Nursing Home Abuse Lawyer Blog

Seventy-seven year-old Gene Cable was admitted to Scottsdale Manor nursing home in November 2008 and died six days later. His daughter, Rita Wilson, requested copies of his medical records and was shocked at what she found.

After reviewing the records, Wilson found a Medicaid reimbursement form that purported to have her signature on it. Wilson did not sign the document. According to Wilson, also found nurse's notes that showed that her father got up to use the restroom "when he was dead. And he was continent. That means he physically got up and went to the bathroom when he was dead."

After she took her complaints to the facility administrator, Brian Bazylak, the facility investigated and took disciplinary action against the employee who forged Wilson's name and against the employee who entered inaccurate nursing notes.

Loretta Benzel made suicidal threats at The Willows, the Pennsylvania nursing home she resided at, on September 19, 2009. According to a recent Pennsylvania Department of Health report, facility staff failed to act on her threats for five days. On September 24, 2009, the eighty-nine year old woman committed suicide by crawling out her third floor window and falling 32 feet to her death.

The license of the Presbyterian SeniorCare nursing home has been downgraded to a six month provisional license as a result of Ms. Benzel's death.

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.

Alvin Greenberg was a fifty-eight year old disabled man suffering from dementia at the time he resided at Green Acres Rehabilitation and Nursing Center in Wyndmoor, Pennsylvania in October 2005. During this time, Greenberg was given ten times the proper dose of Zyprexa by nursing home staff.

On October 15, 2005, Greenberg's physician spoke to a facility nurse and reportedly prescribed 2.5 mg of Zyprexa to help ease Mr. Greenberg's erratic behavior. The nursing home contends that Greenberg's physician prescribed 25 mg of Zyprexa.

On October 16, 2005, the nurse who received the medication order wrote the telephone order for 25mg of Zyprexa and Mr. Greenberg was given 25 mg of Zyprexa on October 17 and October 18, when it was determined that Mr. Greenberg had overdosed.

An attorney for the Green Acres facility defended his client saying that the nurse administered the prescription exactly as it was prescribed for their resident - 25 mg not 2.5 mg. Reportedly, the nurse maintains that the prescribing physician gave the order and she repeated it back to him verbatim so he could confirm the dosage. Importantly, the physician for the facility later signed the order without making any corrections.

The prescribing physician's attorney counters that he would never have prescribed 25 mg of Zyprexa, instead of 2.5 mg, because he knows that the recommended beginning dose of that medication is 2.5 mg for that medication. The physician's attorney went on to say that the nurse made a mistake when she failed to immediately write down the dosage amount. The physician did admit to signing the order for 25 mg of Zyprexa, but gave the excuse that he regularly receives "stacks" of orders from the Green Acres facility.

Mr. Greenberg fell unconscious and was rushed to the hospital. There, he was placed on a breathing machine to assist in his recovery. Mr. Greenberg's attorney alleges that the Zyprexa overdose caused a "domino" effect of injuries resulting in staph pneumonia which subsequently caused empyema, which is an abscess in his chest cavity near the thoracic spine. The empyema then caused an antibiotic-resistant infection, which subsequently required bones to be removed from Mr. Greenberg's mid-back. As a result, a steel rod had to be inserted into his back and caused Mr. Greenberg to become wheelchair dependent for the rest of his life.

A jury found Green Acres fully liable for Mr. Greenberg's injuries and awarded Mr. Greenberg $125,000. The prescribing physician was determined to be negligent, but reportedly the negligence did not cause Mr. Greenberg's injuries.

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.

Michelle Connors

From November 2006 until September 2008, Michelle Connors held the Power of Attorney for Mary O'Connell. Connors had met and became friends of Ms. O'Connell, an elderly nursing home resident, while employed at the skilled nursing facility at which she resided. During that period of time, Connors managed to steal over $160,000 from Ms. O'Connell and purchased numerous items for herself using Ms. O'Connell's money, including a camera, computer, and a mobile telephone. Reportedly, Connors also made multiple withdrawals, including a $5,000 withdrawal which she used for roof repairs.

Connors also allegedly withdrew $10,000, which she stated she was using to pre-pay Ms. O'Connell's funeral. After paying for the $7,110 funeral, the excess funds were never returned.

Connors was arrested and arraigned on two felony counts of theft by unlawful taking and receiving stolen property and currently out on bail. A preliminary hearing is set for November 18, 2009 in Schuylkill County District Court in Pennsylvania.

