November 20, 2008

Alzheimer's Patient Killed by Train

George King, Sr. was a resident of Heartland of Charleston Nursing Home in Charleston, West Virginia. Mr. King, 73, as an Alzheimer's patient suffering from dementia and required assistance daily. He was reported missing on October 25, 2008. Police found his body on October 26, 2008 near train tracks. He had been hit and killed by a CSX train.

His family has filed a wrongful death lawsuit alleging that Heartland of Charleston failed to properly monitor Mr. King. The suit alleges that "George King Sr. could not care for himself or be allowed to walk outside the facility and the staff of the facility at Heartland of Charleston was aware of this fact". The suit also alleges that facility workers failed to follow protocols for missing residents, failed to adequately supervise Mr. King, searched for him in the wrong area (because he was confused with another resident who had left the facility on a prior date), and and failed to utilize all available resources to locate him.

November 19, 2008

Oklahoma Nursing Home Cited After Resident Assault

Whispering Pines Nursing Center has been in the public eye lately. You might recall that we previously blogged about this facility when resident Carol Crow was assaulted. On July 11, 2008, Carol Crow was found with two black eyes and covered with bruises on her face, neck, and shoulders. Nursing home staff told Mrs. Crow's family that she had fallen in her room, but Mrs. Crow told her family an entirely different story. Mrs. Crow reported that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her.

The facility reported the incident to DHS, but officials from the Long Term Care Investigations Unit did not open an investigation. A complaint about the assault triggered an investigation by officials from the Oklahoma Health Department. The investigation revealed sixteen serious deficiencies, two of which were failing to fully investigate abuse allegations and endangering patients' health.

The Health Department is recommending that the facility not be allowed to accept any new Medicare and Medicaid patients until the deficiencies are corrected. If the facility is not in compliance within six months, Medicare and Medicaid payments could be halted. Federal regulators are being asked to fine the facility $3,000 per day until the deficiencies are corrected.

The new Administrator of Whispering Pines, Sue Horton, has only been on the job for three weeks and has yet to read the 370 page report about these serious deficiencies.

November 19, 2008

Substandard Care at New York Facility Results in Amputation

Ruby Meyers, 93, became a resident of Blossom South Nursing Home and Rehabilitation in 2005, when she fractured her right leg and was placed in a leg brace. Pressure sores developed under the leg brace that were not properly treated by the facility and became infected. Ruby Myers' leg was amputated in December 2007.

Ms. Myers died on November 15, 2008 at Protestant Episcopal Church Home. Her family has filed a lawsuit against Blossom South alleging improper treatment of the fracture. Now, wrongful death is being considered as an addition to the lawsuit.

Blossom South Nursing Home and Rehabilitation, located in Rochester, New York, has a long record of penalties for violating patient care standards. In this instance, they were hit with a $2,000 fine - the maximum amount the health department can levy against the facility for each violation of state and federal regulations. The facility was also penalized for an April 2008 inspection in which it was determined that the facility had not corrected previously identified problems. The facility has been cut off from new Medicare and Medicaid admissions until all identified problems are rectified, the staff undergoes retraining, and the administrators file a plan of correction. The state has also recommended that the federal government levy heavier fines against the facility.

November 18, 2008

Illinois Nursing Home Owner Pleads Guilty to Neglect

On September 11, 2002, at patient from Pavilion of Forest Park was transported via ambulance to the emergency room, where hospital staff discovered a large area of decubitus ulcers. The patient, Shirley Massey, 48, subsequently died from her wounds.

In September 2005, a Cook County Grand Jury indicted companies, Forest Park, L.L.C. and Care Centers, Inc., doing business as The Pavilion of Forest Park and Jason Garti, the facility's former medical director and wound care doctor with multiple charges of gross neglect that led to Ms. Massey's death.

On November 18, 2008, the corporate owner of the nursing home plead guilty to the charges and was ordered to pay a $25,000 fine and $75,000 in investigation and court costs.

The nursing home was sold to another company in July 2007.

November 18, 2008

Wisconsin Nursing Home Worker Charged Sexual Assault Charges

Kurt Johnson, 49, faces three counts of second-degree sexual assault for fondling three patients. Johnson worked at Golden Living Center - Wisconsin Dells as a nursing home worker. In 2007, three co-workers reported seeing him fondle three patients' breasts between September and December 2007. Two of the assaulted patients were patients in the Alzheimer's unit.

Johnson faces up to 120 years in prison and a $300,000 fine.

