December 8, 2011

Overmedication of Nursing Home Residents Continues to be a Big Problem

My personal experience as a Missouri Nursing Home Lawyer is that far too many nursing home residents are overmedicated by those responsible for providing quality care. In my job I often meet with residents and their families in nursing homes. On some of those occasions, the residents simply could not wake up. Their eyes fluttered as though they were struggling to wake up and participate in the conversation happening around them. Sadly, the government has determined that my experience is not unique.

The U.S. Department of Health and Senior Services recently prepared a report entitled Medicare Atypical Antipsychotic Drug Claims For Elderly Nursing Home Residents that found that too many nursing home institutions failed to comply with regulations designed to prevent overmedication. It is well known that prescribing antipsychotic medication to elderly residents with dementia is potentially lethal, yet 88% of these individuals receive such prescriptions.

Family members must make certain that they know what medications their loved one is receiving. They must educate themselves on the medications and the proper dosages. They must regularly ask questions of the caregivers and insist upon answers. Family members must know what the possible side effects are and should closely monitor their loved one for any signs of side effects.

Why would a nursing home overmedicate a resident? First, to be fair to the nursing home industry, many times the overmedication is completely unintentional. Elderly residents are more much more susceptible to overmedication than are younger people. The second reason is an indictment of the nursing home industry. Overmedicated residents do complain and are, therefore, easier to care for with a reduced staff. Residents who ask to be taken to the restroom, or who need more water or need help walking down the hallway often require assistance from staff members. When a nursing home operates on reduced staff (as most nursing homes do) drugged residents are easier to manage than those who are alert and active.

If you are concerned about the care your loved one is receiving in a nursing home, call our St. Louis personal injury lawyer David Terry for a free consultation at 1-888-317-2525.

April 7, 2011

The Case FOR Granny Cams: Philadelphia Nursing Home Resident's Abuse Caught On Video

Many jurisdictions prohibit the use of hidden surveillance cameras ("granny cams") in nursing home resident rooms because of employee privacy rights. After reading the article and watching the video associated with this matter, I think granny cams should be installed in every resident room. After all, it is the resident's room.

According to an affidavit of probable cause, Paul French initially went to police in March 2011 to report suspected abuse of his seventy-eight year old mother-in-law, who suffers from severe dementia, while a resident of the Quadrangle Assisted Living Facililty. The woman told her daughter and son-in-law that she was being slapped and punched by facility staff. The victim's family reported the alleged abuse to facility administrators, who informed the family on March 14 that the allegations were unfounded and attributed her accusations to her dementia. But, her family wasn't so sure.

Five days later, visible bruising was found on the elderly woman's wrist and left hand. Rather, than report it to facility administration, the family photographed the injuries and installed a surveillance camera in the woman's room. The camera, disguised as a clock, vindicated the elderly woman three days later.

On March 31, 2011, the camera filmed three employees entering the woman's room as she was dressing. As the woman pulled a shirt over her head, Samirah Traynham, a facility employee was seen grabbing the shirt and putting her left hand under the shirt near the victim's face. Then, she was filmed hitting the woman in the face and head and shoving her onto her bed. Another employee danced around while holding onto the post of the woman's bed. The elderly woman repeatedly tried to escape her attackers. Every time, they pulled her back into her room while mocking and laughing at her while she stood naked from the waist up, trying to cover her breasts.

Paul and Mary French came to visit with her shortly after the attack and the woman was "overly upset and agitated". They took their suspicions to a certified nursing assistant, who confirmed three employees had entered the victim's room - against facility policy. That nursing assistant provided the names of the attackers to police.

Twenty-two year old Samirah Traynham and twenty-one year old Tyina Griffin have both been arrested and charged with aggravated and simple assault, neglect of a care dependent person, reckless endangerment, and harassment. A third "person of interest" is being sought and police expect more charges to be filed in the incident.

