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 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.

After receiving complaints of abuse, the Florida Department of Children and Families and the Florida Agency for Health Care Administration are investigating Clare Bridge home for seniors, a facility that provides care for residents suffering from Alzheimer's disease and dementia. Cape Coral Police are investigating as well.

Reportedly, family members of two male residents went to Cape Coral Police with the abuse allegations. According to one man, his 89 year-old father-in-law had facial bruising. Facility staff explained away the injury as a result of the man falling from a couch. The other man reported that his father said that someone would not let go of his thumb.

The investigations continue.

A Florida assisted living facility was fined $7,500 in a resident poisoning death after striking a deal with Florida's Agency for Health Care Administration.

Ninety-three year old Michael Gruen lived at Homewood Residence at Delray Beach and suffered from advanced Alzheimer's disease. Gruen was found standing over a dishwasher detergent container on December 28, 2009. He apparently got into the kitchen early in the morning that day while staff members were caring for another resident. Gruen could not tell staff members if he had drank the sodium hydroxide solution and staff called paramedics. Gruen died 18 hours later from severe burns to his esophagus.

Despite a state health care warning during a March 2008 inspection that certain areas of the dementia unit were improperly secured and residents could access chemical products and other potentially dangerous items, Holly Botsford, public relations manager for Brookdale Senior Living, says there was no way to anticipate what happened to Michael Gruen. According to Botsford, "the device with the dish detergent in it was in a cabinet under the sink and was attached to the dishwasher. The lines of the device ran directly to the dishwasher. It took much maneuvering and manipulation to get to the fluid, including disconnecting the hoses."

A Florida nursing home employee reportedly used her position at the facility to fleece four elderly female residents.

Janice Lynn Smith was arrested on August 18, 2010 when she reported for work and charged with four counts of exploitation of the elderly for her role in stealing nearly $4,000 from four elderly residents aged 85, 86, 90, and 101. The theft was reported to local police by the Administrator of the Heritage Park Nursing Home.

Smith remains in jail under a $20,000 bond. She has been fired from the facility.

Juanita Jackson

A Florida jury awarded $14 million in damages and $100 million in punitive damages to a Florida family after their mother died after a rehabilitation stay at Integrated Health Services at Auburndale (IHS), a nursing home facility in Auburndale, Florida.

Juanita Jackson entered IHS in March 2003 for rehabilitation. When she was moved from the facility in May 2003, she was suffering from pressure sores and was malnourished and dehydrated. Sadly, she died on July 6, 2003.

Her family filed a lawsuit against Trans Healthcare and Trans Health Management in 2004 alleging that Jackson was injured after a fall, was overmedicated, malnourished, dehydrated, and suffered from pressure sores. The lawsuit alleged that while staff knew that Jackson was a fall risk, no preventative measures were put into place and she suffered her first fall within two weeks of her admission into the facility, sustaining a closed head injury and a fractured arm.

According to Blair Mendes, an attorney representing the family, the companies refused to participate in the lawsuit a few weeks ago after years of litigation. A default judgment was taken against them on July 7, 2010 and jurors were given the task of determining damages. On July 20, 2010, the jury awarded $14 million in damages and $100 million in punitive damages.

Just one year after being warned that it needed to secure areas in its dementa unit to prevent residents from having unsupervised access, a ninety-three year old Florida assisted living resident died from severe burns of the esophagus after drinking sodium hydroxide solution.

Michael Gruen, who suffered from the late stages of Alzheimer's, lived at Homewood Residence at Delray Beach, an assisted living facility in Delray Beach, Florida. Early in the morning on December 28, 2009, Gruen managed to enter a satellite kitchen at the facility through a split door while facility staff were busy with another resident. While one half of the door was locked, Gruen reportedly reached around and unlocked the other half to enter the kitchen. There, he was found standing over the dishwashing detergent container but couldn't tell facility staff if he had swallowed anything. By the time paramedics arrived, Gruen was lying on a couch, drooling. He died eighteen hours later from severe burns to his esophagus.

The question facing this facility is how a resident suffering from dementia could have access to this dangerous product if the area was to be secured and they had already been warned by the state. A Homewood Resident parent company spokeswoman said that there was no way staff could have predicted the events that led to Mr. Gruen's death. Really? People suffering from dementia wander and open doors. People with dementia put things in their mouths that they shouldn't. Sounds predictable to me.

The facility faces a $10,000 state fine related to the incident.

Raquel Bravo

Thirty-five year old Raquel Bravo, a CNA at First Coast Health and Rehabilitation Center in Florida, faces up to five years in prison and a $5,000 fine if convicted of abusing a disabled adult. Reportedly, Bravo was seen hitting a disabled adult three times. She is currently suspended from her position pending the outcome of an investigation into the allegations by the Medicaid Fraud Control Unit.

A shipment of Oxycodone was stolen from Ridgecrest Nursing and Rehabilitation on Sunday, April 4, 2010.