November 17, 2008

Ohio Nursing Home Residents in "Immediate Jeopardy"

Liberty Nursing Center in Toledo, Ohio was cited in an April 2008 state report as placing its residents in an "immediate jeopardy" situation.

Ralph Kasczmerak was a resident of Liberty Nursing Center for two years following a stroke. He went there for rehab but says he "spent two years of hell dealing with Liberty Nursing Center". Every time he asked for something, the staff made him feel as though he was creating problems for them. Worse yet, when an employee stole his pain medication. The facility had hired an employee knowing he had lost his nursing license and instead of investigating where the missing medication had gone, the facility chose to blame their resident. Kasczmerak was accused of selling his own pain medication!

Worse things were discovered in an inspection. Residents with mental illnesses were allowed to beat, bite, and push on each other, as well as other residents. The facility never reported this abuse to the State.

When the facility Administrator Carla Brumby was questioned why she allowed the abuse to go on, she said that her staff minimized the injuries appropriately. She also defended her decision to hire an individual whose nursing license had been revoked by stating, "I try not to judge people based on their past. I try to look to the future."

November 16, 2008

Iowa Nursing Home Hit With Massive Fine

Friendship Manor, a nursing home facility in Grinnell, Iowa, was hit recently with one of the largest fines ever imposed against an Iowa nursing home - $112,650.00. The history of events leading up to the levy of the fine is tragic.

Ruth Louden was an active 89 year old woman, who lived alone in an apartment in Grinnell, Iowa. She still drove herself and had recently returned from a trip to California, where she traveled by herself to visit with her daughter. Unfortunately, on February 16, 2008, she fell at home, injuring her left ankle. The injury? A minor bone fracture. While any injury would be serious for a woman of her age, Ruth's injury was relatively minor and did not even require a cast. Instead, doctors put her leg in a medical stocking and a brace and sent her to Friendship manor for short-term therapy. Friendship Manor was where things began going wrong.

The staff at Friendship Manor had written orders to monitor the circulation in Ruth's leg and to check her skin every shift for signs of redness or swelling. Ruth complained to facility staff of "horrible" and "excruciating" pain for the next four weeks. The staff provided Ruth with pain medication but never pulled back her stocking to examine her leg and never evaluated the cause of the pain.

On March 20 - a month after Ruth's fall - a physical therapy aide noticed that Ruth's leg smelled like "rotting meat". Blood was seeping through the stocking. Ruth was taken to the hospital and physicians there found that the wound dressing that had been put on a month earlier looked like it had never been touched. Ruth was diagnosed with gangrene and doctors wanted to amputate her leg. It was her leg or her life. Ruth's leg was amputated below her knee, however, she died on June 24, 2008.

Iowa's Department of Inspections and Appeals investigated and found that during Ruth's stay at Friendship Manor - 25 days - no one ever removed her stocking to check her leg and no physician ever examined her. Sadly, Ruth's doctors told state inspectors that Ruth's bone fracture was nearly "nonexistent" and that her amputation was avoidable. The owners of the facility were fined $4,050 for each day of Ruth's stay at the facility and, due to other problems, a $150 per day fine was imposed for 76 days that the facility failed to correct identified problems.

Friendship Manor is no stranger to serious problems. In May 2007, the facility lost its Medicaid funding and it was fined $2,500 after a resident was injured in a fall. In February 2008, the facility was slapped with a $350 fine for failing to provide rehabilitation services to residents due to short staffing.

Friendship Manor is owned and managed by two for-profit South Dakota companies. Their president is Tim Boyle. Boyle, a real estate developer, has appealed the fine arguing that the facility was under doctors' orders to keep the stocking on Ms. Louden's leg. Doctors informed state inspectors that facility staff would be expected to understand that temporary removal of the stocking would be necessary to examine the leg.

Interestingly, Boyle is the board president of The Iowa Healthcare Association and is using his position to tell legislators that the Iowa Department of Inspections and Appeals is "too aggressive in its enforcement of health and safety regulations". He has prepared written presentations for legislators and using his position as board president, is stating that the "inspections department is flogging nursing homes and blocking seniors' access to health care, in part by imposing huge fines against the owners and prohibiting new admissions until care problems are addressed". The executive director of The Iowa Healthcare Association, Steve Ackerson, is using the incident involving Friendship Manor as part of the pitch to Iowa legislators - while omitting Friendship Manor's alleged negligence that triggered the record-breaking fine.

