Nursing Home Abuse Lawyer Blog

Daniel Nathan Griswold, former CNA at Rest Haven Homes in Grand Rapids, Michigan, has been charged with criminal sexual conduct and gross indecency for sexually molesting two elderly women at the facility, both of whom suffered from memory loss. One victim is now deceased and the other still lives at Rest Haven. Griswold allegedly committed the crimes in the spring of 2008.

Griswold left the facility's employ abruptly last year citing personal reasons. He turned himself into police in May 2009 and also confessed to Brian Wilson, Rest Haven's Administrator, who was shocked.

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

MediLodge of Monroe, located in Monroe, Michigan, faces a felony abuse criminal charge in a 2004 case where an elderly resident died a day after falling out of his wheelchair. The nursing home itself has been named as the defendant due to the length of time that has passed since the resident's death. The delay in the filing of charges came because the resident's relative did not notify the Michigan Attorney General of the injury until this year. The Attorney General's Office investigated the incident and filed charges. The Attorney General's Office has also accused facility employees of failing to report Mr. Boushaw's fall and death, as required by law.

Matt Frendewey, spokesman for the Attorney General's Office, said, "The incident was never reported. This resulted in a substantial delay."

Melvin Boushaw, 81, allegedly fell from his wheelchair on September 24, 2004, after being left alone in his room for approximately 5 to 10 minutes. He was found on the floor by a facility employee. He was taken to Mercy Memorial Hospital with trauma to his head and face and died on September 25, 2004. His cause of death included pneumonia and respiratory failure and he had suffered a cervical fracture, facial contusions, and facial lacerations in the fall.

The Attorney General's Office said that Mr. Boushaw had suffered 21 recorded falls from his wheelchair in one year. Because he was a chronic fall risk, he should have never been left alone and "this fact was common knowledge throughout the facility".

The Attorney General's Office alleges that Mr. Boushaw's fall led directly to his death and could have been prevented. The staff did not provide appropriate care to prevent his repeated falls.

This case is the second one this year that had led to felony abuse charges against MediLodge. In another case, a 91 year old femal resident fell from her wheelchair, suffered severe injuries, and died. A nurse aide was convicted through a plea agreement.

If the facility is convicted of abuse, it faces fines or sanctions. MediLodge could also be excluded from receiving federal funds.

MediLodge owns and operates 15 nursing homes in Michigan.

Tendercare Health Center - Birchwood (Birchwood) is a 140 bed nursing home in Traverse City, Michigan that was named to the Special Focus Facility list, which is a federal government list of the nation's most problematic nursing homes. The problem? Allegations of repeated physical and sexual abuse at the hands of fellow residents in 2006 and 2007 that nursing home management failed to stop or report. A July 2007 inspection uncovered the extensive history of physical and sexual assaults dating back to 2006. The abuse resulted in fines and an ongoing criminal investigation by the Michigan Attorney General's Office.

Ellen Miller was admitted to Birchwood in November 2006 for rehabilitation and physical therapy after a leg amputation. She moved in November 2007 after witnessing sexual abuse and harassment at the hands of fellow residents. Miller herself warned a male resident who allegedly assaulted her neighbors that "he'd have to pick himself off the floor if he laid a hand on her".

Some men groped and grabbed women who couldn't physically defend themselves. Ms. Miller witnessed what she believed to be an attempted assault on a woman with Down's Syndrome. One man exposed his genitals and another touched the legs of women while sitting next to them playing bingo.

Victims were both male and female. State officials found nine female residents who had been sexually harassed or assaulted by five male residents. One of the repeat sexual assault victims had also been physically attacked multiple times. At least three other residents, including men, were also physically assaulted.

While the nursing home staff did not investigate abuse incidents or report those incidents reported to the state, they did record most of the incidents on residents' personal history charts.

