November 20, 2008

Alzheimer's Patient Killed by Train

George King, Sr. was a resident of Heartland of Charleston Nursing Home in Charleston, West Virginia. Mr. King, 73, as an Alzheimer's patient suffering from dementia and required assistance daily. He was reported missing on October 25, 2008. Police found his body on October 26, 2008 near train tracks. He had been hit and killed by a CSX train.

His family has filed a wrongful death lawsuit alleging that Heartland of Charleston failed to properly monitor Mr. King. The suit alleges that "George King Sr. could not care for himself or be allowed to walk outside the facility and the staff of the facility at Heartland of Charleston was aware of this fact". The suit also alleges that facility workers failed to follow protocols for missing residents, failed to adequately supervise Mr. King, searched for him in the wrong area (because he was confused with another resident who had left the facility on a prior date), and and failed to utilize all available resources to locate him.

November 19, 2008

New York Nursing Home Fined in Death of Elderly Resident

The Crossings, a nursing home facility located in Minoa, New York, was hit with a $13,300 fine from The Centers for Medicare and Medicaid for substandard quality of care.

On October 15, 2007, an elderly 89 year old resident was served blueberry pancakes and sausage for dinner. A nurse's aide cut the meal into bite-sized pieces for the resident. Shortly thereafter, the aide noticed the woman's mouth was open, she was not breathing, and her lips were blue. The aide failed to call a "code blue", which is an announcement that alerts facility staff to the emergency and calls them to assist. It also is designed to activate the 911 system. Tragically, the aide also did not begin the Heimlich maneuver. An LPN who arrived at the scene did not perform either of the procedural steps. The registered nurse supervisor who came to assist also did not immediately call a "code blue" or 911.

The woman was subsequently taken to a hospital, where she died. An ensuing investigation revealed that the staff had not been properly trained on "code blue" drills, which put all residents in immediate jeopardy and placed the residents in harm's way.

November 18, 2008

Illinois Nursing Home Owner Pleads Guilty to Neglect

On September 11, 2002, at patient from Pavilion of Forest Park was transported via ambulance to the emergency room, where hospital staff discovered a large area of decubitus ulcers. The patient, Shirley Massey, 48, subsequently died from her wounds.

In September 2005, a Cook County Grand Jury indicted companies, Forest Park, L.L.C. and Care Centers, Inc., doing business as The Pavilion of Forest Park and Jason Garti, the facility's former medical director and wound care doctor with multiple charges of gross neglect that led to Ms. Massey's death.

On November 18, 2008, the corporate owner of the nursing home plead guilty to the charges and was ordered to pay a $25,000 fine and $75,000 in investigation and court costs.

The nursing home was sold to another company in July 2007.

November 16, 2008

Iowa Nursing Home Hit With Massive Fine

Friendship Manor, a nursing home facility in Grinnell, Iowa, was hit recently with one of the largest fines ever imposed against an Iowa nursing home - $112,650.00. The history of events leading up to the levy of the fine is tragic.

Ruth Louden was an active 89 year old woman, who lived alone in an apartment in Grinnell, Iowa. She still drove herself and had recently returned from a trip to California, where she traveled by herself to visit with her daughter. Unfortunately, on February 16, 2008, she fell at home, injuring her left ankle. The injury? A minor bone fracture. While any injury would be serious for a woman of her age, Ruth's injury was relatively minor and did not even require a cast. Instead, doctors put her leg in a medical stocking and a brace and sent her to Friendship manor for short-term therapy. Friendship Manor was where things began going wrong.

The staff at Friendship Manor had written orders to monitor the circulation in Ruth's leg and to check her skin every shift for signs of redness or swelling. Ruth complained to facility staff of "horrible" and "excruciating" pain for the next four weeks. The staff provided Ruth with pain medication but never pulled back her stocking to examine her leg and never evaluated the cause of the pain.

On March 20 - a month after Ruth's fall - a physical therapy aide noticed that Ruth's leg smelled like "rotting meat". Blood was seeping through the stocking. Ruth was taken to the hospital and physicians there found that the wound dressing that had been put on a month earlier looked like it had never been touched. Ruth was diagnosed with gangrene and doctors wanted to amputate her leg. It was her leg or her life. Ruth's leg was amputated below her knee, however, she died on June 24, 2008.