Friendship Manor is claiming financial hardship stating that "this fine threatens the existence of the facility", but has failed to provide any financial information to back up that claim.

November 15, 2008

Allegations of Abuse and Neglect at Florida Convalescent Center

Key West Convalescent Center faces possible closure after recent investigations from the Department of Health and Human Services and the Florida Agency for Health Care Administration (AHCA) resulted in Medicare and Medicaid pulling the facility's funding, effective December 11, 2008.

The investigative team had nine inspectors from Tallahassee, Miami, and Fort Myers. One incident of abuse involved a 39 year old HIV patient, who reported to surveyors that he had been hurt by two nursing assistants while being washed. The AHCA representatives reviewed the incident, confirmed that it represented abuse, and noted that the incident was improperly documented. The report read "this system failure jeopardized all the residents in the facility." The patient's condition is such that he is provided morphine twice a day and Lortab as needed. Both are very strong painkillers. The facility Administrator, Mark Hunter, said the patient had several large, open sores on his body and was covered with fecal matter. "You've got to keep them clean. That's a fine line between abuse and neglect..."

Mark Hunter, the facility Administrator, said of the investigation, "It sure felt like they were down here to shut us down. They were pretty much on an agenda." He said, "The only hope that we have right now is to hand this building to another operator."

The facility closure will affect 80 residents, most of whom are life long residents of Key West, Florida. The nearest convalescent center is twenty miles away on Plantation Key and only has approximately 20 beds available.

November 13, 2008

Oklahoma Working Toward Changing Nursing Home Abuse Reporting Practices - UPDATE

We discussed Oklahoma's abuse reporting requirements in a previous blog.

Wes Bledsoe and A Perfect Cause have been working to increase accountability at state-regulated nursing homes. It seems that Oklahoma is listening.

As of July 2008, the Oklahoma Health Department requires that nursing home employees call law enforcement if any criminal activity is suspected. The new requirements will make sure that abuse is documented and those committing criminal acts will be held responsible.

Henry Hartsell of Oklahoma Protective Health Services says, "It is a self-reporting requirement...but there's a facility license that's potentially at jeopardy if the facility fails to report as required." Doctors, nurses, and other licensed workers are also at risk for having their licenses suspended or revoked for failure to report.

November 12, 2008

New York Nursing Home Fined in Nun's Death - UPDATE

We discussed the tragic accident that ended Sister Mary Murray's life in a previous blog. On August 31, 2008, Sister Mary was found in her room "conscious but bleeding profusely from her forehead, face, and left eye" after an unbolted closet had fallen on her head. The wardrobe was still on top of her. The nun, who suffered from dementia and heart disease, was taken to Good Samaritan Hospital and then transferred to Westchester Medical Center, where she died.

Sister Mary's family was led to believe that it was a horrible accident until an Eyewitness News investigation revealed the cover up of previous accidents involving the closets. Two other individuals were previously injured in two separate incidents after the closets fell off the wall due to the facility's negligence in failing to bolt the facility's 300 closets to the wall. These incidents were not reported to the health department and Sister Mary's family was not told of the them. Ironically, after other individuals were injured, still no one bolted the closets to the wall. Daniel Murray, Sister Mary's guardian, said, "It went beyond negligence. It was more of a callous disregard of the safety of the most vulnerable among us, the elderly and the infirmed."

No one at Summit Park has been disciplined, although the State Department of Health fined the facility $17,000 due to "immediate jeopardy to resident health and safety". When Eyewitness News Investigator asked the Administrator of Summit Park Nursing Home why it took the death of Sister Mary to get the closets bolted down, the Administrator refused to answer.

The Rockland County District Attorney's Office has handed the case over to the attorney general for review.

November 11, 2008

Mold Growth at Iowa Nursing Home Facility the Last Straw?

Nelson Nursing Home in Fairfield, Iowa was a thirty-three year veteran in the nursing home industry. The facility closed recently and has relocated its forty-four residents.

In August 2008, an inspection of the facility revealed that many of the facility's window air conditioning units in the residents' rooms did not work. In fact, the inspection found that air conditioners in sixteen of the thirty-two rooms showed "significant and visible mold growth". The home had broken toilets, the units were dirty and poorly maintained, and there was evidence of "mold spores everywhere". Employees were also being paid approximately two weeks behind. A physician provided the State of Iowa with a written statement in which he said it was "appropriate" that the residents be placed elsewhere.

The facility faced a $5,000 state fine due to the mold problem.

