Nursing Home Abuse Lawyer Blog

My personal experience as a Missouri Nursing Home Lawyer is that far too many nursing home residents are overmedicated by those responsible for providing quality care. In my job I often meet with residents and their families in nursing homes. On some of those occasions, the residents simply could not wake up. Their eyes fluttered as though they were struggling to wake up and participate in the conversation happening around them. Sadly, the government has determined that my experience is not unique.

The U.S. Department of Health and Senior Services recently prepared a report entitled Medicare Atypical Antipsychotic Drug Claims For Elderly Nursing Home Residents that found that too many nursing home institutions failed to comply with regulations designed to prevent overmedication. It is well known that prescribing antipsychotic medication to elderly residents with dementia is potentially lethal, yet 88% of these individuals receive such prescriptions.

Family members must make certain that they know what medications their loved one is receiving. They must educate themselves on the medications and the proper dosages. They must regularly ask questions of the caregivers and insist upon answers. Family members must know what the possible side effects are and should closely monitor their loved one for any signs of side effects.

Why would a nursing home overmedicate a resident? First, to be fair to the nursing home industry, many times the overmedication is completely unintentional. Elderly residents are more much more susceptible to overmedication than are younger people. The second reason is an indictment of the nursing home industry. Overmedicated residents do complain and are, therefore, easier to care for with a reduced staff. Residents who ask to be taken to the restroom, or who need more water or need help walking down the hallway often require assistance from staff members. When a nursing home operates on reduced staff (as most nursing homes do) drugged residents are easier to manage than those who are alert and active.

If you are concerned about the care your loved one is receiving in a nursing home, call our St. Louis personal injury lawyer David Terry for a free consultation at 1-888-317-2525.

A California class action lawsuit seeks to shed light on the lack of care given to nursing home residents by Golden Living Centers in California. The primary allegation is that Golden Living Centers systematically refused to follow the state mandated staffing regulations that require 3.2 hours of nursing care per patient per day. Rather, according to the allegations, Golden Living Centers staffed it's facilities at a lower per patient day amount resulting in neglected and injured residents.

Even though this is a California case, it has significant implications in Missouri as well. As a nursing home abuse lawyer I have handled several cases against Golden Living nursing homes and have seen first hand the lack of care that happens in these facilities. If the California case is successful, every single Golden Living facility will be under pressure to improve their staff to patient ratio, even in states like Missouri where there is no minimum staffing requirement.

Staffing is a key component in the care received by nursing home residents. I am regularly amazed at how many nursing homes refuse to admit that their staffing levels have a direct correlation to the number of injuries suffered by their residents. It doesn't take a rocket scientist to know that one CNA cannot provide adequate care for ten nursing home patients each of whom requires a substantial level of care.

Let's take a closer look at Missouri Golden Living Centers and how they compare with state and national averages with respect to staffing: According to statistics provided by Medicare, the national average for CNA care for nursing home residents is 2 hours and 24 minutes per patient per day. For Missouri nursing homes, that average is 2 hours and 30 minutes per patient per day. A review of some of the Golden Living Centers in Missouri shows few, if any, meet either the national or Missouri averages. Here is the staffing information for six Golden Living facilities in Missouri:

Golden Living Center - Bloomfield: 2 hours and 5 minutes of CNA care per patient per day.
Golden Living Center - Branson: 1 hour and 49 minutes of CNA care per patient per day.
Golden Living Center - Dexter: 2 hours and 23 minutes of CNA care per patient per day.
Golden Living Center - Pin Oaks: 1 hour and 50 minutes of CNA care per patient per day.
Golden Living Center - Westwood: 1 hour and 47 minutes of CNA care per patient per day.
Golden Living Center - Independence: 2 hours and 13 minutes of CNA care per patient per day.

Continue reading "Golden Living Centers Faces Class Action Lawsuit" »

We discussed the Convalescent Center and the tragic strangulation death of one of its residents at the hands of a facility employee in a previous blog.

According to a recent report issued by the California Department of Public Health, San Francisco Nursing Center, formerly known as Convalescent Center Mission Street, was assessed a "AA" citation, the most severe penalty available under California law, for failing to protect a resident from physical abuse by a member of the facility's staff and fined $100,000 after a March 2010 incident that led to the death of an elderly resident.

