Nursing Home Abuse Lawyer Blog

Lynwood C. Bauer, a former nursing assistant at Britthaven Nursing Home in Pineville, Kentucky, was charged with one count of reckless abuse of an adult after a defenseless nursing home resident was severely injured while under his care.

In September 2009, Bauer was caring for a male resident, who was paralyzed on his left side from a stroke. The resident's care plan required facility staff to move the resident using a mechanical lift assisted by two staff members. Reportedly, Bauer moved the resident from a chair to his bed without the assistance of a mechanical lift or other staff. The resident allegedly fell from the bed and Bauer, who did not check the man's treatment plan, put him back into bed without any assistance or any assessment for injuries.

Later, nursing staff discovered the resident had "raised" and "red, painful areas" on the back of his head, left shoulder, rib cage, hip, and knee. The resident was transported to a hospital, where he later died.

Bauer remains in jail on a $500,000 cash bond. He faces up to one year in jail. The facility was cited for two deficiencies: one for actual harm to a resident and one for failure to immediately report the incident.

Todd Gribbens and Earl Pelphrey

Two former caregivers at Community Presence, Inc., a Kentucky nursing home facility, were sentenced for their roles in the abuse of a resident, who died.

On October 14, 2007, Michael Price, a mentally handicapped resident of Community Presence, Inc. for seven years, died after caregivers placed him in a prone restraint. Price, who also suffered from cerebral palsy, stopped breathing and died after caregiver Matthew Bortles laid on his back for more than 30 minutes. After the caregivers discovered Price's death, they conspired to cover it up.

Todd Gribbens and Earl Pelphrey pleaded guilty on December 4, 2009. As part of their plea agreement, they both received one year for wanton abuse of an adult, first degree wanton endangerment, and first degree unlawful imprisonment. Their sentences are diverted for five years. Both are forbidden to work as caregivers of vulnerable adults or children. Two other men went to prison for their roles in Price's death.

We discussed Richmond Health and Rehabilitation in a previous blog.

Armeda Thomas' family noted severe bruising on her body and facility staff could not explain the origin. The family resorted to placing a "granny cam" in Ms. Thomas' room. The camera caught facility staff "pulling the resident out of bed by her wrists and neck" and "roughly moving the resident from side to side". Ms. Thomas suffered fractures in her lumbar vertebrae after being handled roughly by facility staff. Among other things, the camera captured images of a staff member showing her fist to Ms. Thomas after she was combative and, on another occasion, a staff member dancing in front of Ms. Thomas while another staff member held her down. The camera also captured Ms. Thomas lying on the floor for an hour before being discovered by staff.

Former nurse aide Valerie Lamb pleaded guilty to reckless abuse and neglect of an adult in the incident. Another former nurse's aide pleaded guilty last year and a third nurse's aide faces trial in March 2010.

Todd Gribbens and Earl Pelphrey pleaded guilty to Class D felonies of wantonly abusing an adult, wanton endangement first degree, and unlawful imprisonment relating to abuse of a 25 year-old disabled resident. Charges were brought against Gribbens and Pelphrey as well as Bob Thompson and Michael Yates for their alleged abuse of Michael Price, the resident involved.

On October 14, 2007, Michael Price, a resident of Community Presence, Inc. facilities for seven years, died after caregivers placed him in a prone restraint, which is prohibited by Kentucky Law. Price, who was mentally disabled and suffered from cerebral palsy, stopped breathing and died after caregiver Matthew Bortles laid on his back for more than 30 minutes. Caregiver Brandon Starotska failed to intervene and stop the abuse and watched television instead. After discovering Price's death, both Bortles and Starotska cleaned up Price's blood, hid a bloody pillow, and washed a blood-stained washcloth in an attempt to conceal evidence. Both Bortles and Starotska were sentenced to prison earlier this year.

A nurse and two nursing assistants were indicted recently after an investigation by the Attorney General's Office of Medicaid Fraud and Abuse Control found that abuse charges were warranted.

In violation of a resident's established Care Plan, Melissa Lyon, a nurse assistant, was trying to transfer a resident into her bed alone at Creekwood Place Nursing Home in Russellville, Kentucky. During the transfer, the resident suffered a fractured leg. After the injury, Lyon and another nursing assistant, Destiny Duncan, "concealed the true facts of the incident". Nurse Barbara Moore "did not call a physician or family member or check on the victim, all of which caused the victim prolonged suffering and pain".

