South Carolina Nursing Home Blog : South Carolina Nursing Home Lawyer & Attorney : Poliakoff & Associates Law Firm : Elderly Care, Senior Care

An article from Chico Enterprise Record states that lawsuits have been filed in the deaths of two patients of Lifehouse Cypress Healthcare Center.  The families of the late Donald Dey Sr. and Mary Gustavson are suing for negligence, violations of the health and safety code, and wrongful death.

The first complaint states that on Jan. 12, 2011, Dey was admitted to the hospital for treatment of an infection and kidney disease. After Dey's condition improved, he was transferred to Lifehouse Cypress for a short stay while they arranged for a home health care nurse to attend to him at home. Dey was admitted as a high risk for falls therefore necessary precautions were needed.  Dey was taken to his room and left alone in his bed.  Less than half an hour later, Dey was found unconscious on the floor with a head injury. He died two days later as a result of swelling of the brain.

In the second case, Gustavson was transferred to Lifehouse Cypress on Feb. 2, 2011, for short-term rehabilitation.  The hospital told the nursing-home staff that Gustavson was to be given doses of morphine sulphate and Xanax "TID."  "TID" is an abbreviation of Latin words that mean "three times a day."  The complaint says the nursing home staff gave Gustavson the two medicines at 9 a.m., 1 p.m. and 5 p.m. daily, while her doctor intended her to have them at eight-hour intervals.  This overmedication caused Gustavson to suffer distress and hospitalized with a diagnosis of morphine overdose.  She died a few days later of  "acute renal failure" caused by the overdose of drugs at the nursing home.

Both of these cases never would have been filed if the facility had an adequate number of qualifed and well-trained staff.  These incidents were certainly preventable.

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Indiana's The Republic reported the charges of neglect filed against two nursing home employees after 4 emotional years.  Johnnie Esco died in the hands of two caregivers at the El Dorado Care Center March 2008.  Despite significant evidence of wrongdoing, no criminal charges were pursued until last month when two nurses face felony charges for neglect that lead to Esco's death.

Johnnie Esco had entered the nursing home for a short term stay to recover from pneumonia.  Her death, came not from this illness, but from a preventable fecal impaction that was not recognized or diagnosed.  Because of the medications she was prescribed for the pneumonia, Esco needed to be monitored by nursing home staff including bowel movements.   Bruising and injuries of unknown origin were also found on her body after her death.

The director of the nursing home, Donna Palmer, was arrested and a warrant has been issued for Nurse Rebecca Smith. Attorney General Kamala Harris has called the case an "abhorrent" crime involving the negligence of two nursing home attendants who had the duty to provide comfort and care to Esco. He remarks the death was a tragedy that should never have happened. Prosecutors claim the evidence of neglect is unquestionable and the pain Esco endured as a result unjustifiable.

Esco left behind a husband of 60 years who claims the unresolved case had haunted him for the past four years. He feels the criminal charges against the two nursing home workers has been major step in his quest to hold someone accountable for the suffering and death of his beloved wife. Preventing such a crime from going ignored is crucial to protecting nursing home residents in future similar situations. This case, which had been closed after investigation by the Bureau for Medical Mal and Elder abuse, has been revived thanks to the Sacramento Bee newspaper article covering the story.  this shows why it is important to report abuse and neglect and make sure the media covers this epidemic of poor care.
 

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St. Louis Today reported that the daughters of a resident who died after wandering away from a nursing home here filed a wrongful-death lawsuit alleging negligence.  Aubrey Giles was reported missing from the Midwest Rehab and Respiratory Center on Jan. 14. His body was found two days later in a wooded, frozen ravine nearby. Officials said he appeared to have died of hypothermia.

The family alleges that the home knew Giles had a pattern of trying to leave but failed to monitor him. It further alleges the nursing home was negligent, violated various state regulations and failed to provide adequate supervised care. The suit also alleges the nursing home "failed to timely notify local law enforcement and Aubrey Giles' family of his elopement."

The facility is better known by its previous name, the Calvin Johnson Care Center.  This month, the incident spurred the Illinois Department of Public Health to issue eight citations against the home.

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Oak Park nursing home failed to supervise two patients with histories of aggressive outbursts before a fight that left one dead, according to a report released by the Illinois Department of Public Health.  Anibal Calderon died Feb. 14 of head injuries from a fight two days earlier at Oak Park Healthcare Center.  After hearing yelling, nurses found Calderon lying on the floor and bleeding from his head while a 66-year-old resident stood beside him, the report states. It characterized the attack as "unprovoked," and the Cook County medical examiner's office ruled it a homicide.  According to employees, normal staffing for that area was one nurse and two certified nursing aids. One of the CNAs should have been in the dining room monitoring residents there and the other should have been in a chair near the dining room doorway monitoring residents known to wander in the unit. Said one certified nurses aide, “That is why we have a (certified nurses assistant) seated in the hallway to monitor.”

