Nursing Home Abuse Lawyer Blog

We discussed Fox River Pavilion, a nursing home facility located in Aurora, Illinois, in a previous blog. On December 17, 2009, a fight between roommates resulted in the death of Randall Moons, a fifty-seven year old resident of the facility.

According to the Health Department report, Moons' fifty-four year old roommate told investigators that he was watching television when Moons began screaming profanities, jumped on his bed, and punched him in the face. The roommate screamed for help for "over 20 minutes" before another resident got a staff member. The staff member found Moons unconscious and not breathing. Moons died from a heart problem brought on by the stress from the fight. Moons' roommate sustained a broken kneecap and was bleeding from his nose, ears, and mouth.

Moons had only been a resident of Fox River since August 2009, coming to the facility with a history of "unpredictable aggressiveness". His diagnoses were paranoid schizophrenia, alcohol abuse, past drug use, and high blood pressure. He had received psychiatric treatment from February 2005 to September 2008 after he was found not fit to stand trial for obstructing a police officer after he violated a protection order.

Reportedly, Moons had been a problem at Fox River - refusing to take medication, exposing himself to female residents, was physically aggressive, and repeatedly attempted elopement. Just two days prior to his death, staff members found Moons completely dressed and sitting in an empty bathtub. He allegedly told staff members he just wanted someone to "shoot him in the head".

The facility was cited for failing to have a plan to protect both Moons and other residents in light of his increasing behavior problems. The facility had also been cited for numerous problems in the past, which included other resident assaults.

Fox River Pavilion officials have been informed that they will lose federal funding for the facility within thirty (30) days. The facility currently has a monitor in place and that monitor will assist residents desiring to move.

Madison County, Illinois Coroner Steve Nonn, together with the Illinois Department of Aging, has established the Madison County Elder Abuse-Fatality Review Team in an effort to help keep vulnerable elderly citizens safer.

The Madison County Elder Abuse-Fatality Review Team is the first of its kind in the Metro East and only the second one in the State of Illinois. The team will review cases of suspected or alleged abuse, neglect, or exploitation of the elderly. The team is headed by Maryville Police Chief Richard Schardan and consists of members of law enforcement and health care communities. Nonn said, "We see this team has having two primary benefits. First and foremost, several sets of eyes are looking at a case with each individual viewing it from a different perspective. Second, it serves as a remarkable information-gathering tool that enables us to discover gaps in the system and services provided for our senior population."

Camelot Terrace, a nursing home facility located in Streator, Illinois, has been cited by the Illinois Department of Public Health (IDPH) after moisture and mildew were found in the facility.

On January 14, 2010, moisture and mildew were found in the facility's C Wing. According to the IDPH investigation, "a notice from the city of Streator Fire Chief (Tom Risley) dated January 14, 2010, sent to the facility's owner states that the city received a complaint regarding roof leakage and water damage at the facility. The notice indicates (the fire chief) performed an inspection at the facility on December 29, 2010, and found the building was in violation related to the roof and interior surface sections of the city code. The notice indicates that the violations are of a serious nature, and that 'signs of rust and water damage' are present on light fixtures and electrical switches on the northeast wing of the building." Additionally, several facility employees reportedly advised the IDPH that "mold/mildew" smell near the nurse's desk.

A January 12, 2010 state inspection revealed "black mildew was present on the wall in the space approximately six inches high between the suspended ceiling tiles and the bottom of the concrete ceiling near the video camera located just inside the fire doors for C wing. An area of sagging, darkly-stained ceiling, approximately 2 1/2 feet square was present in the assisted feeding area near the wall adjacent to the C wing common area. Another inspection performed on January 14, 2010 found "black mildew was present under the layers of peeling paint at the top right side of the door jamb of the activity office, where water was dripping down at the time. Black mildew was present on the inside of the drywall up approximately two feet from the floor, visible in an approximate 16-inch wide area where...had removed a section of wet drywall in room C12 alongside the entry door to the right."