Each of the employees were indicted on a Class C felony of knowing abuse or neglect of an adult. If convicted, they face between five and ten years in prison.

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

Thirty-two year-old Maria K. Whitt appeared in Court on Tuesday, October 6, 2009 and pleaded "not guilty" to murdering ninety year-old Jesse Chain, a veterans' hospital patient. Her indictment stated that Whitt "willfully, deliberately, maliciously and with premeditation and malice aforethought" injected Chain with "lethal levels of morphine", killing him.

Jesse Chain was admitted to the VA hospital in Lexington, Kentucky on August 30, 2006 with chronic heart failure and kidney problems. When he was placed in intensive care on August 31, 2006, his family requested no resuscitation efforts be made to prolong his life. On September 3, 2006, after the medical staff had exhausted efforts to save Mr. Chain, a morphine drip was prescribed "to ease him into a comfortable passing". Nurse Maria Whitt started the morphine drip.

Chain was to receive 1 mg of morphine per hour. He received eight doses, six of which were 10 mgs each, along with a steady drip, in the 6 1/2 hours prior to his death. After Chain's death, Whitt and a co-worker cleaned the room and the co-worker noticed the bottle of morphine was empty.

In her first statement to investigators, Whitt suggested that Chain's family or another nurse may have overmedicated Chain, but his family was ruled out. Whitt admitted that she administered the doses of morphine to Chain.

If convicted of murder, Whitt could be sentenced to life in prison, could be fined $250,000, and could face five years of supervised release.

Whitt is also under suspicion for two other patient deaths, but has not been charged. One patient, an 88 year-old man with heart problems was placed on morphine for comfort measures after his breathing tube was removed. He was prescribed 1 mg morphine per hour, but 60 milliliters of morphine were unaccounted for. The other patient was a 60 year-old man who was to receive 1 mg of morphine per hour after suffering a severe heart attack. In that case, 34 milliliters of morphine were missing.

We discussed the tragic situation at Dawson Pointe in Dawson Springs, Kentucky in our previous blog. You will recall that an employee at Dawson Pointe took nude photographs of a female resident sitting nude in a shower chair. Phyllis R. Johnson, 19 and a former nursing assistant at the facility, was indicted by the Hopkins County Grand Jury on charges of video voyeurism and adult abuse. Johnson used her cell phone to record two videos on April 1, 2009. Johnson was fired from the facility on April 20, 2009, the day following her arrest. 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.

Arden Courts, a personal care home located in Louisville, Kentucky, was cited for the second time in less than six months for failing to properly care for its residents. On June 22, 2009, Arden Courts was hit with a "Type A" citation, the most serious citation available from the Cabinet for Health and Family Services, and faces a possible fine of up to $5,000.

The citation came after investigators determined that a resident was injured on June 12 in a fall at approximately 4:45 a.m. and did not receive medical attention despite her complaints of pain and informing staff that she believed she had broken a bone. No medical attention was provided until family members demanded that a doctor be called after they arrived in the afternoon and saw the resident's condition. The resident was taken to the emergency room and was treated for a pelvic fracture, low blood pressure, and a laceration on her elbow that required stitches. This resident was not to walk without a walker, however, no walker was with her when she was found on the hallway floor early that morning. This resident also required total assistance with bathing and other personal care tasks.

In addition to failing to seek medical treatment for the resident's injuries, investigators determined that the facility also failed to prevent accidents and ensure the safety of its residents. The citation also found that the facility was caring for residents requiring more assistance and services than the facility is licensed to provide.

This facility was also cited in February 2009 for failing to provide appropriate care for seven residents who suffered repeated falls. Two of those residents had developed bedsores and four residents had suffered significant weight loss. All seven residents needed more skilled care than Arden Courts could provide as a personal care home.

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

We discussed this story in a previous blog. Eighty-four year old Harrison Blankenship was arrested for first degree sexual assault at Bradford Square Rehabilitation and Nursing Center after a facility staff member walked in and caught him sexually abusing an 87 year old female resident.

Now, Blankenship says "it was all a big misunderstanding". Allegedly, a nurse at the facility saw Blankenship pushing the resident down the hall to her room. A nurse entered the room and found the curtain closed. When she opened it, she saw Blankenship sexually abusing the resident. Blankenship says the nurse was "mistaken".