Reportedly, on March 22, 2010, Maximo Hong Fajardo, Jr., a newly hired CNA with no previous nursing home experience, was found holding a pillow over an 87-year-old resident's face, which led to her death. According to the recently released report, the Director of Nursing ignored warnings from facility nurses on the day of the incident that Fajardo was behaving strangely and the Administrator, Director of Nursing, and two experienced nurses "neglected to monitor, supervise, and evaluate" Fajardo and "failed to provide [the resident] the right to be free from deadly assault". Fajardo is currently in jail awaiting trial.

This is a tragic incident that should never have happened. Facility administrative staff should have thoroughly reviewed the background of Maxmio Fajardo before ever allowing him to come into contact with, much less care for, vulnerable elderly residents. According to the report issued by the California Department of Public Health, Fajardo was hired on March 9, 2010 and March 22, 2010 was his first day of work. Reportedly, on his first day of work, Fajardo, who had no experience in caring for vulnerable nursing home residents, was assigned to care for seven residents. According to the Director of Nursing, despite his lack of experience and training, "she thought he was ready for this assignment". We believe, this callous lack of due diligence and supervision on behalf of facility staff directly contributed to the resident's untimely death.

Far too often, nursing home companies hire people who are completely unqualified to care for our loved ones or fail to properly train their employees. It is not rocket science to know that a poorly trained or an unqualified individual could cause great harm to vulnerable elderly adults.

If you believe your loved one has been a victim of nursing home abuse or nursing home neglect, call our Illinois nursing home abuse lawyer at 1-888-317-2525 for a free consultation.

A California assisted-living aide was arrested on March 17, 2011, after he reportedly beat a disabled resident in his care.

Felix Bathan, an employee of Rose Villa Care Center, reportedly hit a blind, semi-paralyzed resident on his arm, leaving bruises.

According to the facility Administrator, Maribel Yap, Bathan was terminated from his employment. He is being held on $30,000 bond in the Tuolumne County Jail.

Although not aware of the specifics of this case, the Terry Law Firm is experienced in handling cases of physical abuse in nursing homes. If you suspect your loved one may be experiencing abuse or neglect at the hands of facility employees, contact Missouri Nursing Home Neglect Attorney David Terry for a free no-obligation consultation at 1-888-317-2525.

According to the California Department of Public Health, Goldstar Rehabilitation and Nursing Center reportedly disregarded a doctor's orders, causing a resident to choke.

The facility was slapped with a $100,000 fine on February 16, 2011 with respect to the April 2009 incident involving a 60-year-old man suffering from multiple sclerosis and thyroid problems. The resident, who had lost most of his teeth and had difficulty chewing, was ordered a special diet of only soft foods. However, on the night of the choking incident, the man was served pork chops at a special candlelit dinner thrown by the facility. The man reportedly choked on the pork chop and was unconscious for approximately 10-15 minutes before he was resuscitated.

The man was transferred to an acute-care facility, where he died approximately one week later.

While the Terry Law Firm was not involved in this incident, we can attest to the importance of staff knowing the content of resident where Care Plans, as well as the location of the Car Plans. I am regularly amazed at how many nurses I depose admit to rarely, if ever, reviewing a resident's Care Plan. Care Plans are supposed to be created within seven days of a resident's admission and contain pertinent information about the resident's abilities, illnesses, and special needs. In this instance, it appears that facility staff may not have known where to locate information about this specific resident's needs. Unfortunately, that lack of knowledge directly contributed to his death.

The Terry Law Firm has represented residents and their families in cases involving nursing home abuse and neglect for over fifteen years. If you suspect that your loved one may be suffering abuse or neglect while a resident of a nursing home facility, contact Illinois Nursing Home Neglect Attorney David Terry toll-free at 1-800-317-2525 for a free no-obligation consultation.

Three California nursing home aides face charges after a "sexual misconduct allegation alert" tipped off the Bureau of Medi-Cal Fraud and Elder Abuse as to problems at a nursing home facility.

In January 2011, acting on a tip, agents from the California Department of Justice arrested Arnold Samson, a CNA, and charged him with elder abuse and battery against a resident of a skilled nursing home. Reportedly, a fellow employee at Idylwood Care Center saw Samson grab the testicles of a male resident and making crude comments. The tipster reported that the same resident had complained in the past about his genitals being grabbed. Samson has since been fired from the facility.