Crystal Lopez, a CNA at the facility for 13 years, believes the facility's environment is causing problems for the residents. She said, "People have been having rashes, headaches, itchy and watery eyes, asthma and difficulty breathing." She said the symptoms have been increasing over the last few weeks, but no one was taken to the hospital.

Michael Lerner, owner of GEM Healthcare in Chicago, disputes the mildew findings, saying, "It was accumulated dust. We cleaned it up and are back in business. We replaced the ceiling tiles."

According to the IDPH, an investigation at the facility continues concerning "safety and health conditions".

We discussed the tragic choking death of Adam Waeltz at Golden Moments Senior Care Center in our previous blog.

Adam Waeltz was a seventy-four year old developmentally disabled resident of Golden Moments Senior Care Center in Jacksonville, Illinois. Waeltz often ate and drank too quickly and was known to be at risk for choking on food. According to an Illinois Department of Public Health report, Waeltz, who had no teeth, was given ham that was torn into pieces, instead of receiving ham that was ground up. He collapsed and died. The coroner responding at the scene found ham pieces and mashed potatoes from Waeltz's mouth lying next to his body. His autopsy revealed a wad of ham pieces the "size of a tangerine" in Waeltz's windpipe. Coroner Jeff Lair filed a complaint with the Department of Public health that triggered the investigation.

State officials fined Golden Moments Senior Care Center $50,000 related to the poor care that was provided to Adam Waeltz.

The Illinois Supreme Court just ruled that it is unconstitutional to cap damages on jury awards, overturning the state's 2005 landmark medical malpractice reform law.

The 2005 law capped "pain and suffering" jury awards against physicians at $500,000 and hospitals at $1 million. Today's ruling essentially stated that the law infringed on an issue that is supposed to be decided through the court system.

Illinois' medical and business industries have long held that out-of-control jury awards against physicians and hospitals led to skyrocketing medical malpractice rates and forced Illinois physicians to move their practices elsewhere, especially in the Metro East, which is nationally known for high malpractice jury awards. Lawyers and labor and patient rights groups point the finger at the insurance industry for the high malpractice rates.

In an unusual development, some of the Illinois justices apepared to take personal shots at each other in their written opinions. Maryjane Wurth, president of the Illinois Hospital Association, said, "The hospital community is deeply concerned that this decision will renew the malpractice lawsuit crisis and make it more difficult for Illinoisans to access or afford health care." Peter Flowers, the president of the Illinois Trial Lawyers Association, said, "With this decision, we can now focus on the real issue - providing meaningful insurance reform that will keep costs down for doctors and patients alike."

We discussed the controversy surrounding fines Rosewood Care Center is facing after a resident's death and a recent decision by Sangamon County Circuit Judge Leo Zappa in a previous blog. In February 2009, Judge Zappa ruled that the IDPH had illegally inflated nursing home fines and imposed a $10,000 cap for each "Type A" violation, the worst violation possible.

Attorneys for Rosewood Care Center argued in front of Illinois' Fourth District Appellate Court of Appeals concerning a recent ruling by Sangamon County Circuit Judge Leo Zappa. Springfield attorney Daniel Maher argued that state officials should not be allowed "absolute discretion" in deciding how much to fine nursing homes for substandard care. Instead, Maher feels that the Illinois Department of Public Health (IDPH) should be limited to a maximum fine of $10,000 when imposing a flat fine on a nursing home facility.

State officials maintain that the enhanced fines are legal. A 1991 state law calls for fines "not less than $5,000" and "not less than $10,000", depending upon the severity of harm to the nursing home resident. Illinois Attorney General Jan Hughes holds that the $10,000 cap hinders the department's ability to protect defenseless nursing home residents.

The Appellate Panel has the option to throw out the $25,000 fine due to a technicality connected to the IDPH's delay in issuing a final fine against the facility. If the panel opts to throw out the fine, then the panel is also obligated to void Judge Zappa's ruling for the $10,000 cap on nursing home fines. The panel, which consists of Judge Carol Pope of Petersburg, Judge Sue Myerscough of Springfield, and Judge John Turner of Atlanta, is expected to rule on this matter within the next few months.