Blankenship, a World War II veteran and survivor of a Nazi Prisoner of War camp, is already a registered sexual offender for the rape of a 13 year old in 1995.

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

Eighty-four year old Harrison Blankenship was arrested after he allegedly forced an elderly eighty-seven year old nursing home resident to participate in a sexual act without her consent.

Police were notified that a visitor at the facility had sexually abused a resident at Bradford Square Rehabilitation and Nursing Center. Blankenship was arrested and charged with first degree sexual abuse.

Blankenship was arrested and released from the Franklin County jail. The resident was given a complete medical exam.

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

According to a report from the Department of Health and Human Services, Dawson Pointe Nursing Home was one of the two Kentucky nursing homes recently accused of allowing improper cell phone use. According to the report, an elderly resident of the facility was videoed twice on April 1, 2009 using a cell phone. The videos, taken by a nursing assistant, showed the resident, nude, in a shower chair.

The first video recording showed the elderly resident looking at the device and speaking in garbled speech. The second video revealed the resident's entirely nude body. In that video, the resident appeared to be reaching for the phone as if trying to grab it and was clearly heard saying, "turn it off". While this was occurring, a chuckle can be heard in the background.

Phyliss Johnson, 19, was arrested on April 19, 2009 for this incident and charged with video voyeurism and abuse and neglect of an adult. Her case has been referred to a grand jury.

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 our website at www.nursinghomejustice.com.

The Cabinet for Health and Family Services has cited Dawson Point in Dawson Springs, Kentucky for improper cell phone use by employees. The facility Administrator said the facility took "immediate action" to protect its residents and that company officials were "totally appalled" about the incident. The Administrator would not divulge what happened at the facility.

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 Bluegrass Care and Rehabilitation Center in a previous blog. Investigators from the Inspector General's Office of the Cabinet for Health and Family Services found that employees at this facility were taking photographs of the residents with cell phones, attaching sexually explicit lyrics to the photos, and sending them as text messages to other employees.

"We did not think things would get so far out of hand," said an employee who sent photographs to ten other employees, "We were just having fun. Everybody was on the cell phone 24-7." Documents recently revealed that employees recorded residents screaming or asking to go to the bathroom and then played a guessing game to determine as to which resident it was. Some residents were not fully clothed in the photographs.

The incidents, which involved seven different residents, were investigated in March and April 2009. One resident, who suffered from dementia and was obese, was photographed entering the bathroom and was depicted in the photograph with an exposed back, legs, and incontinence brief, which appeared wet. The staff member then attached lyrics of a sexually explicit song and sent it to a nursing assistant.

In another incident, a resident was photographed in her wheelchair with one thumb up in an "Ok" sign. That photograph was forwarded with the message "Giggity, giggity. Let's have sex." to another employee. When state investigators informed the resident about the incident, the "resident's eyes grew wide" and the resident said, "I don't know why anyone would want to do anything like that or even think about doing something like that."

Another photograph exchanged between nursing assistants revealed a resident lying in bed with buttocks partially exposed. Once the resident learned of the incident, the resident told investigators about wanting to file a lawsuit.

A staff member recorded a ring tone of a resident, who suffers from Alzheimer's disease, saying "I gotta do do." and played it for people standing around a nurse's station. An LPN who heard the recording said no one "acted like it was a big deal". That LPN had worked at the facility since July 2008 and said no one enforced the cell phone policy or seemed concerned about the use of cell phones in resident areas.

Currently, there are no laws or regulations in Kentucky concerning cell phone use in resident care areas at long term care facilities. The Inspector General's Office of the Cabinet for Health and Family Services has requested that nursing home facilities prevent cell phone use in resident care areas in the future. Any such compliance to the request would be completely voluntary.

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 our website at www.nursinghomejustice.com.

We discussed Richmond Health and Rehabilitation Center, also known as Madison Manor, in our previous blog. Richmond Health and Rehabilitation Center made national news when the family of an eighty-four year old elderly resident, Armeda Thomas, hid a video camera in her room at the facility in an attempt to review facility employees' behavior when working with Ms. Thomas. Their recording led to charges against three facility employees for reckless abuse or neglect. Jaclyn Dawn VanWinkle pleaded guilty to reckless abuse or neglect and received a probated twelve month jail sentence in exchange for helping prosecutors in the case. Amanda Sallee was indicted on one count of wanton abuse or neglect of an adult for allegedly eating Ms. Thomas' meals instead of offering them to her or offering to help her eat. Valerie Lamb was indicted on one count of reckless abuse or neglect of an adult for allegedly lifting Ms. Thomas by the neck and for lifting her legs higher than necessary while performing incontinent duties.