Iowa's Department of Inspections and Appeals investigated and found that during Ruth's stay at Friendship Manor - 25 days - no one ever removed her stocking to check her leg and no physician ever examined her. Sadly, Ruth's doctors told state inspectors that Ruth's bone fracture was nearly "nonexistent" and that her amputation was avoidable. The owners of the facility were fined $4,050 for each day of Ruth's stay at the facility and, due to other problems, a $150 per day fine was imposed for 76 days that the facility failed to correct identified problems.

Friendship Manor is no stranger to serious problems. In May 2007, the facility lost its Medicaid funding and it was fined $2,500 after a resident was injured in a fall. In February 2008, the facility was slapped with a $350 fine for failing to provide rehabilitation services to residents due to short staffing.

Friendship Manor is owned and managed by two for-profit South Dakota companies. Their president is Tim Boyle. Boyle, a real estate developer, has appealed the fine arguing that the facility was under doctors' orders to keep the stocking on Ms. Louden's leg. Doctors informed state inspectors that facility staff would be expected to understand that temporary removal of the stocking would be necessary to examine the leg.

Interestingly, Boyle is the board president of The Iowa Healthcare Association and is using his position to tell legislators that the Iowa Department of Inspections and Appeals is "too aggressive in its enforcement of health and safety regulations". He has prepared written presentations for legislators and using his position as board president, is stating that the "inspections department is flogging nursing homes and blocking seniors' access to health care, in part by imposing huge fines against the owners and prohibiting new admissions until care problems are addressed". The executive director of The Iowa Healthcare Association, Steve Ackerson, is using the incident involving Friendship Manor as part of the pitch to Iowa legislators - while omitting Friendship Manor's alleged negligence that triggered the record-breaking fine.

Friendship Manor is claiming financial hardship stating that "this fine threatens the existence of the facility", but has failed to provide any financial information to back up that claim.

November 12, 2008

New York Nursing Home Fined in Nun's Death - UPDATE

We discussed the tragic accident that ended Sister Mary Murray's life in a previous blog. On August 31, 2008, Sister Mary was found in her room "conscious but bleeding profusely from her forehead, face, and left eye" after an unbolted closet had fallen on her head. The wardrobe was still on top of her. The nun, who suffered from dementia and heart disease, was taken to Good Samaritan Hospital and then transferred to Westchester Medical Center, where she died.

Sister Mary's family was led to believe that it was a horrible accident until an Eyewitness News investigation revealed the cover up of previous accidents involving the closets. Two other individuals were previously injured in two separate incidents after the closets fell off the wall due to the facility's negligence in failing to bolt the facility's 300 closets to the wall. These incidents were not reported to the health department and Sister Mary's family was not told of the them. Ironically, after other individuals were injured, still no one bolted the closets to the wall. Daniel Murray, Sister Mary's guardian, said, "It went beyond negligence. It was more of a callous disregard of the safety of the most vulnerable among us, the elderly and the infirmed."

No one at Summit Park has been disciplined, although the State Department of Health fined the facility $17,000 due to "immediate jeopardy to resident health and safety". When Eyewitness News Investigator asked the Administrator of Summit Park Nursing Home why it took the death of Sister Mary to get the closets bolted down, the Administrator refused to answer.

The Rockland County District Attorney's Office has handed the case over to the attorney general for review.

November 9, 2008

Why are U.S. Nursing Homes Eligible for Bonuses Despite Violations?

Why are U.S. nursing homes eligible for bonuses despite violations? Thirty-six states have eighty-one bonus programs for quality-of-care. These bonuses are taxpayer funded and are approved by the Centers for Medicare and Medicaid Services - the same watchdog that investigates and cites facilities for federal and state regulation violations. Interestingly, a nursing home facility can receive these bonuses despite receiving violations for health and safety standards.

The Des Moines Register reviewed eight bonus programs in seven states. These states do not disqualify a facility from receiving a bonus that is directly related to quality of care if it has received violations for state or federal regulations. A prime example is Grace Living Center in Norman, Oklahoma. This facility received nearly $96,000 in bonuses in the past year and apparently is considered a "five-star" nursing home by the State of Oklahoma. Ironically, federal records show that the facility has been cited for more violations than is the state and national average. Additionally, Medicare ranks the facility as below average on eleven of the nineteen national quality measures. A Eufaula, Oklahoma nursing home scored zero on a scale of one to five for compliance with federal and state regulations, but Oklahoma's Focus on Excellence program awarded the owners with a $50,000 bonus after the program gave the facility "three stars".