The facility also faced significant problems in 2007. It was fined $11,500 for a series of alleged incidents involving inadequate care and/or supervision for a resident's broken arm, a second resident's broken ankle, a serious head injury sustained by a third resident, and a hip fracture sustained by a fourth resident.

November 10, 2008

Wisconsin Nursing Home Worker Charged with Abuse

Eric Larrabee, a former nursing home worker at Skaalen Sunset Home in Stoughton, Wisconsin, was charged with patient abuse on November 10, 2008. Larrabee is accused of slapping an 85 year old hospice patient only ten days before she died on February 20, 2008 at Skaalen Sunset Home. Allegedly, another worker at the facility heard Larrabee yell at the woman to be quiet before seeing him slap her with his open hand. Larrabee admitted that he struck the resident due to frustration but maintains that he only tapped her face.

Larrabee is due in court on November 24, 2008.

November 9, 2008

Why are U.S. Nursing Homes Eligible for Bonuses Despite Violations?

Why are U.S. nursing homes eligible for bonuses despite violations? Thirty-six states have eighty-one bonus programs for quality-of-care. These bonuses are taxpayer funded and are approved by the Centers for Medicare and Medicaid Services - the same watchdog that investigates and cites facilities for federal and state regulation violations. Interestingly, a nursing home facility can receive these bonuses despite receiving violations for health and safety standards.

The Des Moines Register reviewed eight bonus programs in seven states. These states do not disqualify a facility from receiving a bonus that is directly related to quality of care if it has received violations for state or federal regulations. A prime example is Grace Living Center in Norman, Oklahoma. This facility received nearly $96,000 in bonuses in the past year and apparently is considered a "five-star" nursing home by the State of Oklahoma. Ironically, federal records show that the facility has been cited for more violations than is the state and national average. Additionally, Medicare ranks the facility as below average on eleven of the nineteen national quality measures. A Eufaula, Oklahoma nursing home scored zero on a scale of one to five for compliance with federal and state regulations, but Oklahoma's Focus on Excellence program awarded the owners with a $50,000 bonus after the program gave the facility "three stars".

The Register also reported that sixteeen of twenty-three Iowa facilities that received major fines last year qualified for bonuses from Iowa's Medicare-Medicaid program. Two of the facilities were on the federal list of the nation's worst nursing homes and a third facility had been threatened with loss of license for substandard care. Iowa officials have since begun revising the program. Today, homes that have caused "actual harm" to residents are to receive smaller bonuses and homes that have put residents in "immediate jeopardy" of death or injury are ineligible for bonuses.

The Iowa Department of Human Services tried to do away with the bonus program last year. They felt that the state should not pay nursing homes additional funds to do what is expected of them. The bonuses will continue at least through June 2009.

The Centers for Medicare and Medicaid said that the law does not require that Medicaid-funded bonuses be linked to quality of care and therefore, the agency cannot require it.

November 5, 2008

Collusion to Cover Up? Tennessee Nursing Home Accused of Wrongdoing In Suspicious Death

A string of errors led to the filing of a lawsuit on October 31, 2008 against the Health Center at Standifer Place in the tragic death of Robert Young. That suit seeks damages for wrongful death, mental anguish, and pain and suffering. A similar lawsuit was filed on November 3, 2008 against the Tennessee Department of Human Services and social worker Vickey Frierson, the individual handling Mr. Young's case for the "negligence" shown by the Department after Mr. Young's death

Robert A. Young, a 33 year old man suffering from cerebral palsy, was a resident at the Health Center at Standifer Place, a Chattanooga, Tennessee nursing home. He was believed to have suffered a seizure and fell, fracturing his skull. He was taken to Erlanger Hospital and died a week later on November 12, 2007. Due to the explanation of how Mr. Young's injuries were sustained, the Hamilton County Medical Examiner's Office did not perform an autopsy. Erlanger Hospital repeatedly tried to locate Mr. Young's family through Adult Protective Services, but Adult Protective Services failed to respond. Instead, the agency made arrangements for Mr. Young's burial in a pauper's grave in Ruth Cofer Cemetery.

Mr. Young's family, completely unaware of his injury and subsequent death, was not told of his death for more than a month. Each time someone called the facility to check on him, "Standifer Place told each person, on each call, that Mr. Young was OK, and to come see him". When family members finally found out about Mr. Young's death, they began pushing for answers. Allegedly, Vickey Frierson, Mr. Young's caseworker, callously asked, "What do you want me to do about it?"

