We discussed unauthorized cell phone use at Pigeon Forge Care and Rehabilitation Center in previous blogs.
According to a report from the Tennessee Department of Health, the photographs and videos were discovered on April 2, 2009, after a cell phone was left at a Tennessee restaurant. A restaurant worker turned on the phone while attempting to determine its owner and recognized one of the photographs as being a resident at Pigeon Forge Care and Rehabilitation Center. The phone was then given to a family member employed at the facility. The family member turned the phone in to the facility's Director of Nursing, who, after seeing the photos and videos, gave it to the facility Administrator. Administrator Jon Bowers immediately fired the CNA to whom the phone belonged and gave the phone to the Tennessee Bureau of Investigation. A second CNA was later fired and two other who were believed to have been involved had already left the facility's employ.
The Tennessee Department of Health (TDH) investigated the facility between April 2 and May 11, 2009. TDH determined that the facility failed to protect its residents from unauthorized photographs and videos and compromised their dignity, privacy, and safety from abuse and suspended new admissions to the facility effective May 26, 2009. That suspension was lifted on June 3, 2009 after the facility proved it had corrected the deficiencies.
In all, twelve residents appeared in 47 photographs and 27 videos. The residents involved were moderately to severely impaired cognitively. Two of the residents have died and one was discharged. The remaining residents were interviewed multiple times and "could not recall pictures or video/audio clips being made of them". The videos and photographs were taken between July 2007 and March 2009 and depicted:
- Photo of a male resident sitting nude in a shower chair with a string of beads around his neck;
- Photo of a female resident sitting on a bed wearing only a brief and a hat;
- Photo of a female resident wearing a bib. This resident was also viewed in additional
photographs wearing a feathered mask, strawberry-shaped sunglasses, and a wicker basket
on her head;
- Photo of a male resident lying nude on the floor;
- Photos of a resident being fed "wearing a bib and food running down (his) chin and neck";
- Video of a dentureless resident eating a cookie;
- Video of a resident lying in bed with one hand down his pants;
- Video of a resident in a wheelchair using a broom in a rowing motion;
- Video of a resident moaning in bed while being shaken by two CNAs, attempting to get him to make a certain noise;
- Video of a CNA repeatedly telling a resident "I love you" and trying to get the resident to say
it back; and
- Videos of residents being fed or attempting to feed themselves.
The CNA owning the phone admitted to taking the photographs and videos of the residents and told investigators, "I just think of them as my babies and the pictures were for my memories...I didn't intend to hurt anyone...I guess in hindsight, I probably should not have taken them, and I meant to delete the ones that are nude." The CNA denied ever sending the photos and videos out over the internet, but did show the photos to fellow employees and a family member. The CNA "never dreamed the phone would be lost and someone would find it and see those pictures. I see how it could really hurt the family members."
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.