Somerset Place, a Chicago, Illinois nursing home, faces possible closure unless it can remedy the situation that placed "the health and safety of...residents in immediate jeopardy." Reports of abuse and violence and many citations from the Department of Public Health have placed this nursing home in the public eye. Complaints from Alderman Mary Ann Smith and community groups helped expose the facility's problems.

The Centers for Medicare and Medicaid Services conducted a ten day investigation at the facility and, at its conclusion, threatened the facility with termination from Medicare and Medicaid if the problems are not corrected within 23 days. Federal fines of $6,050 are accruing daily against the facility. The Public Health Department began the process to revoke the facility's state nursing home license last week. According to a Public Health Department spokesperson, "This happens very infrequently. This is the most serious thing the state can do." The facility has requested a hearing to contest the license revocation saying "the well-being of our residents, the community and our 250 employees is of paramount importance to us and we are committed to resolving these matters and moving forward."

Somerset specializes in caring for mentally ill adults. Among its 400 residents, Somerset housed 66 felons. From April 2008 to July 2009, police investigated 15 alleged assaults and/or batteries, five criminal sexual assaults, and five narcotic possessions - all within the facility. One Somerset resident, Maratta Walker, had been prostituting herself and using cocaine while a resident at the facility.

Somerset reported profits of approximately $2.3 million on revenues of $15.5 million in 2008, almost all of it from Medicaid.

Illinois pharmacist Ted S. Thalmann, and corporate secretary of The Medicine Shoppe of Edwardsville, pled guilty to a misdemeanor charge of misbranding a drug. The corporation pled guilty to a felony charge of misbranding a drug.

Case documents indicate that prescription drugs were repackaged from the original manufacturer's bottle and placed into blister packs. Those packs were labeled with incorrect expiration dates and provided to area nursing homes from March 2007 to March 2008.

Thalmann faces up to one year of imprisonment, one year of supervised release, and a fine of $100,000. The corporation faces a maximum sentence of five years probation and a fine of $500,000.

A lawsuit was filed against Rosewood Care Center in Edwardsville, Illinois on December 14, 2009 by Ron Matikitis, on behalf of his mother, Ann Matikitis, after a medication error caused Ms. Matikitis severe and permanent damage.

The suit alleges that Ann Matikitis was given 4 milligrams of Coumadin on September 24, 2008 by facility nurses despite a physician's order that the drug not be administered due to an elevated lab result. Ms. Matikitis suffered massive rectal bleeding and was hospitalized.

The suit alleges that facility employees failed to consult with Ms. Matikitis' physician concerning her deteriorating physical condition, failed to timely report or record the medication error, failed to provide appropriate care, and failed to follow physician's orders. Additionally, the care that was provided to Ms. Matikitis was not properly documented nor was her reaction to the medication.

The Matikitis family is seeking in excess of $50,000 for Ms. Matikitis' severe and permanent disability, substantial medical bills, and pain and anguish.

Golden Moments Senior Care Center, a nursing home facility located in Jacksonville, Illinois, faces a $6,500 fine in connection with alleged abuse at the facility.

According to a report by the Illinois Department of Public Health, the facility failed to protect six residents from mental, verbal, or physical abuse and was fined $20,000. A CNA, Jessie Ross, was fired in May 2009 in connection with the abuse claims. Reportedly, one resident was denied food, another resident was threatened with having their throat cut, and a resident was teased by an employee while the actions were captured on video.

As of November 23, 2009, the facility had been fined in excess of $40,000 for failure to comply with federal regulations. After an October 22, 2009 inspection, the facility faced a $3,050 fine for an eleven day span. The facility was fined after the October inspection revealed deficiencies that were "rated at a higher scope and severity" than what was found in a September 23, 2009 inspection. The October inspection found the facility deficient in following its own policy and procedures for residents requiring assistance with feeding and failing to implement a policy for assisting residents who were at risk for choking. Reportedly, resident Adam Waeltz died on October 3, 2009 after choking on food after nursing home staff failed to follow orders and watch Mr. Waeltz to ensure he didn't put too much food in his mouth.