One predator at the facility was a 71 year-old male resident with dementia, behavior disturbance, and "high-risk sexual behavior". He targeted a 52 year-old woman with Huntington's disease and molested her five times. Another female resident told inspectors that the man grabbed her breast while she was in the hallway. The facility's social worker told her she needed to watch how she spoke to men, "because some of them might consider it an invitation". The woman stated to inspectors, "That's like telling me if I'm a little girl in a pretty dress that I'm asking to be raped. I'm not stupid. They should have stepped in and protected me. They should have stood up for me. Do I have no rights? Do I matter to anyone?"

Another male resident, age 70 and suffering from a schizoaffective disorder, committed 13 physical assaults in three months in 2007. Most attacks were violent, unprovoked, and consisted of repeated punches to the face or head.

Birchwood discharged four residents considered "abusers" but allowed two to continue to live at the facility, including a man who committed four sexual assaults in four months in 2007.

Birchwood was fined almost $38,000 in 2007-2008 for violations involving bedsores, falls, and assaults on patients. The facility was ordered to complete training for abuse prevention and were banned from conducting a nurse aide training program for two years. They also were subjected to Medicare and Medicaid sanctions for one month. As one of the nation's 135 Special Focus Facilities, Birchwood will faces bi-annual inspections. If the facility can show improvement over the next year, it can graduate from the list. If no progress is shown, the facility risks losing their ability to participate in the Medicare and Medicaid program.

The Terry Law Firm has successfully prosecuted nursing home cases of sexual abuse. Please contact us at 1 (888) 317-2525 or visit us at www.nursinghomejustice.com.

Eighty-four year old Rosemary Gubert was found dead in a ditch across the road from her assisted living facility at approximately 7:00 a.m. on Tuesday, March 24, 2009. Ms. Gubert, a resident of Green Valley Manor in Metamora, Michigan, had been reported missing at approximately 5:00 a.m. that morning after having last been seen at approximately 2:00 a.m. Ms. Gubert, who suffers from dementia and Parkinson's Disease, apparently left the facility wearing only pajamas and no shoes. The temperature outside was approximately 30 degrees with a wind chill factor in the low 20's.

According to Lapeer County Sheriff's Lieutenant Gary Parks, "She just walked out." An autopsy is scheduled for Wednesday, March 25. Apparently, no one at the facility noticed her missing.

This facility has already had three investigations launched this year by state regulators. In an unannounced visit in February 2009, investigators found a window in one resident's room with a broken screen and a window lock that did not work properly.

The facility has experienced other violations as well. During a visit in early February 2009, investigators reported water damage in the basement that had been caused by a former employee who had turned off the heat in anger, causing pipes to freeze. A violation was also found in March 2009 when an investigator uncovered that the facility did not immediately obtain health care for a resident who had been feeling bad for a few days.

Seventy-five year old James Franklin, Jr., an Alzheimer's patient, was admitted to Clare Bridge of Grand Blanc in Michigan on May 23, 2008. That very day, Mr. Franklin climbed through a window and escaped the facility. His body was found two months later a short distance from the facility.

His family has filed a wrongful death lawsuit against Clare Bridge of Grand Blanc alleging that the facility was negligent in its care of Mr. Franklin because it failed properly secure the facility to ensure that he could not escape and because it failed to timely notify police that he had escaped. The family also alleges that the facility purposely misled them when they inquired about other residents who had walked away from the facility. Allegedly, the family was told that the facility did not have problems with prior residents leaving the facility unnoticed. Apparently, that is untrue. In fact, Franklin had been the second resident climb out a window at the facility in less than a year. In September 2007, a neighbor had found a woman wandering near her home and brought her back to the facility. The woman had escaped when a window was pushed all the way to the top.

The State of Michigan banned new admissions at the facility last year until changes were made that included window alarms and increased staffing. That ban was lifted in January 2009.

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.

St. Francis Home, located in Saginaw, Michigan, faces a $116,000 fine, along with fines of approximately $300 per day from January 15, 2009 to February 20, 2009, after investigators cited the facility for twelve deficiencies during an annual survey. Additionally, the deficiencies resulted in a state freeze on Medicare and Medicaid payments on new admissions.

