October 13, 2009

Virginia Nursing Home Faces $32.5 Million Wrongful Death Lawsuit

On March 21, 2008, eighty-four year old Lorina Wiggins had lived at Ruxton Health skilled nursing facility for approximately one year. That day, Ms. Wiggins was transported to Sentara Williamsburg Regional Medical Center for treatment of infected sores on her body. She passed away on March 28, 2008.

A wrongful death lawsuit filed by her son, Bob Wiggins, alleges that an infected sore on Ms. Wiggins' left ankle that was diagnosed on December 27, 2007 led to her March 28, 2008 death. The wound was so deep that Ms. Wiggins' bone was exposed. The wound was one of seven wounds she developed between August 6, 2007 and February 25, 2008. Ms. Wiggins was a high-risk for sores and required repositioning every two hours to prevent wounds from forming.

Additionally, the lawsuit alleges that Bob Wiggins was not informed about the infected wound or other wounds between January and March 2008. Reportedly, Mr. Wiggins was told by staff members that his mother was "doing fine" and had "no problems" when he called the facility for updates.

Ruxton Health has had two other lawsuits filed against them in one year, as well as twenty-eight complaints of patient neglect between January 2006 and April 2008.

A wrongful death case was filed on behalf of Lillian Funn after her 2008 death from multiple bedsores. The case settled in April 2009.

Earlier this year, in August, another wrongful death lawsuit was filed on behalf of Roper Houston, who died in 2007. Mr. Houston, who suffered from mental retardation, was taken to a hospital for assessment after blood was found in his urine. Facility staff neglected to advise the hospital that Mr. Houston fell out of bed and struck his head. That case is still pending.

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

September 1, 2009

National Health Care Nurse's Aide Indicted for Sexual Battery

James W. Wright has been indicted on four counts of aggravated sexual battery of a resident after an investigation into the treatment of another resident from 2000 to 2007 uncovered abuse. He is being held without bond.

Wright was a nurse's aide at National Health Care nursing home in Bristol, Virginia. A former nurse at the facility witnessed Wrights abuse of a resident when she looked into the resident's room and found the woman in her wheelchair with her shirt and bra shoved high on her chest. Wright allegedly was standing behind the woman reaching around to fondle her breasts. Davenport alleges that Wrights abuse of residents was not a secret at the facility and that "when I talked to the rest of [the nurses], they said this has been going on for years." Wright's co-workers allege that facility management was lackadaisical toward the abuse violations.

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 18, 2009

Virginia's Waddell Nursing and Rehab Center Firings: Employee Alleges Cover-Ups

We discussed Waddell Nursing and Rehab Center in previous blogs in connection with alleged patient abuse. At least one employee of the facility was recently arrested in connection to inappropriately photographing facility residents in various stages of undress.

Now, the Galax, Virginia facility is in the news again in connection to the firing of one of the whistleblowers. Melissa Reeves was terminated on Wednesday, August 12, 2009 for allegedly failing to let her employer know about the alleged abuse. In the termination letter Reeves received, Reeves was terminated for "failure to appropriately and correctly report an incident or event that could adversely affect the rights and privileges and safety of our residents."

Reeves alleges she was the first to report the naked photographs of the residents. She said she and a co-worker wrote a note concerning the abuse and slid it under the facility Administrator's door. They did not sign the note due to fear of retribution. Allegedly, failing to sign the letter cost Reeves her job.

Reeves believes that she was terminated because James Wooddell allegedly knew of the abuse. "He lied about it and said he didn't know anything about it. When in fact, I knew that he did, because I left the letter there under the door. He was telling all his staff, 'well if I'd only knew about his earlier I could have done something to stop it', well he did know."

August 1, 2009

Arrest in Case of Employee Who Photographed Naked Residents

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We discussed abuse allegations at Waddell Nursing and Rehabilitation in Galax, Virginia in a previous blog.

On Friday, July 31, 2009, twenty-nine year old Sharon Ann Walker, a facility employee, was arrested in connection to an anonymous complaint received by the Department of Social Services accusing an employee of the facility of taking photographs of residents without consent; the photographs were described as pornographic. Walker has been charged with two counts of knowingly and intentionally videotaping or photographing a non-consenting person while that person was nude or in a state of undress. Allegedly, Walker took photographs or videotaped more than one nursing home resident between April 1, 2009 and July 15, 2009 and shared those pictures with other people.

