Nursing Home Abuse Lawyer Blog

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.

On July 16, 2008, Lakreasha Cunningham, a former employee of Westminster Pines Assisted Living Center in Florida, allegedly pinched and punched a 76 year old resident in the stomach and arms multiple times. A witness reported that the resident hit Cunningham in the stomach while Cummingham was trying to dress her. Cunningham allegedly became upset and hit the victim, reportedly yelling, "How do you like it? How does that feel?"

Cunningham was charged with abuse of an elderly person. Her trial is set for early June 2009 and she faces up to five years in prison if convicted.

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.

We discussed Shamara Daniels, a former CNA at Freedom Village in Bradenton, Florida accused of abusing a 98 year old resident in her care, in a previous blog. Daniels was charged with one count of battery of a victim older than 65 after a resident was found bruised on both eyes, scratched on her face, and had a bite mark on her hand. Daniels allegedly was trying to stop the resident from biting and spitting on her. Daniels' trial begins May 28, 2009 and she faces up to five years in prison if convicted.

Florida nurse Richard Paul Anderson was arrested for abuse of an elderly person after another nurse allegedly saw him punching an 85 year old man in the face several times. The man required nine stitches for his injuries. Anderson, 43, is alleging self-defense but refuses to explain the incident. We will continue to update you as the story develops.

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

Letitia Calderwood

Letitia Calderwood, a former CNA at Punta Gorda Elderly Care Center, was arrested May 20, 2009 for abusing a resident.

Calderwood called for assistance from two other facility employees to help a 76 year old resident, who had fallen in the bathroom. The employees had difficulty getting the resident back on her feet and Calderwood kicked the resident in the lower back and used profane language. Once the resident was back on her feet, Calderwood slapped her in the face using an open hand.

In an interview with detectives, Calderwood, 58, admitted to abusing the resident. She stated that she became frustrated with the resident even though she knew the resident was disabled and had trouble standing on her own.

She was arrested and booked with no bond on battery of the elderly and abuse of the elderly, both third degree felonies.

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.

Today, everyone is aware of the seriousness of exposing children to sexual predators and most parents are diligent about checking state sexual offender websites for the locations of sex offenders living near their homes or schools. Has anyone ever thought to cross-check the addresses in the registries to see if any are living in local nursing homes? CBS4 I-Team in Florida did.

After performing an address cross-check and finding approximately 80 sex offenders living in Florida nursing homes (some of whom were court-ordered), CBS4 I-Team Investigator Michele Gillen visited nursing homes and group homes to verify these invidiuals were actually residents at the facilities. One 35 year old offender living at an adult home acknowledged his status and explained that his fellow residents were unaware of his status. He is one of two sex offenders living at that facility.

I-Team also visited The Pines nursing home in South Florida. There, the facility houses two sex offenders. I-Team met with the owner, Jules Ast, and Assistant Administrator Alyce Sica and they discussed the state of the art surveillance system the facility has in place. Both emphasized they are very careful about the type of offender allowed into the facility, as they are located within one block of an elementary school. The offender cannot have the ability to self-propel - they must have total assistance with movement. The sex offender residents are also not allowed to wander off on their own. Facililty staff are advised on the sexual offender status of the residents, but other residents are not informed. Assistant Administrator Alyce Sica actually went to the state ten years ago to encourage the state to create special housing for aging felons. "They need people who know how to deal with people who are dangerous," she said.

Wes Bledsoe, founder of A Perfect Cause, is aware of the problem. A Perfect Cause tracks sexual offenders and their crimes, some of whom can be seen on their website. Bledsoe says, "We are warehousing these offenders with disabled elderly people who can't protect themselves and can't tell what happened to them."

Florida residents can check Florida Sexual Offenders and Predators and Missouri residents can check Missouri Sex Offender Registry. For information on sexual predators in Illinois, click here. Like most states, sexual predator information for Arkansas, Texas, Oklahoma, Tennessee, and Pennsylvania can also be located online.

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