Nursing Home Abuse Lawyer Blog

The untimely death of a Colorado nursing home resident has prompted an investigation by the Colorado Health Department and Commerce City Police Department.

Fifty-seven year old Angela Guerra suffered severe injuries to her face in early December, reportedly after running into a wall at the Woodridge Park Nursing Home. Her children are questioning the nursing home's explanation in light of a conversation with a hospital social worker, who reportedly told them, "The wounds on her face do not match up to the story [Woodbridge Park] is saying, of her hitting a wall." After her injury, Guerra was in and out of the hospital before succumbing to an infection on December 14. Her family still wants answers.

The Colorado Health Department has cited the facility for not properly monitoring a vulnerable resident and the facility has lost funding for new residents until the problem is fixed. The Commerce City Police Department has interviewed facility staff and is currently working on interviewing Guerra's physicians to determine if abuse played a hand in the woman's injuries.

Interestingly, the facility has been the subject of an investigation of CALL7 news investigator John Ferrugia. Ferrugia has spent six months investigating the Woodridge facility and its director, Angela Aragon-Herra concerning serious care issues, such as lack of supervision and care of residents.

An eighty-five year old female resident was allegedly assaulted by an employee of the Emeritus Senior Living Center, a nursing home facility located in Charlotte, North Carolina. According to a report compiled by the Charlotte-Mecklenburg Police Department, the staffer reportedly kicked the woman in her legs sometime between December 18 and December 19. Physically, the woman suffered minor injuries, bruising, and scratches. The emotional damage she suffered may be far more serious.

According to Kristi Anthony-Keeter, a spokesperson for Emeritus Senior Living Center, "Our residents are like family and we hate when there are allegations like this."

Sadly, more and more nursing home residents are being subjected to physical assault and even sexual assault by the very employees who are supposed to care for them and keep them safe. Of course, some of these assaults can be attributed to the fact that so many nursing homes are understaffed, which is a decision made by the corporation in charge. Nursing home jobs are difficult and there should be as many employees as necessary to provide a safe environment and proper care for the residents.

Missouri's Board of Healing Arts - are they watching out for you? According to a recently published St. Louis Post Dispatch article, the answer is "no".

St. Louis Post Dispatch reporters Jeremy Kohler and Blythe Bernhard conducted an investigation that revealed years of accountability failures on the part of the Board and various government officials. The investigation revealed:

- The Board of Healing Arts won't disclose even the most basic information about the doctor. The website operated by the Board only reveals a doctor's work address and if the doctor has been disciplined. Prospective patients are not allowed to know where a doctor attended medical school.

- Reportedly, the Board has not used its power to suspend licenses of a doctor utilizing dangerous practices in the past 25 years. According to the Post article, in other states, the licenses of doctors perceived to be a threat to the general public are summarily suspended until a complete investigation can be conducted. In Missouri, serious allegation hearings can (and do) drag on for years while the doctors continue to practice medicine on the unsuspecting public. Hearings have reportedly been delayed for even the most trivial of reasons, such as doctors going on vacations. While medical boards in other states frequently take action against physicians after only one reported harmful incident, the Missouri Board of Healing Arts requires an obvious pattern of problems before any disciplinary action is commenced. Interestingly, if a lawsuit is filed, the Board often only sends a letter of concern to the physician, regardless of the seriousness of the situation, and physicians are not penalized for getting one or more of letters of concern.

- The Missouri Board is accused of failing to adequately respond to serious allegations. Reportedly, only 6% of the Board's actions are in response to harmed Missouri patients. Most of the Board's actions are triggered by medical boards in other states due to doctors failing to pay taxes or felony convictions.

The Board of Healing Arts should be set up to protect the public - not bad doctors.

We discussed a Kansas nurse suspected of nursing home drug tampering in our previous blog.