The Register also reported that sixteeen of twenty-three Iowa facilities that received major fines last year qualified for bonuses from Iowa's Medicare-Medicaid program. Two of the facilities were on the federal list of the nation's worst nursing homes and a third facility had been threatened with loss of license for substandard care. Iowa officials have since begun revising the program. Today, homes that have caused "actual harm" to residents are to receive smaller bonuses and homes that have put residents in "immediate jeopardy" of death or injury are ineligible for bonuses.

The Iowa Department of Human Services tried to do away with the bonus program last year. They felt that the state should not pay nursing homes additional funds to do what is expected of them. The bonuses will continue at least through June 2009.

The Centers for Medicare and Medicaid said that the law does not require that Medicaid-funded bonuses be linked to quality of care and therefore, the agency cannot require it.

November 5, 2008

Collusion to Cover Up? Tennessee Nursing Home Accused of Wrongdoing In Suspicious Death

A string of errors led to the filing of a lawsuit on October 31, 2008 against the Health Center at Standifer Place in the tragic death of Robert Young. That suit seeks damages for wrongful death, mental anguish, and pain and suffering. A similar lawsuit was filed on November 3, 2008 against the Tennessee Department of Human Services and social worker Vickey Frierson, the individual handling Mr. Young's case for the "negligence" shown by the Department after Mr. Young's death

Robert A. Young, a 33 year old man suffering from cerebral palsy, was a resident at the Health Center at Standifer Place, a Chattanooga, Tennessee nursing home. He was believed to have suffered a seizure and fell, fracturing his skull. He was taken to Erlanger Hospital and died a week later on November 12, 2007. Due to the explanation of how Mr. Young's injuries were sustained, the Hamilton County Medical Examiner's Office did not perform an autopsy. Erlanger Hospital repeatedly tried to locate Mr. Young's family through Adult Protective Services, but Adult Protective Services failed to respond. Instead, the agency made arrangements for Mr. Young's burial in a pauper's grave in Ruth Cofer Cemetery.

Mr. Young's family, completely unaware of his injury and subsequent death, was not told of his death for more than a month. Each time someone called the facility to check on him, "Standifer Place told each person, on each call, that Mr. Young was OK, and to come see him". When family members finally found out about Mr. Young's death, they began pushing for answers. Allegedly, Vickey Frierson, Mr. Young's caseworker, callously asked, "What do you want me to do about it?"

The family continued to press for answers and asked Dr. Frank King to review Mr. Young's medical records. Dr. King recommended exhumation of the body after he could not find any documentation of seizure or any other incident that would have led to the skull fracture contained in those records. The court-ordered exhumation of Mr. Young's body occurred in May 2008 and the Medical Examiner determined that Mr. Young died of "blunt force trauma" to the head. A homicide investigation into Mr. Young's injuries and the circumstances surrounding the incident is ongoing.

November 4, 2008

Missouri Nursing Home Cited in Resident Death

Christian Health Care: Springfield East has been cited with Missouri's most severe noncompliance citation after an investigation into the February 17 death of a resident revealed glaring deficiencies in the care of the deceased resident, as well as other residents.

The deceased resident bgan vomiting a dark foul-smelling substance during the night on February 16, 2008 and continued to be sick through the night. The resident complained of being sick and asked to be transferred from the bed to a wheelchair. At first, the resident's requests were denied, but eventually the resident was assisted into a sitting position in bed. After that, "the resident began to make gurgling sounds as if his/her lungs were filled with fluid". The resident died shortly after 7:00 a.m. on February 17, 2008.

The facility failed to notify the on call physician of the situation and a doctor at the facility who was not on call that weeked said "he would expect staff to notify him if a resident had dark, foul smelling (vomit)". Christian Health Care was also cited for failing to adequately report changes in vital signs and failing "to provide appropriate nursing interventions to address the change in condition" of the deceased resident.

Other deficiencies cited were giving inconsistent insulin dosage to one patient and failing to obtain a urinalysis on a patient who might have had a urinary tract infection.