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.

We discussed the poor conditions at a Pennsylvania Veterans Administration nursing home facility in a previous blog. Among the problems cited, a veteran who had to have his leg amputated after an infection went untreated so long that the leg developed maggots, blood-stained floors, fly infestation, and life-threatening treatment of veterans dependent on tube feeding.

Now, the U.S. Department of Veterans Affairs has effectively refused to release any similar reports nationwide in an effort to avoid criticism. In a directive dated Friday, September 25, 2009, Washington, D.C. VA officials advised local agency officials that inspections reports are not to be released to the public and those reports are considered "protected" documents and are not subject to release under the Freedom of Information Act.

According to U.S. Representative Joseph Sestak (D), withholding such documentation "only adds to the perception that the VA does not take the principles of accountability seriously. If the VA is unable to provide this necessary reform at the administrative level, legislation must be introduced."

Former staff members of Fox Subacute, a nursing home specializing in ventilator patient care in Mechanicsburg, Pennsylvania, contacted CBS 21 News voicing serious concerns about the safety and welfare of residents of the facility.

The former employees even had photographs to prove their allegations. The photographs depicted biohazard bags on the floor in a trash-packed utility room and dirty toilets and floors. The former employees also filed an OSHA complaint.

The facility has approximately 21 residents, but has capacity for 60. Back in August 2009, the Pennsylvania Health Department found the facility to be noncompliant with respect to handling of records and residents not getting snacks on time. The Health Department report also found that food was improperly stored and the medication cart was improperly stored in the hallway.

CBS 21 News talked to the facility Administrator, Joseph Murray. Murray says the allegations of the former employees are unfounded and that the employees did not "get along" with their supervisors, saying, "Everybody has disgruntled employees. I don't know exactly what the issues are with those people."

Murray says that the residents' food is brought in from Harrisburg Hospital and he is requesting permission from the Health Department to store the locked medication carts in the hallways due to limited room in the one year-old facility. Murray allowed CBS 21 News to take a limited tour of the facility, showing the reporter the hallways, kitchen area, and TV room, which appeared clean.

Karen Perry and Shelly Keene, former employees of Kane Regional Center in Glen Hazel, a Pennsylvania nursing home, pleaded guilty to reduced charges for their roles in abusing a 94 year-old Thelma Bryant, an Alzheimer's resident at the facility, who has since died. Perry pleaded to a summary charge of harassment for yelling at the resident. Reportedly, Perry harassed Ms. Bryant by telling her that she had slept with her husband. Witnesses said that she hit Ms. Bryant in the forehead and threw an orange at her. Keene pleaded to one count of simple assault. Witnesses allege that Keene hit Ms. Bryand in the forehead. Both women received probation. As a condition of the probation, neither woman can seek a job working with the elderly. All charges were dropped against Shalaya Hatten due to lack of evidence. Hatten alleges she was on vacation at the time she was accused of abusing Ms. Bryant and has sued the county over the allegations.

After a Freedom of Information Request, the Pittsburgh Tribune Review recently received a year- old report concerning living conditions at the Philadelphia Veterans Affairs nursing home. The report, which included horrible details of patient neglect, such as one male resident with black toes and maggots falling out of his foot, prompted massive changes at the facility.

VA spokesman Dale Warman said, "This situation occurred more than a year ago. Leadership took swift action to correct these problems and insure the staff at the nursing home is competent, dedicated, and ready to care for America's veterans." Since the report was issued, the nursing home has purchased new equipment, began a $10 million renovation, and brought in wound care specialists.

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 online at www.nursinghomejustice.com.

St. Mary's at Asbury Ridge, a nursing home facility located in Erie, Pennsylvania, is now operating under a provisional state license due to a nurse's aide who reportedly verbally and emotionally abused at least a dozen patients over a series of months.

The abuse began in late 2008 and was not discovered by the facility under February 2009, when they suspended and later fired the employee.

The facility Administrator said that the aide's comments were not threatening, just rude.

Stacey Lint

Stacey Lint, 38, disappeared for eight months after charges were filed accusing her of stealing liquid morphine from the residents she cared for at the Bridges at Bent Creek Assisted Living facility in Silver Springs Township, Pennsylvania. She allegedly stole the morphine and other prescription drugs to satisfy her own habit, replacing the morphine with water.