Deborah Riggs, a narcotics charge nurse at Halstead Health and Rehabilitation Center in Kansas, pleaded guilty on December 13, 2010 to one count of consumer product tampering and one count of adulteration of a drug. She faces up to ten years in prison and a maximum fine of $250,000 on the tampering charge and up to three years in prison and a maximum fine of $10,000 on the adulteration count. Under the plea deal, the other charges against Riggs have been dropped. Sentencing is set for March 7, 2011.

Officials at the nursing home facility reportedly noticed broken seals on the morphine-based solution bottles and sent them to a lab for testing; nursing home officials also alerted federal authorities of a potential drug tampering problem.

As a narcotics charge nurse, Riggs was in a position of authority. She held keys to the narcotic medications room and cabinet where the drugs were stored. According to information in Riggs' plea agreement, she acknowledged that she diluted between 32% and 62% of morphine sulfate solutions and replaced it with another substance in December 2009.

Riggs has had problems with controlled substances in the past. According to information in the Kansas City Star, Riggs has a history of convictions and nursing license suspensions for mismanaging or stealing controlled substances.

Riggs was convicted in federal court in 1998 of felony possession of a controlled substances by fraud. She was sentenced to four months of home detention and two years' probation in that conviction. Her nursing license was suspended in February 2000 for forging prescriptions; unfortunately, her suspension was stayed and Riggs was allowed to continue working as a nurse.

In 2008, Riggs' nursing license was suspended again for drug abuse and narcotic theft that occurred while she was working as a nurse at a Wichita, Kansas hospital. Once again, the Kansas Board of Nursing stayed Riggs' suspension and allowed her to continue working.

A ninety-one year old resident of Chino Valley Health Care Center died from injuries he sustained in a brutal attack at the hands of another resident.

John Lazzaro was viciously assaulted in his room on November 23 by fellow resident, Matthew Harvey. Lazzaro suffered severe trauma in the attack and suffered facial wounds; his arm had to be amputated due to the severity of his injuries. Lazzaro died December 4 from his injuries.

Following the brutal attack, Harvey was found inside Lazzaro's room. Reportedly, Harvey used bodily force to inflict the severe injuries on the other man. Due to the 47 year-old-man's diminished mental capacity, he was not arrested but transported to a lockdown facility.

The case is being reviewed by the L.A. County District Attorney.

Artestine Ramey and Jessica Washington

Sixty-one year old Artestine Ramey and twenty-four year old Jessica Washington targeted seniors, disabled people and nursing home residents in a ID and utility theft scheme that they masterminded.

Reportedly, Ramey and an accomplice would set up accounts with utility companies using identities of seniors, disabled individuals, or nursing home residents. Ramey reportedly had access to the victims' personal information, although how she obtained the information is unknown. Ramey allegedly would set up utility accounts for people who could not get accounts on their own. For her "service", Ramey would be paid a fee. Ramey then would call the utility company and, using a stolen identity, would set up a fraudulent account.

An Illinois gas company alerted authorities to the possible scam when it reported that an individual was opening hundreds of accounts using the identities of the unsuspecting victims. Authorities investigated and found yet another utility company that was experiencing the same problems. Reportedly, it took authorities two years to finally catch the women.

Ramey is charged with one count of felony theft over $500,000 and under $1 million, one count of felony theft over $300 and under $10,000, 21 counts of aggravated identity theft, and six counts of identity theft. Washington faces one count of forgery and one count of aggravated identity theft.

How can you help your loved one avoid becoming a victim of identity theft?

- Allow only those with a "need to know" access to your loved one's social security number.
- Visit the facility regularly and at different times.
- Know the staff.
- Routinely check credit reports.
- Sign your loved one up for an identity protection service.

The Terry Law Firm handles cases of elder abuse and neglect. If you or a loved one is in need of assistance, please contact us toll-free at 1-888-317-2525 or (314) 878-9797.

Ninety-one year old Esther Rannow moved into Benedictine Living Community in February 2007, less than one month after her 91st birthday. In early October 2007, she died after being dropped at the facility.