In follow-up interviews, agents determined that Samson had been seen by other employees grabbing and pulling on the resident's genitals and threatening to touch him. The information led to the arrests of Ryan Tan and Richardo Martinez for reportedly having knowledge of the abuse and failing to report it. Tan allegedly admitted in an interview that he had seen Samson grabbing the man's genitals while he was sleeping just "to get a rise out of him". Both Tan and Martinez are also no longer employed at the facility.

There is a difference between abuse and neglect. This case is clearly a case of sexual and physical abuse. Actively and purposely harming a nursing home resident is abusive and criminal.

Although not handling this case, the Terry has handled cases involving sexual abuse of nursing home residents in the past. If you suspect that your loved one is suffering abuse at the hands of a nursing home caretaker, contact Missouri Nursing Home Abuse Attorney David Terr toll-free for a FREE no obligation consultation at 888-317-2525 or 314-878-9797.

Ninety-three year old Donald Bodkin was admitted to Victoria Healthcare and Rehabilitation Center, a California nursing home facility, in August 2010 to recover from hip surgery. Sadly, Donald Bodkin never left the facility.

Reportedly, shortly into his 30 day stay, Donald Bodkin developed a painful distended abdomen, loss of appetite, and low urine output, all of which was documented by facility staff. Bodkin's family was told that he was in pain and was lethargic by an occupational therapist, but no one contacted his physician. Five days after his symptoms appeared, Donald Bodkin was found without a pulse. He died on September 13.

An autopsy revealed that Bodkin died of a ruptured ulcer in his small intestine that led to an infection in his bloodstream. It was estimated that the rupture occurred a three to seven days before he died. His death was described as "untimely".

A state investigation into Bodkin's death led to the discovery that the facility failed to properly assess Bodkin's condition and failed to notify his physician once life-threatening symptoms appeared. The facility was fined $75,000 for the violations. Rather than acknowledge the error and live with the consequences, the nursing home has chosen to appeal the fine.

Families trust that nursing home employees will carefully monitor their loved ones for any symptoms of illness. So, what should you do if your are told your family member is in pain? Here are some ideas to keep in mind:

1. Don't rely on the nursing home to call a physician or provide proper treatment. You must always make sure they do what thye are supposed to do. In short, trust but verify.

2. Make sure your loved one is seen by a doctor and gets the treatment needed. Request copies of the lab reports, doctor's notes, etc.

3. Ask your loved one how they are feeling.

4. Know the doctor's orders and watch to make sure they are being followed.

5. Visit often.

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.

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.

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.

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 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.

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.

Eskaton Care Center Manzanita was recently penalized with a $100,000 fine in a 2008 resident death.

The Class AA fine, which is the most severe under California state law, arose from a 2008 injury and death of a 60 year-old long-term resident. The woman, who suffered from an inherited muscular disorder, fell from a lifting device while staff moved her from her wheelchair to her bed. She died four days later from a head injury. According to the state investigative report, the facility could not produce any evidence that the lifting device had been maintained or checked for safety. The lifting sling, which tore during the transfer, appeared to be worn "with what appeared to be bleached out blood stains at the center".

The facility can appeal the fine but the nursing home Chief Operating Officer, Trevor Hammond, is unsure if they will do so. According to Hammond, "We're mortified. We had a tragedy when a piece of equipment failed. It was a catastrophe."

Marlene Delp

Muliple defenseless nursing home residents were left to suffer in pain after a nurse caring for them reportedly stole their pain medications.

Marlene Delp was arrested and charged in August 2010 on suspicion of stealing medications from almost twenty residents of The Terraces of Roseville, a California nursing home facility. The owner of The Terraces at Roseville suspected that Delp was stealing resident medications and alerted local police, who began an investigation.

Police searched the apartment in which Delp resided at The Terraces and found a variety of medication prescribed to 28 different people, 19 of whom were facility residents. Reportedly, she was replacing the residents' painkillers with over-the-counter medications.

She has been released from jail and a restraining order forbids her from working at the facility.

A California man will spend three years behind bars for admittedly raping a defenseless 76 year-old resident on multiple occasions.

Fifty-four year old Felix Panem plead guilty to rape of an incoherent patient and elder abuse in June 2010. He was arrested in December 2009 after he was caught having sex with his victim by another employee of the El Dorado Care Center.