However, the IDPH report said while there is evidence of prior inappropriate behavior by both men, it was not communicated to staff through any treatment plan. “(The nurse) said there was no supervision or monitoring in place for (Calderon or his assailant),” the IDPH report states. The nurse told state investigators she was “unaware of any unusual behaviors displayed by (the assailant).” She said unless such behavior is noted on the patient’s plan of care, she would not be aware of it.

Nursing home records indicate both became increasingly prone to "wandering, verbal outburst … signs of forgetfulness" and "aggressive disorder," according to the report.  Despite several  recommendations made to change the care plan, staff did not follow through, the report states. Also, the report found many staffers were unaware of the behavioral issues and did not supervise the men adequately when the fight occurred.

 Incredibly, the facility did not have a policy or plan to address coping with physically aggressive behavior according to the report.  The assailant was involved in an altercation with another resident whom he pushed to the floor, but his current comprehensive care plan did not note any methods to address the incident.

The victim's family filed a lawsuit asking for reasonable compensation for their father's wrongful death.  The lawsuit alleges that Oak Park Healthcare Center violated federal and state nursing home regulations by failing to protect Calderon from abuse and neglect. The complaint further alleges that the facility failed to provide Calderon with appropriate supervision and failed to employ sufficient staff to properly supervise and monitor residents.

The lawsuit also alleges that the facility failed to promptly report suspected incidents of abuse and ignored complaints regarding residents and staff at the facility.
 

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Kansas City's KCTV5 reported the lawsuit filed about the alleged crime and cover-up at Brandon Woods at Alvamar.  Predictably, Defendants say there is no merit to the lawsuit, but the allegations in a 32-page court document are detailed and disturbing.  The suit was filed by the family of Jean Allen who was living at Brandon Woods at Alvamar in hospice care with dementia and almost entirely immobile.

The report of a possible sexual assault by a nursing aide was upsetting to the family, but the outrage stems from how the facility responsible for Allen's care handled that report.

"The lawsuit against the owners and staff says the daughter of Allen's roommate called the head of nursing on Oct. 21, 2010.  "The telephone message starts out, 'Something awful may have happened,'" said Skepnek.  Skepnek says the head of nursing, Sharon Mulqueen, did not contact Allen's family, did not suspend the nursing aide, did not call police and did not send Allen to the hospital. The next day, he says, Mulqueen suspended the aide and sent Allen to Lawrence Memorial Hospital - not for a sexual assault exam, but for a routine Medicare exam."

The nursing home staff refused to file a police report until hospital staff threatened to do so themselves.  In the interim, the nursing home staff had bathed Allen and washed her clothes, destroying whatever DNA evidence might have been available.  As for Allen's exam, the suit says a specialized sexual assault nurse reported cuts and scrapes that left her with "no doubt" that Allen had been sexually abused.

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The Madison Record reported the lawsuit filed by the daughter of a recently deceased woman against Edwardsville Health Care Center Investors. "Sylvia Mayes claims her mother, Lydia C. Srnek, developed a urinary tract infection while living in defendant Edwardsville Health Care Center Investors's nursing home. The infection was allowed to linger without treatment and developed into a significant medical problem, according to the complaint filed Dec. 28 in Madison County Circuit Court. Finally, on March 12, 2010, Srnek was taken to Anderson Hospital after she began exhibiting signs of shortness of breath, an altered mental status, severe sepsis, a urinary tract infection, metabolic acidosis, acute kidney failure, significant dehydration and severe malnutrition, the suit states."

Because of the neglect Srnek developed a blood infection, which caused her great pain and suffering until her death on March 21, 2010.  Mayes claims she incurred medical and funeral expenses and lost her mother's love, companionship, society, affection, guidance and comfort.

Employees at Edwardsville Health Care Center Investors failed to observe that she was suffering from a urinary tract infection, failed to notify Mayes of changes in her mother's condition and failed to provide her with adequate hydration and nutrition, among other negligent acts.

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SAVA is a company owned and operated by the infamous Murray Forman--well-known for kickbacks, shell companies, and cost cutting to the detriment of residents.  The West Virginia Record had articles about the lawsuits against SAVA and Canyon Sudar Partners.  See articles here and here.

Two more individuals are suing Canyon Sudar Partners for family members' abuse and neglect resulting in deaths in separate cases.  Defendants include SVCare Holdings, LLC; Sava Senior Care, LLC; SSC Equity Holdings, LLC; SMV Management Company, LLC; SMV Huntington, LLC; Seventeenth Street Associates, LLC; Annica Stansberry; John Does 1 through 10; and Unidentified Entities 1 through 10 (as to Huntington Health and Rehabilitation).

On May 15, Donald Rein Brooks was admitted to Huntington Health & Rehabilitation, where he remained until July 10.  Tracey Handley claims during her father's residency at the nursing home, Brooks sustained physical and emotional trauma, including pneumonia, sepsis, falls, bleeding and aspiration.