On October 6, 2007, Esther Rannow's family met her at the hospital after an injury at the St. Peter, Minnesota facility. According to Rannow's daughter, Audrey Glamm, when she entered the Emergency Room, she could hear her mother screaming. When Glamm asked her what had happened, Rannow reportedly responded, "They dropped me again." Rannow had experienced problems at the facility on September 8, 2007 when she was injured during a move. A facility employee reportedly grabbed Rannow's arm to avoid a more serious injury during a lift and accidentally cut her arm. The facility later amended Rannow's care plan to reflect that she required a two-person assist when moving her.

Rannow was returned to the facility later that night on October 6, 2007. While moving her from the gurney to her bed, her daughters watched her slide through the hands of a facility employee, fall into a wheelchair, and pass out. She never regained consciousness and died three days later at the hosptial.

Her family sued Benedictine Living Community for wrongful death, neglect, and failing to identify and treat a deadly medical condition. According to the lawsuit, Rannow died from a urinary tract infection that led to septic shock.

Benedictine Health Dimensions, the operator of Benedictine Living Community, denies wrongdoing in the incident saying, "Providing quality care to all residents is a priority at the Benedictine Living Community of St. Peter, and it believes that proper care was provided."

A twenty-five year old Texas nursing home employee has been charged with the attempted sexual assault of a ninety-one year old female resident.

On November 24, 2010, Telesforo Vasquez, III , an employee of Castle Pines nursing home, reportedly exposed his genitals to the woman and ordered her to touch him. When she refused, he forced her down, injuring her hip and buttock area. He was arrested on December 1, 2010 on charges of injury to the elderly and attempted sexual assault. Each charge carries a maximum ten year sentence.

Vasquez remains in jail.

While not involved in this case, Missouri and Illinois nursing home abuse and neglect attorney David Terry has represented several nursing home residents who have been raped and sexually assaulted while in a nursing home. In his experience, when a nursing home employee rapes a resident, you can almost always find a lack of supervision by the nursing home Administrator, Director of Nursing, and other supervisors. A lack of funding for sufficient staff by the corporate parent is usually present as well.

To learn more about how to protect your loved ones who are in nursing homes, order a free copy of David's book "5 Things You Must Know About Nursing Home Abuse and Neglect in Illinois" by calling our office at 1-888-317-2525.

Hilltop Rest Home, a Kentucky personal care home, is closing.

The facility has been cited five with Type A citations, the most serious available, for violations of state regulations since July 2010. The facility's license is set to be revoked on December 9, 2010.

According to the Manager of Health Solutions Assisted Living, Derek Cimala, "We had already investigated and made plans to close the facility sometime in the next several months anyway. The facility was very, very old. It was getting very, very difficult to maintain the facility. The state's action accelerated the inevitable decision." Health Solutions is the owner of the Hilltop.

CITATIONS

July 2010 - A ward of the state was missing for over one day before being located 66 miles away, intoxicated. Local police weren't notified of the missing resident for four to five hours. The facility failed to investigate the elopement. Additionally, the facility failed to have an adequate supply of food on hand for its residents. According to regulations, an adequate supply of food is a three-day supply.

August 2010 - A ward of the state was allowed to wander outside in 100 degree heat. Another state ward was not properly monitored.

September 2010 - The facility was cited for hiring a person listed in the Kentucky Nurse Aide Abuse Registry. The facility hired said employee in 2008 and said employee resigned in January 2010 after reportedly being accused of physically assaulting a resident. The employee was then rehired, desipte being in the Kentucky Nurse Aide Abuse Registry, and was providing direct care to facility residents. Said employee was promoted to assistant administrator on August 23.

September 22, 2010 - Facility cited for not monitoring a resident who drank shampoo and had to be rushed to a local hospital The resident had a history of ingesting inappropriate, sometimes dangerous, chemicals.

October 2010 - Facility cited after resident was not provided with psychiatric medication for three days and attempted suicide.