She fled Pennsylvania after charges were filed and was captured in Kentucky just a few days ago. She appeared in Cumberland County Court on September 2, 2009 and was released on $2,000 bond.

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.

We discussed this tragic situation in previous blogs.

On October 8, 2008, allegedly Alvador Thompson, a nurse's aide at Cambridge-Brightfield Assisted Living/Hospice Care Center in Pennsylvania, poured scalding hot Cream of Wheat cereal down the throat of Ronald Myers, a facility resident who was totally dependent upon others for his care and was unable to speak. The cereal was so hot that it scalded Myers' mouth and esophagus and he was unable to eat any longer. After a delay in obtaining treatment, Myers was hospitalized suffering from second degree burns and died two weeks later.

County Coroner Walter Hofman reviewed Myers' medical records and the ensuring investigation report and ruled the death a homicide.

Thompson pleaded guilty to involuntary manslaughter in connection to Myers' death on Thursday, August 6, 2009. She faces a maximum sentence of two and a half to five years in prison and a fine of $10,000.

Currently, Thompson is a caretaker for an elderly patient, who is aware of the incident and wants to keep Thompson as her caretaker.

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.

Sixty-two year old Carol Kyle faces neglect charges in connection to an elderly dementia resident for whom she cared. Kyle was charged with neglect of care of a dependent person, recklessly endangering another person, and assault. A preliminary hearing is scheduled for August 10, 2009 at 10:00 a.m. in before District Judge Douglas Bell.

Eighty-two year old Nona Meyers had been cared for at Kyle's unlicensed personal care facility since 2006. In Pennsylvania, care facilities allegedly do not have to be licensed if there are fewer than three people being care for. Meyers suffered from the early stages of dementia and was unable to communicate and could not eat, use the restroom, walk or dress without assistance. Kyle received $850 per month for her services.

On May 11, 2007, Kyle took Meyers to the hospital, sat her in a wheelchair, handed insurance cards to a nurse, and said, "She needs to go to a nursing home." Kyle allegedly turned around and left without providing any medical history or information on Myers' condition. Additionally, Kyle failed to notify Meyers' family members.

Hospital staff found Meyers was suffering from bed sores on her left and right heels, left hip, buttocks, and back. She was also suffering from blood poisoning due to the severity of her wounds. Hospital staff told police that the bed sores would have taken eight to ten weeks to reach that level of severity.

The Area Agency on Aging paid a surprise visit to Kyle on May 25, 2007. During the interview, Kyle denied seeing black skin, green seepage, or odor for any of the areas affected by bed sores on Meyers. She also denied that Meyers' hip bone protruded due to the sores. Kyle maintained she was treating Meyers' bed sores and that she moved Meyers and propped her up to alleviate pressure on the affected areas. Kyle failed to tell Meyers' daughter about the sores on her buttocks and hip because she believed that the sores occurred due to rolling Meyers to alleviate pressure.

Meyers died on July 3, 2007.

Kyle is no stranger to trouble when caring for dependent adults. In 2003, she pleaded guilty to two counts of neglect of care of a dependent person and theft. According to reports, Kyle refused to take a care patient with a fractured vertebrae for treatment and waited prior to seeking treatment for bruising and swelling on another patient's arm. She also ordered $2,700 in incontinence products for patients who did not need them, instead using them on other patients. She was sentenced to probation in 2001.

In 1999, Kyle's husband, Norman Kyle, pleaded guilty to two counts of unsworn falsification to authorities. On an application to operate a personal care home, he indicated that he had never been convicted of a felony when in fact he had been convicted of second-degree murder in Maryland in 1979. He received two years' 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.

We discussed Edward O'Neil and the Village at Luther Square in previous blogs.

A wrongful death lawsuit has been filed in the death of Edward O'Neil in July 2008 at the Village at Luther Square in Pennsylvania. The suit seeks more than $50,000 in damages and alleges negligent care on the part of the facility. The lawsuit's allegations include failure to provide visual checks and appropriate restraints, failure to provide anti-tipping precautions, and failure to provide adequate supervision.

On July 5, 2008 around 9 p.m., Edward O'Neil was sitting in his wheelchair near a nurse's station, secured with a soft restraint. Around midnight, Mr. O'Neil was found tripped forward on the floor while still attached to his wheelchair. He had a large cut on his forehead, a bloody nose, and a skin tear on his elbow.