The facility's ability to receive Medicaid and Medicare payments was revoked in March 2008 and the facility had 23 days to fix serious deficiencies. The facility came into compliance and sanctions were removed on April 15, 2008.

To learn more about what you can do to combat nursing home abuse and neglect, visit our website at www.nursinghomejustice.com .

October 27, 2008

Iowa Nursing Home Faces Investigation Into Latest Death

We discussed Glenwood Resource Center and its high death rate in our July 14, 2008 blog. At that time, Glenwood had repeatedly failed to improve medical care for its residents and was being investigated for an "unusually high number of deaths among its residents". The facility had been under a federal court order for the last four years to improve resident care and the home had made little or no progress to improve the medical care it provided to its residents. The Department of Justice has accused the State of Iowa of repeatedly failing to act on "significant concerns" raised by inspectors concerning medical care oversight at Glenwood. Inspectors have faulted the home for its inadequate investigations into resident deaths.

On March 9, 2008, a Glenwood resident died due to inadequate nursing care. Eleven days later, a 52 year old male resident died unexpectedly; the man had lived at the home for just eleven hours. He had been transferred to Glenwood from another county run home. During his autopsy, a disposable latex glove, 40 inches of cord, a tangled ball of string, and a tag from a bed sheet at the previous group home were all removed from his colon. In September 2008, Glenwood was fined $5,500 for alleged medication errors, among other problems.

Now, officials are investigating another death at Glenwood. A fifty-five year old female resident, who had resided at the facility for forty years, died. No details of her death are being released at this time. Since March 2008, nine residents of the home have died - three of which have occurred in six weeks.


October 26, 2008

New York Nursing Home Fined in Nun's Wrongful Death

Summit Park Nursing Care Center was fined more than $17,000 in the death of a 90 year-old Catholic nun. The nun, 90, was the third patient in less than a year to be injured at Summit Park Nursing Care Center due to an unsecured closet. On August 31, 2008, the nun was found in her room "conscious but bleeding profusely from her forehead, face, and left eye" after an unbolted closet had fallen on her head. The wardrobe was still on top of her. The nun, who suffered from dementia and heart disease, was taken to Good Samaritan Hospital and then transferred to Westchester Medical Center, where she died.

Tragically, state investigators uncovered two previous incidents where unsecured clothing closets had falled on patients at the Summit Park facility and went unreported to the state. One of those incidents had occurred just three weeks prior to the August 31, 2008 incident.

The facility faces additional state penalties due to the incident.

October 23, 2008

Nursing Home Resident Chokes on Ketchup Packet

Glenwood Gardens, located in Bakersfield, California, has been hit with the worst fine possible - $100,000 - for the death of a resident. The 84 year old man, who suffered from dementia and breathing difficulties, died after choking on a ketchup packet. Staff at the facility was aware that the resident consistently tried to eat non-edible objects and failed to formulate a care plan to prevent ingestion of non-edible objects. A mortuary embalmer discovered the ketchup packet wedged in the back of the man's throat.

Glenwood Gardens Executive Director Dave Goodin advised that the facility is appealing the file stating, "There was no grounds we could find for the citation so we've appealed".

October 21, 2008

New York's Attorney General To Use Hidden Cameras at Buffalo Nursing Homes

We have previously discussed New York's use of hidden cameras to reveal abuse and neglect in some New York care facilities. Now, New York Attorney General Andrew Cuomo is taking "granny cams" to the Buffalo area to help crack down on abuse and neglect at Buffalo nursing facilities. Cuomo's office was the first to use video camera surveillance at trial, which led to the conviction of several nurse aides and an owner of a nursing home on charges of nursing home abuse and neglect.

The cameras, used only with family permission, have revealed horrific abuse in the past, such as:

- failing to hydrate an immobile patient and leaving him in his own waste for nearly a day;
- failing to turn and position an immobile patient, leaving the resident at risk for bedsores;
- failing to shower a resident twice a week as required; surveillance tapes revealed that the resident had not been showered for over a week;
- failing to perform range of motion exercises, leaving the resident at risk of muscle contraction;
- leaving a comatose patient in waste for hours, while suffering from skin lesions, and not receiving proper care for his feeding tube; tragically, there were over forty occasions when the resident was not washed after an incontinent episode;
- caregivers sleeping, watching movies, or leaving the facility during shifts;
- falsifying records to conceal neglect; and
- only using one caregiver to transfer a bed-ridden patient to and from a wheelchair with a Hoyer lift that required the use of two caregivers, striking the resident's head on a side rail.