Hilltop's 27 residents are currently being assisted with placement by the Cabinet for Health and Family Services.

According to a recent Minnesota Department of Health report, the Bethesda Heritage Center in Willmar, Minnesota is at fault for the choking death of a resident.

According to the report, the resident suffered from chronic breathing problems and anxiety. She was on a restricted diet banning all raw vegetables and anything else that was not "well cooked" due to her difficulty swallowing. On May 29, the resident began choking during her evening meal while eating raw cucumbers in cream sauce. While a staff member did perform the Heimlich maneuver and the resident did expel a mouthful of food, the resident later died at the hospital from respiratory failure and choking.

Facility staff believed that they did not violate the resident's dietary restrictions because the cucumbers were soft and in cream sauce.

According to facility Administrator Michelle Haefner, "We've taken this very seriously. We never want to see this happening again." The facility now requires all meals to be double-checked against each resident's dietary plan.

A Florida nursing home under investigation for suspected resident abuse has fired three employees.

According a spokesperson for Brookdale Senior Living, the parent company of Clare Bridge, the nursing home under investigation, the terminated employees were not involved in the alleged abuse incidents under investigation. Recall, two family members of residents reported suspected abuse after one male resident suffered bruising on his face and another resident reported that an employee would not let go of their thumb. In an email, Botsford said, "Specifically, the acts for which terminations occurred were directly tied to failure to maintain confidentiality, disrespect, threatening others, and spreading gossip."

The abuse investigations continue.

State Representative Tom Burch (D-Louisville) has pre-filed a bill designed to revamp the system for investigating nursing home deaths in Kentucky.

The proposed legislation would require all deaths to be reported to the county coroner within 24 hours by a specific staff member at long-term care facilities and hospices. Current state law only requires facilities to notify coroners in the event the death is "other than natural". As a result, coroners are rarely even contacted, even when abuse or neglect is suspected of playing a part in the death. In fact, according to Attorney General Jack Conway, nursing homes are allowed such broad discretion on reporting possible abuse or neglect cases that often state investigators are unaware that a death may have been caused by abuse or neglect until notified by a family member or another individual files a complaint.

The proposed legislation also would require coroners to involve local law enforcement or prosecutors if the death is the result of suspected abuse or neglect. Coroners would be allowed to discern which deaths would need review by law enforcement.

Nursing homes would be required to provide the Attorney General's Office with the name of one specific employee charged with the job of reporting deaths to the local coroner under the proposed legislation. Failure to do so would result in fines of $200 per week for the facility's failure to comply and the designated employee could face criminal penalties.

Burch's proposed legislation also calls for specific training on abuse and neglect for nursing home inspectors and facility staff. It also proposes strengthening the criminal penalty for failure to report suspected abuse or neglect. Currently, failure to report is a Class B misdemeanor, which is punishable by up to 90 days in jail and a possible fine of up to $250. Under the new proposal, failure to report would become a Class A misdemeanor, calling for up to 12 months in prison and a possible fine of up to $500.

Once concern about the proposed legislation is the 24 hour notification period. According to Fayette County Coroner Gary Ginn, the proposed 24 hour notification period could be too long. Ginn noted that a body could be at a mortuary and already embalmed if a nursing home facility were to wait the full 24 hours before notifying proper authorities of a death.

The Terry Law Firm looks forward to watching the progression of the proposed bill before the 2011 Kentucky General Assembly.

A Kansas nurse accused of tampering with drugs at a Kansas nursing home wants a plea deal.

Deborah J. Riggs, 55, has had a previous drug conviction and has had her nursing license suspended twice after allegations of stealing controlled substances. In this instance, Riggs is accused of diluting morphine solutions which were intended for five residents of Halstead Health and Rehabilitation Center and faces a 10-count indictment for tampering with a consumer product and adulteration of drugs.

Riggs is scheduled for a change-of-plea hearing on December 13, 2010 in U.S. District Court.