Mr. O'Neil was taken to the hospital, where he was diagnosed with a ruptured blood vessel in the brain and a fractured neck. He died from his injuries two days later on July 7, 2009.

The nursing home's investigation into the incident found that Mr. O'Neil suffered the neck fracture prior to his accident. The state investigation into the incident determined that the facility's Director of Nursing "revealed that anti-tipping devices were not used" and "the nursing staff failed to assess the safety of applying a waist restraint".

No court date has been set.

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.

Whispering Springs nursing home facility has lost its license after a recent facility inspection revealed violations that included expired medications, rodent feces, and failure to evacuate all residents during a fire drill. The Pennsylvania Department of Public Welfare found 33 violations in a March 2009 inspections, 12 of which were a repeat of violations uncovered in 2008.

According to the Department of Public Welfare, violations at Whispering Pines nursing home included:

- A large amount of rodent feces found on the floor and pantry shelves at the facility;
- A fire alarm system malfunctioned, displaying five trouble codes. Two fire extinguishers were not charged and one resident was left behind during two fire drills, according to inspectors.
- Expired medication was found, improper documentation of medication, unaccounted for pills, and unrefrigerated insulin; and
- On several occasions in February 2009, the sole staff member on duty was not certified in first aid, as required by law.

Julia Harris is the facility's President. Harris said that she "has been assured that all cited violations have been corrected", but feels that the report did not accurately reflect what happened during the fire drills. According to Harris, "A specific resident of the facility refused to participate and evacuate the building." Harris said that facility staff documented the resident's refusal to leave, but tried to explain the situation away by saying, "Whispering Pines is a very good home. But, as usual, DPW makes up new rules and each inspector looks at them differently."

The owners of Whispering Pines is appealing the decision and the facility is allowed to operate during the appeal process. However, the facility has been forbidden to accept any new residents during the appeal process.

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

On October 8, 2008, a 79 year old resident of Cambridge Brightfield Personal Care and Hospice in Lansdale, Pennsylvania was fed hot cereal for breakfast by nurse aide, Alvador Thompson. The man was non-communicative, bedridden, and suffering from end-stage Alzheimer's dementia and required assistance with activities of daily living.

Later that morning, a facility supervisor noticed that the resident appeared to have a torn and infected upper lip and questioned Thompson as to whether or not she knew how the resident had gotten the injury. Thompson replied that she did not know. By Noon that day, the man's lip was blistered and swollen and he was transported to Central Montgomery Medical Center and admitted for treatment. The resident's injuries were reported to police on October 9, 2008, one day after the injury. Detective John Ciarello visited the resident in the hospital on October 10 and observed severe burns and blistering on the man's upper and lower lips and tongue.

A witness told authorities that she saw the man trying to push away the cup of hot cereal. Thompson, who had on-job training regarding proper feeding of residents, did not report the incident or seek any medical treatment for the man after the incident.

The resident was later released from the hospital and went home to continue with hospice care. He died on October 23, 2008.

Because the man's private physician certified that the man's death resulted from malnutrition due to natural causes, the death was not reported to the coroner's office nor was an autopsy performed prior to burial. The county coroner's office is now set to exhume the man's body with the blessing of his family to examine the nature and extent of the burns. County Coroner Walter Hofman was notified of the pending criminal investigation and reviewed the man's medical records. He issued a coroner's death certificate listing a dual cause of death - complications of burns of oral mucosa, tongue and throat and Alzheimer's dementia.

Once the body is exhumed and an autopsy performed, if the coroner determines that the man died from the burns experienced on October 8, 2008, then the incident will be classified as a homicide and Thompson will face charges for homicide. Thompson, who was arrested in December 2008, is currently charged with aggravated assault, neglect of care-dependent person, simple assault, and reckless endangerment. She remains free on bail awaiting a repeatedly postponed preliminary hearing.

