Plea deal in abuse charge

Kentucky's LEX 18 reported that  a plea deal has been offered to a nurse's aide accused of abusing an elderly patient at a Madison County nursing home.  Amanda Sallee was set to go to trial on wanton neglect and abuse charges on March 15.

Sallee is one of three former nurses aides at Madison Manor Nursing Home in Richmond accused of abusing the late Armeda Thomas. The 84-year-old's granddaughter placed hidden cameras in Thomas' room, fearing Thomas was being neglected by nursing home staff. Sallee is seen on tape eating Thomas' food instead of giving her the meal.

Two other women have pled guilty to similar charges after they were caught on camera taunting and grabbing Thomas around the neck.   Thomas' family is also pursuing civil action in addition to the investigation brought on by the attorney general's office.
 

Guilty pleas for abuse get community service

The Richmond Register had an article about three employees who were arrested, indicted, and plead guilty after a family placed a hidden camera in their mother's room.  Valerie Lamb (one of three employees of Madison Manor nursing home indicted for abuse of a patient) pled guilty in Madison District Court to one count of misdemeanor abuse of an adult.  Judge Earl-Ray Neal accepted the state recommended sentence of a two-year diversion program that includes 50 hours of community service.  Lamb’s community service may not involve work with children, vulnerable adults or any program funded by Medicaid or Medicare, according to the judge’s order. She also must remain drug free and commit no other criminal violation.

Lamb was indicted after the family of Armeda Thomas suspected their loved one was being abused at the nursing home and planted a hidden camera to record her care in August 2008. The indictment accused Lamb of reckless abuse and neglect of an adult by “lifting Thomas by her neck and by highly raising her legs when she performed incontinent changes resulting in pain or injury to Ms. Thomas.”

Another defendant in the case, Jaclyn Dawn VanWinkle of Richmond, also pleaded guilty to misdemeanor charges and received a similar sentence. VanWinkle later was indicted on rape and sodomy charges for allegedly having sex with a 15-year-old boy.

A third defendant in the Madison Manor abuse case, Amanda Sallee of Richmond, is scheduled to stand trial March 15 in Madison Circuit Court on charges of wanton abuse of an adult.  The indictment of Sallee accused her of denying Thomas food between Sept. 1 and Sept. 5, 2008, and eating the meals herself.  Wanton abuse or neglect of an adult is a Class D felony punishable by up to five years in prison if convicted. Reckless abuse or neglect is a Class A misdemeanor punishable by up to a year in jail.

Making nursing homes places to house mentally ill felons

Chicago Tribune had a scary article about Federal, state and county officials finding dozens of resdients with outstanding arrest warrants and wanted on charges ranging from disorderly conduct to burglary to assault.  The raids involved about 20 federal marshals and Cook County sheriff's police.  Illinois Attorney General Lisa Madigan initiated the sweep in response to Tribune investigative reports about Illinois nursing facilities that house high numbers of felons and sex offenders.

Five people were arrested, including a sex offender wanted in another state for failing to register. In three cases, the residents were too sick to be taken into custody, and the other warrants were not immediately enforceable because they were issued in other jurisdictions.  The team found nine people with outstanding warrants when it swept Columbus Park Nursing & Rehabilitation Center on Chicago's West Side and another nine at Heather Health Center in Harvey.

Authorities also examined records for Somerset Place on the North Side and discovered three residents with outstanding warrants, but jurisdictional limits prevented immediate arrests.

The number of felons known to be living in Illinois nursing homes has grown as the state increasingly relied on the facilities to house younger psychiatric patients, thousands of whom have criminal records.  The Tribune reported that Illinois State Police once ran similar sweeps of nursing homes for felons with outstanding warrants and unregistered sex offenders. From January 2005 through June 2006, when 20 northern Illinois nursing homes were swept and roughly 80 fugitives and sex offenders removed, state police in that region recorded a nearly 67 percent decrease in nursing home abuse and neglect complaints, according to a department citation issued to the sweeps unit.   But the program was halted after five years in 2006 because federal regulators questioned whether the sweeps were an appropriate use of Medicaid anti-fraud funds. State police were not part of Tuesday's sweeps.

The Tribune has reported that the criminal background checks and risk assessments carried out for new residents of the state's nursing homes were riddled with errors and omissions.

 

Fines reduced for abuse and neglect

Florida's State Journal Register ran an article about Golden Moments Senior Care Center in Jacksonville that was fined only $20,000 after one of its nurse's aides terrorized several elderly and sick residents.  The nursing home agreed to pay a reduced fine.  Golden Moments and the Illinois Department of Public Health worked out a deal in which the 113-bed facility will pay a $6,500 fine connected with the nurse's aide's conduct, said department spokeswoman Melaney Arnold.