The Department of Health and Human Services for Medicare and Medicaid Services placed Richmond Health and Rehabilitation Center on its "Special Focus Facilities" list on April 23, 2009. Special Focus Facilities are facilities that have either more problems than other nursing home facilities or have a pattern of serious problems over a long period of time that cannot be resolved. Special Focus Facilities are inspected more frequently than the annual inspection that most nursing home facilities undergo. Currently, the facility is classified as a "Class A" facility, which means it is newly added to the focus list and is awaiting a survey from federal inspectors.

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.

Since 2007, investigators for the State of Kentucky have cited four nursing homes for failing to perform resuscitation measures on residents who had requested resuscitation efforts if needed. Additionally, two other nursing homes were cited for failing to follow written orders for two residents that stated that the residents did not want to be resuscitated. In all six cases, the residents died. Five of the six facilities were sanctioned with Type A citations, the most serious citation that can be assessed. The facilities involved were:

Kenton Healthcare, Lexington, Kentucky: Staff allegedly did not institute resuscitation as stated in doctor's orders.

Hillcrest Health Care Center, Owensboro, Kentucky: CPR was not performed on a resident wanting to be resuscitated.

Christian Health Center, Bowling Green, Kentucky: Did not immediately resuscitate a resident despite doctor's orders. This facility allegedly did not have a system that allowed staff immediate access to code information for the resident.

Woodland Oaks Nursing Home, Ashland, Kentucky: Failed to perform CPR on patient requesting lifesaving measures.

Green Meadows Health Care, Mount Washington, Kentucky: Cited for reviving a resident who had a DNR order.

Jefferson Manor, Louisville, Kentucky: Cited for resuscitating a resident with a DNR order.

These grievous errors have prompted a push for a new law or regulation requiring nursing home residents to wear a purple wristband, which would indicate a do not resuscitate (DNR) order. While the Kentucky Association of Homes and Services for the Aging does not think a law is necessary if nursing homes follow the best possible practices, Bernie Vonderheide, President of Kentuckians for Nursing Home Reform, said "A voluntary system won't work because some nursing homes will do it and some will not, leaving the resident as the loser." Currently, there are no uniform regulations in Kentucky concerning how to advise nursing home staff of DNR orders.

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.

After a resuscitation error at Jefferson Manor nursing home in Louisville, Kentucky, the Kentucky Cabinet for Health and Family Services and the Kentucky Hospital Association are considering using a universal color-coded armband system to alert staff as to patient conditions and wishes. Currently, there is no universal system in place to denote a patient's wishes regarding resuscitation in a long-term care facility or hospital. While federal and state laws require that hospitals and nursing homes keep DNR orders in a patient's chart, carrying out those orders appears to be where problems arise. Some facilities opt to use color-coded wrist bands, others use colored tape on doors or stickers in charts.

Staff members at Bluegrass Care and Rehabilitation Center in Lexington, Kentucky used their personal mobile telephones to "inappropriately photograph and make audio recordings" of residents without their knowledge. The employees then attached songs with sexual lyrics to the photographs and then circulated them to other facility employees. This abuse affected seven nursing home residents.

After an investigation by the Kentucky Cabinet for Health and Family Services the facility was hit with a Type A citation on April 10, 2009, the most serious citation available. According to the citation, "there was no evidence that the facility had identified or trained staff that using residents' pictures and/or recordings of a sexually exploitative nature were a form of abuse. Interviews with facility staff, including aides, licensed staff, and housekeepers, revealed that this was a usual event that was not recognized or identified as abuse; therefore staff failed to report the abuse to their supervisors."

Several nursing home staff members were dismissed and the facility has been fined $6,550 per day because the residents were found to be in immediate jeopardy.

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 Rodriguez Durr and the sexual assault that occurred at Bradford Heights nursing home in a previous blog. Durr, a former nursing assistant at Bradford Heights, was charged with two counts of first degree sexual abuse for assaults that took place in June and July 2008. Durr admitted to molesting two elderly women, one of whom is mentally incoherent and the other is handicapped due to age and general physical condition.

Durr pled guilty to two counts of second degree criminal abuse earlier this month. The two residents are suing the facility.