A shipment of thirty tablets of Oxycodone was delivered to the facility on Sunday around 9:00 a.m. An LPN signed for the delivery but became distracted by a situation that needed immediate attention. The LPN, Amanda Whalen, put the medication on a lower shelf in the nursing station until she could properly store them - leaving the painkiller unsecured in an area where housekeeping, nurses, residents, and guests all had access to the drugs.

She forgot about the shipment and when she returned several hours later to properly store them, the tablets were gone. The missing drugs were reported to the police by the nursing supervisor.

According to the Agency for Health Care Administration, it is unclear whether missing drugs would be something they would investigate. According to the News-Journal, the nursing home's inspection reports reveals that the facility was cited twice in 2009 for drug administration as being an issue requiring attention.

The facility is currently under investigation for a February 19, 2010 incident where a seventy-six year old resident died six days after she suffered two broken legs and a broken shoulder in a fall. Those injuries were left untreated for nearly 12 hours. To read more about this incident, see our blog.

Seventy-six year old resident Barbara Fasold allegedly fell out of bed while her sheets were being changed at Ridgecrest Nursing and Rehabilitation, a nursing home located in Deland, Florida. Reportedly, the fall occurred around 5:00 a.m. on February 19, 2010, but no emergency help was summoned until approximately 4:45 p.m. - leaving Ms. Fasold's broken legs and shoulder untreated for nearly 12 hours. Mrs. Fasold died on Thursday, February 25, 2010.

Ridgecrest Nursing and Rehabilitation is not without problems. In 2008, the facility was cited for an excessive rate of high-risk bedsores.

In November 2009, a ninety-three year old resident of Cypress Village nursing home told her son that her Rolex watch had been stolen. Her son provided a detailed description of the watch to the police, who began a search of area pawn shops. The watch was discovered at a local pawn shop and the person pawning the watch had left her fingerprint and signed a proof of ownership form.

Police checked the fingerprint and found that Sharon Bines Kaiser was an employee of Cypress Village and could access the victim's room. After further investigation, police determined that Kaiser had pawned ninety items since March 2009.

Kaiser was arrested and charged with dealing in stolen property, giving verification of ownership on pawned items, and elderly abuse without bodily harm. She faces similar charges in the other thefts.

Cigi Serrevera Snell turned herself into officers at the Jackson County Jail on October 28, 2009 and was promptly charged with one count of abuse of an elderly adult, a third-degree felony.

Snell is a former employee of Signature Health Care Center of North Florida. She was terminated after an investigation by the Florida Department of Children and Families Adult Protective Services revealed that she knowingly abused a 90 year-old resident at the facility. Snell reportedly slapped the elderly woman across the face so hard that it left a red mark.

If convicted, Snell faces up to five years in prison and a $5,000 fine.

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

Fifty year old Eronie Deverlus was arrested on Thursday, July 30, 2009, after allegedly attacking a nursing home resident. Deverlus was working as a nursing assistant at Manor Pines Nursing & Rehabilitation Center in Florida when she allegedly struck a 65 year old resident suffering from Parkinson's disease after becoming angry with her. Deverlus was fired after the incident and has been charged with a third-degree felony for abusing the resident. If convicted, she faces up to five years in prison. The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com if you have any questions or concerns.

Charlotte Harbor Healthcare installed four cameras in the facility nearly a year ago to help prevent theft. What they didn't tell their residents was that the cameras filmed 24 hours a day to a closed circuit television located in Administrator Thomas Bell's office. The facility also failed to obtain permission to film the residents, in violation of resident rights. The facility was caught red-handed during a recent inspection by the Florida Agency for Health Care Administration during a routine inspection for mold in May 2009. A surveyor removed a ceiling panel in a resident room while searching for mold and discovered a camera. When questioned, Bell admitted that the cameras had been installed "about a year ago" to prevent or prove theft, although no problems had been reported in the rooms in which the cameras were discovered. According to Bell, the goal was to put more cameras throughout the facility. The facility faces fines up to $15,000 for the camera violations alone. During the investigation, surveyors found that recurring mold was causing problems with heating, ventilation, and air-conditioning systems. The maintenance director advised surveyors that the facility had received four proposals since 2007 for repairs. The Terry Law Firm is experienced in handling cases of nursing home abuse. Please contact us at (888) 317-2525 or visit us on our website at www.nursinghomejustice.com.

Gloria Baral and her family knew she was dying from cancer. Her family never expected to find her dead in her wheelchair.

On June 21, 2009, Gloria's daughter and her husband went to visit her mother at Orchard Ridge Care and Rehabilitation Center after Sunday Mass. They arrived at the nursing home facility around 9:30 a.m. Walking into her mother's room, her daughter knew something was very wrong.

Gloria's hand was on the ground and she was bent over in her wheelchair. Her daughter said it was evident that no one had checked on her for quite some time. Her daughter said, "I walked over and I pushed on her chest a couple of times and she was ice cold. I went for her pulse and her arm was ice cold."

According to funeral home records, Gloria was pronounced dead at 9:00 a.m. Her daughter disputes the time saying "if that were the case, her body should have felt more warm".