Cuomo used surveillance tapes from Medford Multicare Center and arrested four employees for dangerous neglect and further arrests are anticipated due to the ongoing investigation. To date, surveillance tapes have led to the convictions of 26 employees of various facilities.

October 16, 2008

Oklahoma Working Toward Changing Nursing Home Abuse Reporting Practices

On July 11, 2008, Carol Crow was found with two black eyes and covered with bruises on her face, neck, and shoulders. The facility workers told Mrs. Crow's family that she had gone into her room and fell, but Mrs. Crow told her family an entirely different story. Mrs. Crow alleges that a man knocked her down, got on top of her, and beat her until she was unconscious. While Mrs. Crow does have early onset Alzheimer's disease, she was very clear about what happened to her.

Jack Crow, Carol's husband, is working with a group known as A Perfect Cause to change nursing home abuse reporting procedures. He is supported in his efforts by both the Oklahoma attorney general and the Oklahoma County district attorney's office.

Current Oklahoma statutes call for someone who suspects abuse or neglect is occurring at a state facility to report it to the Department of Human Services or the Sheriff's Department. Both the district attorney and the attorney general's office believe that the police should be called first. "When you have a crime scene, there is evidence," said Scott Rowland of the Oklahoma County district attorney's office.

To read more on this, go to Supporters Want Suspected Cases Reported to Police First.

October 14, 2008

Abuse Suspected in Suspicious California Nursing Home Death - UPDATE

We have been following the investigation into the suspicious death of Elmore Kittower while a resident at Silverado Senior Living in our previous blog entries. Elmore Kittower died from a blood clot in his lung, but an autopsy report also indicated that "blunt force trauma" factored into his death. His body was covered in bruises and he had unexplained partially healed rib fractures. Nursing home employee Cesar Ulloa was arrested after an extensive investigation into the death of Mr. Kittower. Authorities exhumed Mr. Kittower's body after a whistleblower told authorities that Mr. Kittower was beaten mere minutes before his death.

The investigation has now expanded to include the alleged abuse of three more helpless residents at the facility. A seventy-eight year old woman was violently awakened when an employee began "jumping on her chest". When the resident tried to protect herself, the employee "picked her up WWF style and slammed her onto the bed". The elderly woman, who suffers from a brain condition that left her unable to speak, became withdrawn and didn't want people touching her, even family members. Her son said, "She started to act like a wounded animal. But when she finally found out who you were, she didn't want to let you go."

Ulloa is also accused of abusing two other vulnerable nursing home residents with dementia and early stage Alzheimer's.

Authorities are still searching for the whistleblower in this tragic situation. Ulloa has pled not guilty to four counts of elder abuse and one count of torture.

October 12, 2008

Attorney General To Continue Monitoring Metron Michigan Nursing Homes

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.

October 6, 2008

Head Injury Results in Death, Fines, and Citations

The California Department of Public Health issued a "AA" citation, the state's most severe citation, and fined Hemet Valley Healthcare Center $100,000 after a resident taking two blood thinners died after suffering a blow to the head. Olga Baroncini, 81, died on September 16, 2007 at Loma Linda University Medical Center. She was sent to Hemet Valley Healthcare Center to recover from colitis, deep venous thrombosis, and pulmonary embolus.

Ms. Baroncini suffered a head injury on September 14 during physical therapy. There remains some confusion over whether she struck her head on the back of a chair or on a bedrail while being assisted by a physical therapist. The physical therapist did not report the injury because he did not think it was serious. The nurse on duty did not check Ms. Baroncini for changes in her condition nor did she report the head injury to the doctor, in violation of facility policies and procedures. Why? Because she didn't think it was "anything big". The nurse has since been fired.

Ms. Baroncini's blood pressure dropped and she lost consciousness the next day. She was taken to the hospital and transferred to another hospital where she was removed from life support and died. Her death may have been preventable had her physician been notified. If the nurse had reported the injury to a doctor, Ms. Baroncini could have been removed from the blood thinners she was taking and tests could have been performed sooner. Facility officials did not report Ms. Baroncini's death to the state, even though they were aware of it.