David Terry of the Terry Law Firm has successfully handled cases of nursing home sexual abuse to conclusion. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com with questions or concerns.

Armeda Thomas is getting justice. Abuse of the 84 year old resident of Madison Manor Nursing Home, also known as Richmond Health and Rehabilitation Center, was caught on tape by a hidden "granny cam" in August 2008 after family members found dozens of bruises all over her body and facility staff could not provide satisfactory answers as to their origin. The ensuing investigation revealed 17 cognitively impaired residents experienced "injuries of unknown origin".

The camera caught facility staff "pulling the resident out of bed by her wrists and neck" and "roughly moving the resident from side to side". Ms. Thomas suffered fractures in her lumbar vertebrae after being handled roughly by facility employees. Among other things, the camera captured images of a staff member showing her fist to Ms. Thomas after she was combative and, on another occasion, a staff member dancing in front of Ms. Thomas while another staff member held her down. The camera also captured Ms. Thomas lying on the floor for an hour before being discovered by staff.

According to published reports, Jaclyn Dawn VanWinkle was the nurse aide captured on videotape singing and dancing while another employee held Ms. Thomas' arms. She was arrested in December 2008 and charged with wanton neglect. In a plea agreement, she pled guilty to an amended charge of reckless abuse or neglect of an adult. In addition to the amended charge, she was required to cooperate with the state's investigation into the accusations against the facility and was sentenced to twelve months in jail and forbidden from working a job in which she would care for "vulnerable adults". Her sentence will be conditionally discharged for a two year period if she does not commit another offense and cooperates with prosecutors.

Now, two additional former nurse aides at the facility have been indicted on abuse and neglect charges stemming from the August 2008 incident. Amanda Salee is charged with wanton abuse and neglect of an adult and Valerie Lamb is charged with reckless abuse and neglect of an adult. Salee, due to be arraigned on May 15, 2009, is being held on $10,000 cash bond. Lamb is scheduled to appear in court on April 27, 2009.

David Terry at the Terry Law Firm is experienced in handling cases of nursing home abuse and neglect. Please feel free to contact our office at at 1 (888) 317-2525 with any questions or concerns you might have or visit our web site at www.nursinghomejustice.com.

We discussed the abuse Armeda Thomas received while a resident of Richmond Health and Rehabilitation Center, also known as Madison Manor Nursing Home, in our previous blog. If you will recall, a "granny cam" came to the rescue of eighty-four year old Armeda Thomas, who suffered from Alzheimer's disease. The video camera was secretly hidden in Ms. Thomas' room at Madison Manor in Richmond, Kentucky in August 2008 after family members discovered dozens of bruises all over her body and could not get any satisfactory answers from facility staff. The first bruises discovered were "handprint" bruises. They were photographed in July 2008. The hidden "granny cam" proved that Ms. Thomas was being abused by her caregivers. In fact, the ensuing investigation revealed that 17 residents suffering cognitive impairment experienced "injuries of unknown origin".

The camera caught facility staff "pulling the resident out of bed by her wrists and neck" and "roughly moving the resident from side to side". Ms. Thomas also suffered fractures in her lumbar vertebrae after a rough handling. Nursing assistants did not clean or feed Ms. Thomas appropriately, resulting in falsified feeding records. The investigation revealed on at least one occasion that a nursing assistant had eaten Ms. Thomas' food and falsely recorded that it was Ms. Thomas who had eaten everything. A staff member showed her fist to Ms. Thomas after she was combative and on another occasion, one staff member danced in front of her while another staff member held her down. The camera also captured Ms. Thomas lying on the floor for an hour before being discovered by staff.

Jaclyn Dawn VanWinkle, a former nurse's aide at the facility, was arrested on December 17, 2008 and charged with wanton neglect. VanWinkle was seen on the videotape singing and dancing while another staff member held Ms. Thomas' arms. VanWinkle also failed to use a gait belt while transferring Ms. Thomas from her bed to her wheelchair, which constituted neglect.

VanWinkle pled guilty to an amended charge of reckless abuse or neglect of an adult as a result of a plea agreement with the state attorney general's office. In addition to the amended charge, she is required to cooperate with the state's investigation into the matter. She was sentenced to twelve months in jail and forbidden from working a job in which she would care for "vulnerable adults". Her sentence will be conditionally discharged for a two year period if she does not commit another offense and cooperates with prosecutors.