Fifty-seven year old Randall Moons was found on top of his 55 year old roommate, unconscious and in cardiac arrest after an altercation at Fox River Pavilion nursing home in Aurora, Illinois.

Moons, who suffered from schizophrenia and paranoid delusions, had surface bruising but no internal injuries from the altercation. His roommate was taken to the hospital with non-life-threatening injuries. The Kane County coroner is investigating whether Moons suffered a heart attack during the altercation. The case is an open criminal investigation.

Moons, who was six feet tall and weighed approximately 240 pounds had a history of mental illness and had been arrested for threats against family members.

We discussed the tragic death of Andres Cardona at the hands of his roommate, Ardyce Nauden, in a previous blog.

Seventy-two year old Andres Cardona entered Ardyce Nauden's room and began eating his food. Nauden, who has a history of drug convictions and aggressive behavior, reportedly admitted to authorities that he repeatedly punched Cardona in his head because he was eating Nauden's lunch. Cardona was transported to the hospital and died on September 18, 2009 from his injuries.

On December 3, 2009, Cardona's death was ruled a homicide by the Cook County Medical Examiner's Office and now, Nauden faces first-degree murder charges.

After this incident, The Chicago Tribune asked the Illinois Department of Public Health (IDPH) for all records relating to assault allegations at the nursing home facility for the past three months. Initially, health department officials said they had none. After pressure, the IDPH managed to locate three reports, including the one involving Cardona, despite Chicago police reporting 11 alleged batteries in the 90 day period. A health department spokesperson, Melaney Arnold, said that the department is overwhelmed with incident reports and "unfortunately with the staffing we have, we're not always about to connect the dots."

Earlene Taylor had been a resident of River Bluffs Health Care and Rehabilitation Center of Cahokia and its successor, Atrium Health Care and Rehabilitation Center of Cahokia, since 1996. Facility staff should have been aware of Ms. Taylor's allergies, including her allergy to any medications containing Sulfonamide.

Ms. Taylor had just been readmitted to the facility after being treated at Kenneth Hall Hospital for asthma, bronchitis, and chronic obstructive pulmonary disease. Upon readmission, facility staff puportedly failed to include her allergies on her admission and assessment form. Doctors at Kenneth Hall prescribed Bactrim to treat Ms. Taylor. According to the lawsuit filed by Rosetta Helms on behalf of Earlene Taylor's Estate, "As a direct and proximate result of the aforesaid negligent acts or omissions, on or about November 20, 2007, the plaintiff's decedent sustained a severe reaction to the administration of Bactrim, D.S., she developed multiple large open areas in the skin over large portions of her body, portions of her skin sloughed off; the skin over her entire body became 'tented' and she developed red blistering over the back of her legs, her neck, and her back and she developed toxic epidermal necroysis, causing her skin to slough off, she lost 55% of her active skin, she had a positive Nikolsky sign, she had whole body erythema, lesions, blisters, and sloughing; that the aforementioned conditions caused extreme pain and suffering and she was admitted to a burn unit, where, on or about, November 24, 2007, she died."

The thirty-eight count suit against seventeen defendants seeks a judgment in excess of $1.9 million.

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

The Chicago Tribune recently published an article questionning whether a popular program that rid Illinois nursing homes of sex offenders was cut to save costs. In 2001, the Illinois State Police began staging raids on nursing home facilities to sweep out unregistered sex offenders and ex-convicts with outstanding arrest warrants for a variety of crimes, including armed robbery and murder.

From January 2005 through June 2006, twenty northern Illinois nursing homes were raided and police removed approximately 80 fugitives and sex offenders. Nursing home abuse and neglect complaints in that area decreased 67%, according to a department citation issued to the unit conducting the raids.

In 2006, the raids were suddenly stopped. Could the abandoned "sweeps program" be an example of how Illinois cut costs? Reportedly, these raids were stopped as facilities were still admitting felons and sex offenders, exposing our vulnerable elderly to assaults, rapes, and other types of abuse.