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 Pennsylvania Department of Welfare is trying to shut down Bon Venue personal care home located in Hampton, Pennsylvania. The owner of the facility, Scott Gordon, has been cited with numerous problems, which include insufficient food and financial issues. Gordon was physically barred from the facility in May 2009 and has been denied access to its financial records. Gordon faces criminal charges for forgery. In March 2009, Gordon presented a $22,102.53 check from the account of Joseph Summa, a resident at the facility, at PNC bank. Mr. Summa, who is unable to care for himself, maintains a checking account with his sister, Kathy Summa. A PNC employee contacted Mr. Summa's sister and advised her that the bank suspected fraudulent activity on the account. Gordon had signed Mr. Summa's name to the back of the check; bank officials discovered the forgery when attempting to verify signatures. Ms. Summa contacted police. First, Gordon told investigators that it was a mistake and that he believed Mr. Summa's account held VA money owed to the facility. Mr. Summa is not a military veteran and eventually Gordon admitted to the forgery to cover payroll and facility expenses. The Summa's account had a balance of $42.81 when Gordon presented the check to the bank. The Pennsylvania Department of Welfare banned Gordon from the facility and is currently running the facility. Since May 17, 2009, 53 residents have left Bon Venue. According to Debbie Luft, the overnight supervisor at the facility, there is little food and no money to buy more. Some employees have not been paid since early May. Several violations cited by the Welfare Department have gone unrepaired, including having locks on the doors to keep residents from leaving. The locks, which were supposed to be fixed, remain in place and the facility has begun to accrue a daily fine of $405. Luft says a roof leak flooded the third floor dining room and she has see mice in the kitchen on the second floor. The facility has almost run out of milk, has no bread, and very little laundry detergent. Luft and six other employees have vowed to stay at the facility to help ensure the safety and care of the remaining residents. Gordon, who purchased the facility in July 2008, runs the facility as a for-profit company. He is a former licensed nursing home administrator who has owned at least three other personal care homes in Pennsylvania. Allegedly, he has owed the IRS over $1 million in tax liens since 2001.

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.

Linda Sullivan has been charged with stealing approximately $40,000 from three residents of Loving Care Nursing Facility in Selinsgrove, Pennsylvania. Sullivan, believed to be the acting vice president of the facility as well as the wife of the facility president, faces charges of theft by unlawful taking, theft by failure to make required disposition of funds, theft by deception, misapplication of entrusted property, and securing the execution of documents by deception.

Sullivan allegedly obtained power of attorney for a male resident at Loving Care Nursing Facility, who had recently inherited a large sum of money. On April 16, 2007, Sullivan allegedly wrote a check to the nursing home for $10,000. In September 2008, she allegedly used the resident's money to purchase a $21,000 van. Sullivan signed the checks to purchase the van, the van title was issued in her name, and she used the van for personal use. After the Department of Public Welfare investigated complaints, Sullivan transferred the title of the van into the resident's name, even though he had no driver's license. Sullivan is also charged with purchasing furniture for two other residents in July 2008 and making them pay for it.

"We want to stop financial abuse and exploitation of the residents," stated Snyder Count District Attorney Mike Sholley. As a result, both Sullivan and the Loving Care facility are being charged with crimes. When calls were made to the facility for comment, an employee declined and immediately hung up the phone.

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.

The State of Pennsylvania is closing Specialty Lifecare Services, formerly known as White Star at Napoleon Place, in Johnstown, Pennsylvania. The facility lost its license after deficiencies dating back to 2007 were found and allegedly not resolved. The deficiencies appear to date back to former Administrator Debra Zilch. In addition to operating as the facility Administrator, Zilch was also minority owner in the facility. She allegedly stole a 91 year old resident's checkbook and wrote $50,600 in checks for personal use. She remains free on bond.

Around the time that Zilch was removed from her position, the facility was notified that its license would not be renewed. That decision was appealed and during the appeal process, the facility hired a new administrator and nursing director to address the problems. Unfortunately, the new Administrator did not meet state Administrator regulations. Moreover, serious medication errors were alleged and the State of Pennsylvania learned that a bank was putting liens on residents' payments to the home because Specialty Lifecare reportedly was not paying its mortgage.

The twenty-eight residents involved must find new facilities immediately.

Olive Shaffer moved to Harmon House on April 30, 2003, to continue her recovery from a broken pelvis she suffered in a fall at home. In June, while at the facility, she fell several times and her family alleges that facility staff made insufficient efforts to prevent her from falling. On July 15, 2003, Ms. Shaffer fell twice more, causing catastrophic injuries, including brain swelling. She died on July 22, 2003 from injuries sustained in those falls.

Ms. Shaffer's family is alleging inadequate care led to Ms. Shaffer's death. The family is also accusing facility workers of falsifying records and violating internal policies.

Attorneys for the facility justified their actions by stating "Ninety year old women fall. Things happen, falls happen. Falls are not preventable. The only way to prevent it is to tie them up and the law doesn't allow that."

The trial is expected to last approximately eight days.