According to Officer David Vojtaskovic, "He told me that he came in (to her room) and cleaned her up. He changed her and had sexual intercourse with her." Panem admitted to having sex with the resident in May and November 2009. His victim described Panem as a friend but didn't recall seeing him that day and denied having sex with him.

Sexual abuse is a growing problem at nursing homes. Every day more elderly residents are subjected to sexual attacks by employees and other residents. For a nursing home abuse attorney who has had experience in handling cases of sexual assault, contact the Terry Law Firm at (888) 317-2525.

Barbara Lefforge

Barbara Lefforge was at St. Edna Subacute & Rehabilitation Center in Santa Ana, California a mere 5 1/2 hours when she was accidentally overdosed on morphine.

Lefforge went to St. Edna on September 17, 2007 after a tendon repair surgery. Her podiatrist prescribed 50 mg of morphine for pain instead of 50 mg of Demerol. According to her attorney, the medication error should have been noted by facility staff. Reportedly, the pharmacist warned that the prescribed dosage was too high. Nurses at the facility were unable to administer the full dose, so 30 mg was obtained from an office emergency kit and administered. Lefforge suffered an overdose, but no one monitored her or took her to the hospital. By the time Lefforge reached a hospital, she was barely breathing and had already suffered a brain injury.

A jury deliberated for two days before returning a unanimous verdict that St. Edna was 90% responsible for the damages fifty-seven year old Lefforge suffered and her physician, Wesley Kobayashi, was responsible for 10%. She was awarded $2 million for pain and suffering and $1.1 for medical costs. Punitive damages were also awarded and a hearing on those damages is set for August 24, 2010.

St. Edna Subacute & Rehabilitation Center is one of 25 California Covenant Care facilities.

Pilgrim Haven, a northern California nursing home, has been fined $100,000 in the death of one of its residents. The eighty-five year old man sustained a severe head injury in a December 2009 fall and died the following day.

Reportedly, on December 7, 2009, the elderly man was found on the floor of his room where he had fallen. Although he denied hitting his head, the man was given a neurological exam that appeared normal. Later, when he turned pale and began vomiting, facility staff failed to assess him for head injuries and did not notify his physician for approximately two hours because there was no registered nurse on duty that evening.

The man was transferred to a local hospital, where he died the next morning. CT scan results found that the man suffered bleeding in the brain.

Frankly, the nursing home employees appear to have failed "head injury symptoms 101" in their response. Any time someone suffers a head injury, there are certain symptoms to watch for. If you notice any of these symptoms, call for help:

- Nausea that won't go away
- Vomiting
- Worsening headaches
- Change in behavior
- Weakness or numbness in legs or arms
- Increasing paleness
- Seizures

The nursing home employees at Pilgrim Haven should have recognized these obvious signs of head injury and contacted a physician or had the resident transferred to a local hospital for treatment.

Six former employees of Valley View Skilled Nursing facility were arrested last week and charged with one misdemeanor count of causing injury to an elder or dependent adult, battery committed on an elder or dependent adult, conspiracy, and battery committed while on hospital property for their roles in a vicious "prank".

The employees reportedly coated seven dementia residents at the facility from head to toe with ointment so that they would be "slippery" for employees on another shift. Four of the former employees applied the ointment and two failed to report the abuse.

Since the incident, the facility's executive director has been replaced.

Sadly, we hear about nursing home residents being the object of pranks, assaults and neglect far too often. We work hard at making a difference in cases of Missouri and Illinois nursing home abuse and neglect. There is no room for this kind of disrespect in nursing homes.

A California nursing home operator has been hit with a $671 million verdict in a class-action lawsuit filed in Humboldt County Superior Court.

A jury imposed maximum damages against Skilled Healthcare in a class-action lawsuit on Wednesday, July 7, 2010. The lawsuit alleged that the company violated a California statute that requires a minimum of 3.2 nursing hours per resident per day from 2003 to 2009. The alleged negligence affected approximately 32,000 residents at 22 facilities statewide.

In response to the lawsuit, the jury awarded $613 million for statutory damages and $58 million in restitution. Next week, the jury will decide whether to impose punitive damages on the company. Judge Bruce Watson will also rule whether the court will impose an injunction against the company to require it to maintain the required staffing levels.