Seventy-two year old Andres Cardona died at the hands of a roommate in August 2009. Tragically, Cardona was beaten at Columbus Park Nursing and Rehab Center in Chicago, Illinois by sixty-two year old Ardyce Nauden. Nauden, who has a history of aggressive behavior, beat Cardona because Cardona came into Nauden's room and took his lunch. Cardona later died from the injuries sustained in the beating.

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

Gina Y. Robinson rented a house from an 83 year-old nursing home resident. Before long, the resident had been convinced to grant Robinson Power of Attorney over his affairs and to be his beneficiary at the time of his death. Problems mounted from there.

In August 2009, the resident's son notified police after noticing that his father never had any money. The ensuing investigation revealed that Robinson was writing checks on his account - but not necessarily for his benefit. His two antique cars, a 1936 Ford Tudor and a 1976 Mercury Marquis, had been sold on eBay and one of his several real estate properties had been foreclosed on.

Robinson's Power of Attorney was revoked in September and the man's son was appointed to represent his interests. The elderly man told police that Robinson had convinced him to take out loans on his properties to help her open a business, Gina's Coffee House, that never opened.

Robinson was arrested for financial exploitation of the elderly, forgery, and altering titles.

Seventy-four year-old Lloyd Berkley moved into Pekin Living and Rehab Center in Pekin, Illinois in July 2005. Two days after his admission, he was dead.

Berkley suffered from diabetes and used an oxygen tank. While nothing in his records indicated any psychotic tendencies, Berkley was held down by three employees while a fourth injected him with a large dose of Haldol, an antipsychotic drug. He had only been at the facility for eight hours.

According to nursing notes, after his daughter left the facility, Berkley became "very angry and combative" and said he was "going to blow up the facility with his oxygen tank". A nurse's aide told state investigators that Berkley didn't want to be at the facility and tried to strike staff members.

Staff members took away Berkley's oxygen tank and an unlicensed nurse, Karissa Bent, instructed three nurse's aides to hold him down while she injected him with Haldol, for which there was no doctor's order. Berkley fell asleep and his pulse dropped to a mere 48. He woke up approximately six hours later and while unsupervised, he fell and struck his head on a fan. He died two days later of bleeding in the brain.

Berkley's death was ruled a homicide by a Tazwell County cororner's inquest and the facility was fined $55,000 by the Illinois Department of Public Health. Karissa Bent was fired.

Karissa Bent was granted her nursing license three months after the incident by the Illinois Department of Financial and Professional Regulation after agreeing to a written reprimand, the lowest penalty available, and no further sanctions were sought.

Berkley's family settled a lawsuit against the nursing home prior to trial for $380,000. The facility has since been purchased by Petersen Health Care and its name changed to Timbercreek Rehab and Health Care.

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.

Heidi Leon

We discussed Sara Wentworth's tragic death in previous blogs.

On February 5, 2009, eighty-nine year-old Sarah Wentworth left the Arbor of Itasca nursing home and went outside, triggering a door alarm. Heidi Leon, a CNA on duty at the time, reportedly turned off the alarm and continued watching television, never looking to see if a resident had tried to leave the building. Hours later, Sarah Wentworth was found outside the facility and brought back inside. She passed away several hours later from extended exposure to extreme cold.

After Ms. Wentworth's death, Leon provided false information to Itasca police in an attempt to derail their investigation.

Leon, who has been in the DuPage County Jail since her arrest, pleaded guilty to one count of criminal neglect of a long-term care facility resident and one count of obstruction of justice on October 5, 2009. She was sentenced to 180 days in jail and was released Monday, having served 181 days in jail. She was also ordered to serve 30 months probation.

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.

At twenty-one years old, Christopher Shelton is 6'1" and weighs in at 230 pounds. He is also mentally ill and lives at Maplewood Care nursing home in Elgin, Illinois. Even at his young age, Shelton already has an extensive, violent rap sheet attesting to an explosive temper.