An aide admitted to investigators during the survey that she hit a man's chest because he hit her first. Another violation occurred when the facility failed to protect the privacy of an 80 year old resident with dementia when an aide used a cell phone to record him naked from the chest up in a bathroom. These two incidents resulted in citations "immediate jeopardy", which is the worst violation possible.

During the state visit, the Administrator, Sr. Margaret Turner, fired three nursing aides and a licensed practical nurse. The state report indicated that Administrators did not adequately protect residents from abuse or neglect and failed to follow an abuse policy that requires all workers to immediately report abuse allegations to the director of nursing.

This facility has not been without previous problems. Sr. Margaret assumed control of the facility in January 2008. In February 2008, the facility was cited thirteen deficiencies, on of which was a Level 3 "actual harm" deficiency. The facility also had seven deficiencies in December 2006.

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.

People with Alzheimer's disease or dementia have a tendency to wander and, once a person is discovered to be missing, time is critical. One such example is the tragic story of John Tierney. In July 2008, Mr. Tierney and his dog wandered away. He was found in a field on July 13, 2008, several days after wandering away. His dog led rescuers to his body.

Genesee County Sheriff Robert Pickell and the Elder Abuse and Prevention Program have joined together in protecting Michigan's senior citizens suffering from Alzheimer's disease or dementia. With $9,000 in federal grants, 50 GPS devices were purchased. The devices weigh less than two and a half ounces and will clip to the elderly person's clothing. The devices are charged for six hours and can last five days on that power. A website provides caregivers the exact location of the wearer and police and paramedics can also utilize the system in an emergency.

Christopher Mukdsi

In one of the worst neglect cases recently seen, Christopher Mukdsi faces felony murder charges. The neglect was so rampant that officials likened it to "living in a death camp" and it led to the death of Katherine Mukdsi in the June 2008.

Mrs. Mukdsi was found dead in her wheelchair on the front porch of her home in Flint Township, Michigan after her son called 911 to report her death. She had not moved from her couch in eight months prior to her death, but her son carried her outside to wash her down with a garden hose and placed her in a clean nightgown. He then wrapped his mother in a blanket and placed her in a wheelchair on the front port before emergency medical personnel arrived at her home. Her blanket was so caked in urine and feces that it still held the shape of her body when it was removed. She had not bathed in one year and was only allowed to urinate into a coffee cup and defecate into pizza boxes, some of which were still in the house. The 73 year old woman looked like she was 103 years old and had dwindled to just 63 pounds at her death. She was suffering from sepsis caused by feces that had entered into the open sores on her body. Police suspect that Mukdsi placed Mrs. Mukdsi on the front porch hoping that police would not enter the house. Trash was everywhere in the house and empty soda bottles were on tables and the floor. It looked as if trash had not been taken out in months.

An autopsy found sepsis, malnutrition, dehydration, complicating immobility and bed sore ulcers on Mrs. Mukdsi's body. She suffered from malnutrition, dehydration, and bed sores so severe that the skin and tendon were gone and her bone was exposed.

Katherine Mukdsi's son, Christopher Mukdsi, was her caregiver. He had lived with his parents off and on his entire life, but moved in permanently with his mother after his father's death in 2002. He had not worked in 10 years and was living off of his mother's Social Security check, a pension, and a monthly investment check. He spent six days in jail this month on a drug charge after police found cocaine on him while questioning him about his mother's death.

Christopher Mukdsi faces a possibility of life in prison if convicted of the murder charge and an additional four years if convicted of the additional charge of second degree abuse of a vulnerable adult. He was denied bond and remains in jail.

We previously discussed the tragic death of 50 year old Sarah Comer at Metron's Big Rapids, Michigan facility. In January 2005, Ms. Comer died after Metron employees failed to give her the oxygen she needed to live. Eight employees conspired to cover up the circumstances which lead to her death. Those former employees now face criminal charges in Ms. Comer's death.

Attorney General Mike Cox is expected to announce that the independent monitor, that had been appointed to settle the lawsuit that was filed due to Ms. Comer's death, will continue supervision because Metron's standard of care has not substantially improved.