The family continued to press for answers and asked Dr. Frank King to review Mr. Young's medical records. Dr. King recommended exhumation of the body after he could not find any documentation of seizure or any other incident that would have led to the skull fracture contained in those records. The court-ordered exhumation of Mr. Young's body occurred in May 2008 and the Medical Examiner determined that Mr. Young died of "blunt force trauma" to the head. A homicide investigation into Mr. Young's injuries and the circumstances surrounding the incident is ongoing.

November 4, 2008

Missouri Nursing Home Cited in Resident Death

Christian Health Care: Springfield East has been cited with Missouri's most severe noncompliance citation after an investigation into the February 17 death of a resident revealed glaring deficiencies in the care of the deceased resident, as well as other residents.

The deceased resident bgan vomiting a dark foul-smelling substance during the night on February 16, 2008 and continued to be sick through the night. The resident complained of being sick and asked to be transferred from the bed to a wheelchair. At first, the resident's requests were denied, but eventually the resident was assisted into a sitting position in bed. After that, "the resident began to make gurgling sounds as if his/her lungs were filled with fluid". The resident died shortly after 7:00 a.m. on February 17, 2008.

The facility failed to notify the on call physician of the situation and a doctor at the facility who was not on call that weeked said "he would expect staff to notify him if a resident had dark, foul smelling (vomit)". Christian Health Care was also cited for failing to adequately report changes in vital signs and failing "to provide appropriate nursing interventions to address the change in condition" of the deceased resident.

Other deficiencies cited were giving inconsistent insulin dosage to one patient and failing to obtain a urinalysis on a patient who might have had a urinary tract infection.

The facility's ability to receive Medicaid and Medicare payments was revoked in March 2008 and the facility had 23 days to fix serious deficiencies. The facility came into compliance and sanctions were removed on April 15, 2008.

To learn more about what you can do to combat nursing home abuse and neglect, visit our website at www.nursinghomejustice.com .

November 3, 2008

Extendicare Faces Second Class Action Lawsuit

We had discussed the class action lawsuit filed in Seattle, Washington on our previous blog. Now, a second class action lawsuit has been filed, this time in Minnesota involving eight Extendicare homes.

Laura Bernstein lives at the Texas Terrace Nursing Home in St. Louis Park, Minnesota. She filed a federal lawsuit on Thursday, October 30, 2008 against Extendicare alleging consumer fraud. The suit represents at least 1,400 residents in the eight Extendicare homes involved. Ms. Bernstein says that Extendicare promises more than it delivers, resulting in poor resident care and hundreds of rule violations, all while the corporations involved in the nursing home continue to earn money. State inspectors have cited the involved homes for 218 violations in the past two years, which is far above the state average of ten per year. The suite alleges that Extendicare lured clients with promises of care it could not provide and that Extendicare sought out "high-need" residents in order to increase profit. Generally, nursing homes are paid more for residents with greater medical needs.

The Minnesota class-action suit seeks restitution of approximately 40% of private pay fees, a change in Extendicare policies, and a court-appointed monitor to ensure Extendicare complies.

Amy Wiffler, the Director of Operations for Extendicare in Minnesota said, "I'm in these sites every day and I know first-hand the good things we're doing for residents in those buildings."

November 2, 2008

Missouri Nursing Homes Under Government Scrutiny

Rehabilitation Center of Independence in Independence, Missouri and Two Rivers Psychiatric Hospital in Kansas City, Missouri have both obtained temporary restraining orders after the State of Missouri found significant deficiencies at both facilities and recommended that Medicare and Medicaid funding be terminated at both facilities until they are in compliance with state and federal regulations.

The Rehabilitation Center indicated that the majority of its citations were related to paperwork and one had to do with giving medication to a resident. Concerning the medication issue, the facility spokeswoman said, "Regarding this particular issue, we believe that the medication was appropriately administered, but that there is a respectful and legitimate difference in the interpretation of the nursing notes documenting the administration of the medication". Of the facility's 86 residents, there are only 14 private pay residents. Many residents have been long-term residents and almost all are confused, suffer from dementia, or have psychiatric disabilities.

The Two Rivers Center was cited for failure to follow policies for patients at high risk for falls and a patient suicide. That case has been sent to mediation and the facility currently remains open.

Julie Brookhart, spokeswoman for the Centers of Medicare and Medicaid, stated that surveyors typically find six or seven deficiencies "every time they go in" to a Missouri nursing home and "if the facility doesn't respond in a certain amount of time, then they are put on the termination track but for the most part, they come into compliance and they are not terminated".