Sadly, abuse of defenseless elderly residents at the hands of nursing home employees is more common than you think. The Terry Law Firm has handled many cases involving nursing home abuse and neglect. Some signs to watch for if you suspect your loved one may be suffering abuse or neglect at the hands of nursing home facility staff are:

- Unexplained bruising or crying or other emotional outbursts
- Signs of depression
- Unexplained fear - often of just one individual
- Withdrawal from activities normally enjoyed
- Clinging to visitors or family members

Take time to listen to your loved one and watch their reactions. If you suspect that abuse or neglect may be occurring, contact Illinois and Missouri Nursing Home Abuse Attorney David Terry for a FREE, no-obligation consultation toll-free at 1-888-317-2525 or 314-878-9797.

September 29, 2010

Pennsylvania Nursing Home Resident Has Legionnaires' Disease

Officials at Golden LivingCenter - Walnut Creek, a nursing home in Pennsylvania, are taking aggressive action after a resident was diagnosed with Legionnaires' Disease last week.

According to Leonard Quimby, the Director of Operations for the facility, Legionella bacteria was found in the facility's water. Building disinfection began with hot water being flushed into the facility's pipes throughout the building and bottled water is being distributed to residents.

Legionella bacteria grows well in warm water, such as water found in hot tubs, cooling towers, and large plumbing systems. Those contracting Legionnaires' Disease often get it by breathing in droplets of water or water mist. Legionnaires' Disease is not transmitted through direct contact. Symptoms usually begin two to fourteen days after exposure.

Legionnaires' Disease is a form of pneumonia, so it can be hard to diagnose at first. Signs of the disease can include a cough, high fever, and chills. Some victims may also suffer from muscle aches and headaches. Chest X-rays are needed to find the pneumonia caused by the bacteria, and other tests can be done on sputum (phlegm), as well as blood or urine to find evidence of the bacteria in the body.


September 17, 2010

Convicted Child Rapist Molests Defenseless Nursing Home Resident

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Gary Dettlinger


A convicted child rapist sexually assaulted a vulnerable eight-six year old dementia resident at Golden Living Center in Oakmont, Pennsylvania.

Sixty-five year old Gary Dettlinger reportedly found was on a common area couch with his victim by someone who walked in on the sexual assault. His victim has been hospitalized. Dettlinger, also a resident of Golden Living Center, admitted to sexually assaulting the woman.

According to Golden Living Center staff, they were aware of Dettlinger's 1993 child rape conviction and his registration as a sex offender. Reportedly, facility management increased monitoring and protective custody of Dettlinger while he was a resident at the facility.

Dettlingter remains in the Allegheny County Jail.

While the Terry Law Firm is not involved in this case, we have successfully represented nursing home residents who have been victims of sexual assault and physical assault. For help, call (888) 317-2525.

December 9, 2009

Resident Medical Records Allegedly Altered at Pennsylvania Nursing Home

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.

November 15, 2009

Suicide at Pennsylvania Nursing Home, License Affected

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.

October 25, 2009

Nursing Home Overdose Leads to $125,000 Settlement

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.

October 21, 2009

Pennsylvania Nursing Home Worker Steals $160,000 From Elderly Resident

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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.

October 9, 2009

Report on VA Nursing Home Facility Flaws Leads to Information Ban

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."

October 8, 2009

Former Employees Voice Concerns Over Care at Pennsylvania Nursing Home

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.

October 7, 2009

Pennsylvania Nursing Home Employees Plead Guilty to Abusing Resident

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.
September 23, 2009

Pennsylvania Veterans Home Conditions Considered "Dangerous" To Residents

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.

September 18, 2009

Pennsylvania Nurse Aide Fired for Verbal Abuse

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.

September 8, 2009

Pennsylvania Nursing Home Worker Accused of Stealing Morphine, Flees the State

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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.

August 9, 2009

Death By Cereal - Pennsylvania Nursing Home Death Under Investigation - UPDATE

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.


August 7, 2009

Pennsylvania Care Home Owner Faces Neglect Charges

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.

August 3, 2009

Pennsylvania Nursing Home Sued for Wrongful Death of Resident

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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.

June 16, 2009

Pennsylvania Nursing Home Loses License

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.

June 10, 2009

Death By Cereal? Pennsylvania Nursing Home Resident's Death Under Investigation

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.

June 2, 2009

Pennsylvania Nursing Home Owner Banned From Facility

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.