Walker has been released on bond pending her arraignment. The Galax Police Chief Rick Clark says an additional arrest is anticipated.

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

July 31, 2009

Multiple Allegations of Abuse at Virginia Nursing Home, Investigation Continues

WSLS-10 reports that the Galax Police Department and Department of Social Services are currently investigating multiple allegations of abuse at a local nursing home.

The Waddell Nursing & Rehab Center in Galax, Virginia is under investigation for abuse allegations and, according to Jim Wooddell, the facility Administrator, two employees have been terminated. He further stated that while there was no evidence of physical abuse, he did find evidence of resident rights violations.

Galax Police Chief Rick Clark says arrests will be made soon. We will keep you informed on this developing story.

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 7, 2009

Sexual Assault at Virginia Assisted Living Facility Ends in Huge Verdict

The owner of a Newport News, Virginia assisted living facility was hit with $750,000 damage verdict after charges were brought against a former CNA who was accused of sexually assaulting a mentally disabled man. Cote De Neige Home for Adults and its owner, Rose Potter, faced a lawsuit brought by 55 year old man's sister. The man suffered permanent internal damage and will need additional medical care.

The lawsuit accused the facility and Potter of failing to exercise "reasonable care" when they hired the CNA, Junious Boyd Batten. Batten had been charged with thirteen criminal offenses before and during the time he worked at the facility. He was found guilty of four: public intoxication, contempt of court, and two assault and battery charges. The lawsuit alleged that the facility "knew or should have known that (Batten) was unfit, unsuitable, untrustworthy, and incompetent for the position...and was likely to cause injury and harm to residents".

On May 28, 2009, a jury awarded compensatory damages of $500,000 and punitive damages of $250,000. The facility has since been closed, but the punitive damages cannot be wiped out, even if the owner files for bankruptcy.

Batten has been charged with five forcible sodomy charges, three carnal knowledge counts, and one abuse and neglect count involving the victim between late 2006 and mid-2007.

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

June 4, 2009

Virginia Nursing Home Worker Accused of Sexual Assault

On May 27, 2009, police were called to Manassas Nursing Home and Rehab after a 72 year old resident reported a sexual assault. After an investigation, Homer C. Valdez, 35, was arrested and charged with object sexual penetration. No other details are available at this time and he is being held without bond. Valdez is an employee of the facility and has been suspended from employ pending the outcome of the court case. Facility officials refuse to divulge in what capacity Valdez was employed.

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 on our website at www.nursinghomejustice.com.

November 29, 2008

Virginia LPN Pleads Guilty to Sexual Assault

We discussed the sexual assault of a 43 year old comatose patient in our previous blog. Mark Albright, a former licensed practical nurse at the facility, pled guilty to the sexual assault and faces up to 20 years in prison when he is sentenced in March 2009. Albright was discovered with his mouth on the woman's breast when another employee entered her room.

October 21, 2008

Nursing Home Aide Charged with Sexual Abuse of Coma Patient

Mark Albright, a former employee of Chesapeake Health and Rehabilitation Center in Chesapeake, Virginia, was recently indicted on a charge of aggravated sexual battery of a 43 year old comatose patient at the facility. A police affidavit states that a female employee entered the patient's room to perform nightly medical duties when she observed the suspect with his mouth on the woman's breast. The patient had been a resident at the facility for approximately one year.

August 17, 2008

Inattention Leads to Nursing Home Resident's Death

Richard Eddie Robertson, a 71 year-old resident of Bowling Green Health Care Center in Bowling Green, Virginia, suffered from dementia. On August 3, 2008, he wandered away from the facility, unnoticed. He was reported missing around 6:30 p.m. on August 3, 2008. The Caroline Sheriff's Office, with the assistance of other local authorities, began an air and ground search, which failed to locate him. A tracking dog had tracked him approximately one-half of a mile away from the facility, but the trail went dead.

Tragically, Mr. Robertson was found dead on August 15, 2008 - nearly two weeks after he went missing. The cause of death has yet to be determined.