The monitor can inspect any Metron homes without warning and can assess penalities for failing to abide by state standards. Metron has homes in Belding, Big Rapids, Cedar Springs, Forest Hills, Greenville, and Lamont. Since 2005, when the monitor was appointed, Metron has been fined over $300,000. Moreover, the Attorney General and Department of Community Health for the State of Michigan have forced the sale or closed three facilities in Kalamazoo, Bloomingdale, and most, recently, last month in Allegan. At the Allegan facility, in 2007, a resident died when employees failed to provide oxygen that was needed. Recently, Metron's Big Rapids facility has been labeled a "special focus facility" by the Department of Health and Human Services due to serious quality of care problems and failure to improve care.

To read more on this subject, go to State Attorney General's Office Says Monitoring of Metron Nursing Homes Still Necessary.

Two patients at Metron of Allegan in Michigan died from neglect after employees at the facility failed to administer oxygen to them. The date and details of the deaths are unknown at this time. The facility had an identical problem in 2005 when Sarah Comer died from asphyxiation at Metron of Big Rapids when her oxygen tank ran dry. Eight former employees are accused of covering up the death and manipulating the records to give the impression that Ms. Comer received adequate care. The Attorney General's Office filed a civil suit in the matter and criminal charges have placed the Metron facility into state oversight for two years.

In addition to the failure to provide oxygen, which led to the deaths, the facility is also accused of failure to prevent physical and sexual abuse between patients, failure to investigate a patient wandering from the facility, and failure to provide physician prescribed pain medication.

Metron facilities appear to have recurring problems. Metron closed a facility in Kalamazoo in 2006 due to "immediate jeopardy" citations. A Big Rapids Metron facility was found with 26 rule violations in 2004 and nearly lost federal funding, as well as the 2005 death of Sarah Comer, and now two more unnecessary deaths at Metron of Alegan.

A license revocation hearing is scheduled for October 9. Leaders from Metron met on September 24 with state regulators concerning a possible sale agreement.

We recently addressed the abuse of Lillian McIntye after her death in our blog. In a rapid response to the unanimous decision of the Michigan Court of Appeals last week that a dead body is not a person, lawmakers are rushing to rectify the situation. State Representative Steve Bieda announced Monday, August 18, 2008, that he would propose legislation that would modify the existing laws concerning abuse to include people who die in nursing homes.

Abuse is not abuse if the patient is dead? Shockingly, a recent Michigan Court of Appeals decision came to that conclusion. The Court of Appeals unanimously ruled "that because a dead body is not a person, it is not protected under a statute that protects patient abuse in nursing homes".

Lillian McIntyre died at Cherrywood Nursing Home in Sterling Heights, Michigan on October 13, 2004. Nurse aides Tahirah Shakur, Keisa Cooper, and Nichole Jackson were assigned the task of preparing the body for removal. Instead of respecting the deceased, the three women found it amusing to pat Ms. McIntyre's hand and tell her to "wake up". One woman took a photograph of the other two hugging the deceased. They also posed the body with hands in the air, arms behind her head, and bending her knees. The women were fired for their behavior, but alarmingly, the Macomb County Department of Community Health did not revoke their licenses, even though the facility was cited for violation of patient dignity.

Boxing legend Joe Lewis made a living out of abusing his opponents in the boxing ring. The boxing ring is where the abuse for Joe Lewis' family should have ended. However, Joe Lewis' 92 year old sister, Vunies High, experienced her own form of abuse at the hands of the Detroit, Michigan-based Heatherwood, an independent living center. Heatherwood had been providing assisted living services in addition to independent living services for Ms. High, who was an Alzheimer's patient who required extensive assistance due to her failing mental health. In February 2008, Ms. High was allowed to wander unnoticed and unmonitored outdoors into the cold weather. Confused and unable to find her way back, Vunies High died of hypothernmia, which means that her body temperature fell so low that she died. Ms. High's family has filed a wrongful death lawsuit alleging negligence by Capital Senior Living, the operator of Heatherwood, in not monitoring Ms. High, for keeping her as a patient in spite of her compromised mental condition, and failing to arm the emergency exits with alarms.