The family has filed a complaint against the facility with the Florida Agency for Health Care Administration. While Gloria's family is not currently pursuing legal action, they hope that the state will properly handle their complaint.

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

Natasha Petit-Homme, an admissions clerk at Woodlake Nursing and Rehabilitation Center in West Palm Beach, Florida, was arrested on June 25, 2009 for allegedly stealing over $2,300.

Petit-Homme is accused of stealing an elderly woman's checkbook and writing herself a check in the amount of $2,341. She deposited the money into her personal checking account. The victim did not give Petit-Homme permission to write a check nor did she have permission to cash the check.

Petit-Homme is charged with one count of exploitation of an elderly person, which is a third-degree felony. If she is convicted, she faces a fine of $5,000 and up to five years in prison.

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

A former employee of Horizons in Okaloosa County, Florida has been arrested for abuse of a disabled person. Latoera O'Neal was arrested by the Attorney General's Medicaid Fraud Control Unit after an investigation revealed that O'Neal grabbed the resident by his feet and pulled him off of the facility's van, causing him to hit his head on the van floor, the running board of the van, and the pavement.

O'Neal is charged with one count of abuse of a disabled person, which is a third-degree felony. She faces up to five years in prison and a $5,000 fine.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at 1 (888) 317-2525 or visit us on our website.

We discussed Administrator Belkis Pineyro-Wiggins in a previous blog. Pineyro-Wiggins took control of the Emory L. Bennett Veterans Nursing Home in Daytona Beach, Florida in August 2007. Shortly after her arrival, residents were told that the facility was not their home, that it was an "institution" and that they were not residents but rather, were "customers" or "clients". She allegedly slashed staffing levels dramatically and residents complained of physical and mental abuse and of their belongings being thrown away.

New allegations have been lodged against Pineyro-Wiggins in recent months. For the second time in almost a year, an employee has filed a police report against Pineyro-Wiggins for battery. Most recently, a CNA alleged that Pineyro-Wiggins grabbed her arm and shoved her into a counter on June 3, 2009.

According to the June 7, 2009 police report, CNA Amanda Foster and other nursing assistants were searching for a missing resident on June 3, 2009, when Pineyro-Wiggins grabbed Foster by the arm and shoved her into a counter. Foster alleges that Pineyro-Wiggins nearly knocked her off of her feet. An officer at the police department noticed bruises on Foster's biceps that would coincide with the injury she described.

In June 2008, the Risk Manger of the facility at the time, Linda Lewis, alleged that Pineyro-Wiggins grabbed her arm while attempting to take away some reports. The reports contained information about an increase in resident skin tears and Pineyro-Wiggins did not want Lewis copying the report. The incident left a bruise on Lewis' arm. Lewis alleged that there was a witness to the incident but "she later said nothing happened (in order) to keep her job."

In the last year and a half, multiple employees have quit their jobs and residents are complaining of abuse. According to the state Department of Children & Families, a new investigation was opened at the nursing home approximately a week ago concerning the alleged abuse of a resident.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 with any questions or concerns or visit our website at www.nursinghomejustice.com.

Mark Parilla recently found an elderly gentleman staggering around on a Friday night near a busy street and assumed he was drunk. After questioning the man, Parilla discovered that he was a resident of the Terraces of Lake Worth Rehabilitation and Health Center, a nursing home facility located in Lake Worth, Florida and must have wandered away. Parilla guided the elderly man back to the facility safely.

There, Parilla alleges, an employee "got rough" with the man, physically grabbed him, and shook him like a little kid, saying, "What are you doing out here?" Parilla said the man was scared from the rough treatment.

CBS 12 went to the facility to discuss the situation. There, they were met by a man alleging to be the facility Administrator. John Bachman of CBS 12 asked the Administrator, "You're not concerned that some of your patients, some of the people that live here, the residents are able to just walk away?" The Administrator responded, "They don't, they don't walk away. If that would ever happen, we would have to report that." CBS 12 reviewed sheriff's records from the previous few months and discovered that at least three missing persons reports have been filed by the nursing home.

A facility inspection report compiled last year showed that the facility had been cited with more than 50 pages of deficiencies. Additionally, according to the new rating system by The Centers for Medicare and Medicaid, the facility received two stars, which indicates a below average care facility.

On a happier note, Parilla continues to visit with the elderly man he returned home, as the gentleman does not have any family to look after him.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

State regulators found an injured resident on the floor at Azalea Court nursing home, located in West Palm Beach, Florida. Worse yet, the resident had maggots crawling out of his leg cast.

An ensuing investigation determined that the facility did not have a comprehensive care plan for the resident, which would have included care for the broken leg. A state inspection report from August 2008 stated, "The 120-bed facility failed to provide the necessary care and service to a resident with the cast and wound of lower leg, resulting in an infestation of maggots." The report further stated that the wound and cast was to have care every three days, although the facility could only provide documentation that it cared for the wound approximately once a week.

The facility was fined $16,000 in March 2008, which is the largest fine against a health care provider or facility in Palm Beach County this year.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us at 1 (888) 317-2525 or visit us at our website at www.nursinghomejustice.com.