Bonnie Smith was a resident from 2008 until Sept. 5, according to two complaints filed Nov. 7 in Cabell Circuit Court.  Harold Hanshaw claims the defendants caused Smith physical and emotional trauma, including sexual abuse and contracting genital herpes.

Defendants caused Brooks and Smith to lose their personal dignity and extreme and unnecessary pain; degradation; anguish; other unnecessary hospitalizations; disfigurement; emotional trauma; and ultimately death, according to the suits.

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The Galveston Daily News reported the wrongful death lawsuit filed on behalf of Rachel Mohr after Regent Care Center failed to prevent her fall, appropriately assess her after the fall, and transfer her to the hospital for emergency care.  Mohr was a high fall risk, but a care plan and nursing interventions to prevent a fall weren’t followed: low bed position and floor mats and a bed alarm weren’t used contrary to a physician’s orders.

On March 4, Mohr was heard yelling for help and found on the floor next to her bed. Mohr suffered head trauma and was bleeding after the fall.  Instead of doing an assessment or transferring her to the hospital, nursing home employees placed her back in bed.  Mohr was later discovered unconscious and nonresponsive.  Mohr was finally taken to the hospital where she died from her injuries.

The lawsuit also claims Regent Care Center’s nurses were not adequately trained or apprised of Mohr’s care plan.

Relatives requested on 10 occasions and provided authorization for copies of Mohr’s medical chart, but Regent Care Center refused to provide the chart.  “Defendants refused to produce the chart on the basis that its lawyer had the chart and further refused to provide the lawyer’s identity and contact information,” the lawsuit claims.  Residents and their family members have a right to be provided a copy of the chart within 48 hours of a written request.  But nursing homes often send the chart to lawyers to "fix" any blanks or other documentation failures.

Relatives attempted to settle out of court with the center for $275,000, according to a letter which is on file with the lawsuit.
 

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Petaluma Patch and The Argus Courier had articles on a recent lawsuit filed against Petaluma Health and Rehabilitation, a facility with a history of well-documented problems.  Petaluma Health and Rehabilitation is owned by Evergreen Healthcare, which operates nursing homes throughout California, Oregon and Washington. According to California’s Health Facilities Consumer Information System, the Petaluma facility has received dozens of complaints in recent years. These include complaints about not properly hydrating patients, not doing enough to prevent accidents and not providing proper diets.

A lawsuit filed by Billie Walter on behalf of her mother, Elizabeth Walter, claims she was denied appropriate care and neglected on a repeated basis, so much so that just month later she was sent to the emergency room with a serious infection.  In her time at the home, the staff “repeatedly failed to perform basic wound monitoring, nutrition and hydration,” so that the woman’s ulcer condition worsened.  The nursing home operator engaged in elder abuse and reckless neglect by not carrying out basic treatments and assessments and by failing to develop and follow a nursing care plan for the patient.  As a result, the elder Walter was admitted to the hospital on March 12 suffering from malnutrition, dehydration and serious infections.

The suit also names EHC Management, LLC and Evergreen at Petaluma LLC as owners and operators of Petaluma Health and Rehabilitation. 

California Health Care Foundation’s website (http://www.calqualitycare.org/) rates home health care services and nursing homes in the areas of staffing, quality of facility and quality of care. It gives the 98-bed Petaluma Health and Rehabilitation a poor rating based on the number of federal deficiencies, state citations and substantiated complaint and incident reports over a three year period. To receive that rating, the facility scored among the worst 20 percent of facilities of a similar size around the state.

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Delaware Daily Times had an article on the tragic case of abuse and neglect suffered by Lois McCallister at the Quadrangle Sunrise Senior Living facility.  Her daughter Mary French used a "nanny cam" to secretly record workers abusing her mother. French placed a secret camera in the room of her mother after she complained that staff had abused her.  Since the incident, the couple has moved McCallister to their Havertown home.   The video led police to arrest Quadrangle workers Samirah Traynham, Ayesha Muhammad, and Tyrina Griffin on assault, harassment, and other charges. Each has pleaded not guilty and awaits trial next month.

The facility's refusal to accept responsibility led French to file a lawsuit contending that Sunrise Senior Living Inc. failed to properly train its care workers, grossly understaffed the facility, and violated state regulations.   According to the complaint and video, Quadrangle employees Samirah Traynham, Tyrina Griffin and Ayesha Muhammad physically abused McCallister in March by taunting, humiliating and assaulting her as she stood naked from the waist up.  In a video, the victim can be seen trying to escape her alleged tormentors, only to be pulled back into her room and further ridiculed.

“Her tormentors changed her life permanently,” French said, as she and her husband, Paul, spoke to reporters in their Havertown home. “Our mother has never been the same since the abuse. She entered the Quadrangle a happy, hopeful person, and now she is totally demoralized.”

Paul French said the couple had received letters from relatives of other Sunrise residents who thanked them for bringing the issue to light.  French said she and her husband filed the complaint to help ensure no one placed in a care facility suffers the way her mother suffered.

See article at Philly.com.

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