen to crawl into bed with the nursing home industry rather than protect the citizens that secured their freedom to run for political office.

As I sat down to write a blog entry on this new study, I first read an article by my friend, Ken Connor. Frankly, I can't expound upon the AAJ study any better than Ken did in his article Elder Abuse: America's Dirty Secret. Ken runs the Center For A Just Society, where he puts the spotlight on critical issues facing elderly Americans as well as other pertinent issues facing our country. I strongly recommend that you read Ken's article Elder Abuse: America's Dirty Secret.

Seventy-four year old Ruby Larson disappeared without a trace in 2007 after she eloped from Pheasant Pointe Retirement and Assisted Living Residence. Her fully clothed remains were found in May 2010 in some blackberry bushes by a four year old child searching for his lost cat in a field - a mere quarter mile from the facility where she lived.

Larson's family sued Pheasant Pointe Retirement and Assisted Living Residence and its parent companies, Spectrum Retirement Communities of Oregon and SRC of Oregon, alleging failure to provide adequate care for Ms. Larson and preventing her from wandering off. Sadly, Larson had a history of elopement, or wandering. One year earlier, she walked away from her son's house and walked 11 miles to a hospital. In the month before she disappeared, she eloped from the facility three times. When her family addressed the increased wandering and asked if she needed higher supervision due to her elopement issues, facility employees told them not to worry.

A Multnomah County jury awarded the family $821,000 in damages on Monday, October 4, 2010, after a five day trial. The jury returned a 11-1 verdict for negligence.

According to defense attorneys, "It is our strong position that no one did anything wrong here. Ruby Larson lived the life she wanted to live."

As if Brianna Broitzman and Ashton Larson didn't have enough problems after being charged with sexually assaulting and spitting on defenseless nursing home residents at the Good Samaritan Society nursing home facility in Albert Lea, Minnesota, now they face problems due to their friendship on Facebook.

We previously blogged about Broitzman and Larson. The girls are accused of abusing defenseless nursing home residents by spitting in a resident's mouth, groping genitals, hitting and/or touching residents in the breast or genital area, sitting on the lap of a female resident in a wheelchair with bare buttocks, sticking fingers in mouths or noses to keep residents from screaming, and taunting them.

After the girls were charged, they were not to be in contact with each other. In fact, Broitzman posed a $6,000 bond with conditions that included "no contact with co-defendants". Apparently, being friends on Facebook is considered "no contact" by the girls. Now, the police department has to decide whether the girls have contacted each other or if they are just viewing each other's sites.

A mistake in a resident's medical records led to forced care of a Minnesota nursing home resident.

According to a Minnesota Health Department investigation, on the night of June 13, a nurse on duty at Lake Winona Manor realized that a nursing home resident had not had a bowel movement for three days. Unfortunately, the resident's records contained a charting error.

The nurse ordered a suppository and proceeded to administer it by having nursing home staff hold the resident down, even though the resident was kicking and telling the nurse that he had a bowel movement the previous day and did not need a suppository. The resident had the right to refuse treatment.

The facility was cited by the state for violating the rights of the resident, who was described as "cognitively intact and able to communicate without difficulty". The facility was ordered to provide staff training on resident rights and changing the affected resident's Care Plan to reflect that he has the right to refuse treatment.

A California nursing home is facing a lawsuit after its staff reportedly forced unnecessary treatment on an unwilling resident.

The lawsuit was filed against Evergreen Gridley Healthcare Center in September 2010, by the family of William Paul Bonds. According to the lawsuit, Bonds, who is now deceased, entered the facility on September 8, 2009 due to "functional decline". Upon his admission, Bonds was to receive the diuretic Aldactone, which would help control excess bodily fluid buildup. Facility staff reportedly failed to administer the Aldactone until September 11 - at which point Bonds' body had already begun to retain excess fluids and swell. His physician, advised of the problem, ordered Lasix, but that diuretic was not administered until September 12. Due to the excess fluid buildup in Bonds' body, his skin developed painful blisters and Bonds subsequently began to refuse treatment.

On September 14, Bonds stopped eating. After a few days of failing to have a bowel movement, he was given a laxative and later a suppository, neither of which helped. Bonds reportedly became "very upset" about the suppository because "by this point he simply wanted to be left alone to die as peacefully as possible".

On September 15, an RN instructed an LVN to give Bonds an enema. The LVN allegedly advised the RN that Bonds was on comfort care measures only and was not to be given any unnecessary treatment. The RN ordered the LVN to administer the enema, but the LVN, aware of Bonds' wishes, discussed it with him and complied with his wish that he not have any further treatment. Later, the RN, with the assistance of two staff members, restrained Bonds despite of his "protestations and screams" and forced the enema treatment on him even though staff knew that Bonds "was on comfort care and was mentally capable of refusing consent to any treatment". The LVN was later fired for failing to follow orders.

Bonds passed away on October 3, 2009.

The lawsuit continues to pend in the Butte County Superior Court.

The doors to the Bowes Retirement Center in Elgin, Illinois were closed permanently on Friday, October 1, 2010, following two years of state investigation on health and safety issues at the facility.

Inspections in October 2008 and May 2009 both found employees providing personal and nursing care at a facility that was not licensed as a long-term care or assisted-living facility. The Illinois Department of Public Health had also received complaints of inadequate meals, of the facility not having toilet paper available, and of its two dozen residents being cared for by a high school student one weekend. The facility was cited with 12 fire safety code violations in May 2009, which included defective heat sensors, failure to provide smoke detectors in each unit, and failure to post evacuation plans.

According to Linda Voirin, a Kane County victim advocate for seniors, the needs of some residents went beyond the scope of what the center was licensed to provide, which included a bedridden resident, an oxygen dependent resident, and residents not mentally sound enough to care for themselves.

To add insult to injury, the facility, which is owned by Angel and Bell Corp., was also under threat of foreclosure.

"Every time she comes in this room, I get a biff," a ninety-three year old Wisconsin nursing home resident reported to a social worker recently.

The "biff" the woman was referencing referred to a punch and she was talking about thirty-seven year old Shawna Hardesty, a Wisconsin nursing assistant. According to a criminal complaint, Hardesty reportedly entered the resident's room at St. Michael's Lutheran Home in Fountain City, Wisconsin on August 2, 2010 and punched the resident three times. A police officer who saw the resident later in the day immediately noticed a "baseball-sized bruise" on the woman's forehead.

Hardesty was charged with felony intentional abuse of a nursing home patient. She was suspended without pay within an hour of the abuse complaint and was fired approximately one week later, after an internal investigation concluded.

An eighty-one year old California nursing home resident has been arrested on suspicion of murder for reportedly beating his ninety-four year old roommmate to death.

The assault happened on October 1, 2010 at Palm Terrace Healthcare Center in Laguna Hills, California. Reportedly, William McDougall removed a bar used for hanging clothes in a closet and repeatedly hit his roommate, ninety-four year old Manh Ban Nguyen, in the head. Nguyen was pronounced dead at the hospital.

Officials continue to investigate the motive for the assault.