As a teenager, Shelton hit his teachers with a metal bar ripped from a classroom desk. He was sent to prison on an aggravated battery conviction. After his parole, he was arrested at least six more times, including a 2006 case where he reportedly threw a woman against a brick wall while kicking her in the crotch and head. Last year, Shelton was arrested three times, one of which included punching a man in the face at a nursing home facility where he was living at the time.

In November 2008, Shelton called Maplewood and asked if he could be readmitted and they accepted him. Maplewood segregates its mentally ill residents on the second floor of the facility, which is where Shelton was placed.

Unaware that Shelton had an outstanding arrest record and never asking him why he had been incarcerated, the facility attempted to run a criminal background check - but used an incorrect birth date. Maplewood officials also refused an offer from the director at Shelton's prior nursing home to discuss his conduct at that facility. Reportedly, Shelton had pulled fire alarms there so he could go outside and use drugs.

Shelton only was at Maplewood a short time when he advised staff that he felt "increased sexual urges and thoughts". Staff reportedly suggested that he masturbate using magazines or videos, according to a state report. There was no additional monitoring or action taken by facility staff.

Around 11 p.m. on January 16, 2009, a bed check revealed that Shelton was not in his room and the rounds sheet was marked "U", which means unaccounted for. The facility allegedly has no system for locating or monitoring unaccounted for residents. Later that night, facility staff found a 69 year old woman draped over the edge of her bed, crying and moaning with pain. Shelton was discovered hiding in her bathroom; he had raped her. Shelton admitted to Elgin officers that he "assaulted that lady" even though she begged him to stop.

The victim was a married mother of two who suffered from chronic depression but was of sound mind. Maplewood officials told state authorities that the sex was consensual and that the victim "never alleged abuse in her discussion with staff immediately or later when calling for the police".

Shelton has been charged with aggravated criminal sexual assault and is waiting for his trial. The woman no longer lives at Maplewood. The facility was fined $25,000, which they are appealing.

Michael Giannini and Bryan Barrish own Maplewood Care - and thirteen other nursing home facilities in Illinois. Nine of their facilities rank below average. Maplewood Care was assessed two out of five stars in the new rating system implemented by The Centers for Medicare and Medicaid, which indicates a "below average" facility. Giannini and Barrish's facilities house 2% of Illinois' nursing home population and nearly 10% of Illinois mentally ill nursing home residents. In late June 2009, Maplewood Care housed 15 felons out of approximately 200 residents. Approximately one-half of the residents are younger than 65 and more than 40% had a primary diagnosis of mental illness.

According to Elgin police reports since 2008, Maplewood has had multiple problems: packets of marijuana and cocaine found in common areas, a worker striking and bruising a 75 year-old resident, a 78 year-old resident reportedly punched in the face several times by his roommate.

According to Giannini, "We are being held to a perfect standard in an imperfect world."

A Growing Epidemic

According to a recent Chicago Tribune article, the State of Illinois relies on nursing homes to house their mentally ill residents more than any other state. An ensuing investigation by the Tribune found that government, law enforcement, and the nursing home industry itself have all failed to manage the ever-growing number of young, mentally ill residents coming from jails, shelters, and psychiatric wards.

Mentally ill residents comprise more than 15% of Illinois' total nursing home resident population of 92,225. The number of residents convicted of serious felonies is 3,000; this number includes 82 convicted murderers, 179 sex offenders, and 185 armed robbers. They live side-by-side daily with our most vulnerable citizens - the elderly.

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

A seventy-nine year old resident of an assisted living facility has been charged with aggravated battery in the beating of his roommate.

James Sendaldi, Jr., a resident of Hitz Memorial Assisted Living Facility in Alhambra, Illinois, was arrested and charged after he beat his roommate four times with a hammer. Sendaldi found the hammer sitting out because of construction work being done at the facility. His sixty-nine year old victim was treated at a local hospital and released. The reason for the attack is unknown.

Sendaldi's bond was originally set at $40,000, but he was released on his own recognizance and ordered to stay away from his victim.

The Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please contact us with any questions or concerns at www.nursinghomejustice.com.