The complaint said Golden Moments nurse's aide Jessie L. Ross "displayed a pattern of abusive behavior toward residents". That behavior included telling a resident to "go to hell," slapping the resident and depriving the resident of soda and snacks. Ross slapped a different resident, threatened to slit his throat, kicked the resident and held the resident's hands against his chest. Ross also allegedly hid another resident's nail polish and slapped that resident across the face. 

A state inspection report indicated residents had been complaining to staff members about the aide's conduct for weeks, and that several staff members observed, knew about or suspected physical and mental abuse was going on but failed to report the situation to their superiors.  Ross, who told Public Health officials she was training to become a nurse, is fighting the discipline, which hasn't been finalized.

"I find the decision to reduce the fine against Golden Moments for the abuse of residents to be incomprehensible," said Jamie Freschi, regional long-term care ombudsman who works for Springfield's "I CARE" social service agency. "The system has a responsibility to look out for the safety of the residents, not the interests of the facilities."

Officials from the state and federal governments are considering new fines against Golden Moments Senior Care Center after the Oct. 3 death of a 74-year-old resident who choked on food.   A Springfield-based advocate for nursing home residents said she was appalled by the fine reduction and noted that central Illinois nursing homes charge $4,000 to $5,000 a month for the care of one resident.

Golden Moments resident Adam Waelz was pronounced dead Oct. 3 after choking on food provided by the nursing home, Morgan County Coroner Jeff Lair said.   According to a state inspection report, Waelz, who was developmentally disabled, was known to be at risk of choking and often ate or drank too fast and should have been closely supervised while in the dining room.

The day of his death, Waelz, who had no teeth, should have received ham that was ground up, but he instead received ham that had been torn into pieces, according to the report. Lair's death investigation found ham pieces and mashed potatoes from Waelz's mouth lying next to his body. An autopsy revealed a wad of ham pieces the "size of a tangerine" in his windpipe, according to the state report.

Other problems described in the report included failure to keep residents clean, failure to prevent new bed sores from developing on several residents, and failure to provide activities for residents housed in an Alzheimer's unit.

 

More Incidents of Abuse and Neglect

This post will be a round up of stories from around the country on nursing home exployees abusing, neglecting, or exploiting the residents.  We need to expect more from the nursing homes on how they train, supervise, and manage their workers.

One article from an ABC affiliate in Texas was about Shonda Rodriguez, a woman who pleaded no contest to abusing an elderly patient.  Shonda Rodriguez worked as an licensed vocational nurse at Castle Pines Nursing Home in Lufkin, slapped the hand of the patient.  The patient was found with bruising to the backs of both hands and a tear to the skin of her upper arm. As part of her plea, Rodriguez was sentenced to only two years probation, ordered to pay minimal restitution and a $500 fine, and also ordered not to work with small children or elderly as an LVN.  She gets to keep he rlicense and work in the health care field though!

The next article was from the Star-Tribune .  A 19-year-old Albert Lea nursing home aide named Ashton Larson pleaded not guilty to charges that she was one of two employees who sexually humiliated and abused numerous vulnerable residents at a local facility.  According to the charges, Larson admitted to police that she inserted her finger into the rectum of a resident at the Good Samaritan Society home. She said she was trying to trigger a bowel movement but admitted that this was not part of her training.  She admitted getting into bed with a resident and making a humping motion. She also admitted to patting the buttocks of one resident and trying to get another angry and then laughing at her.

Also charged in the case is Brianna Broitzman. The charges against her say that she admitted to police that she poked one resident in the breast. Other teens who were implicated accused Broitzman of numerous other actions, including spitting in a resident's mouth and jabbing the breasts of several residents.

The next article was from Consumer Affairs discussing the six employees who were charged with exploiting vulnerable adults.  Mississippi Attorney General Jim Hood, who announced the arrests, said the six were either employees of the Belhaven Senior Care facility or owned the company.   "Within the indictments, there are 21 separate incidents of exploitation involving eight residents of Belhaven Senior Care," said Hood, "A total of $25, 785 was taken from the victims."

Those arrested are:

• Ponchie McCollough, a social worker with the facility, was indicted on one count of conspiracy and 19 counts of Felony Exploitation of a Vulnerable Adult. McCollough remains in jail and bond has not been set, but arraignment is set for January 8, 2010.

• Brad Burt, an administrator with the facility, was indicted on one count of felony exploitation of a vulnerable adult and 14 counts of accessory after the fact in felony exploitation of a vulnerable adult. He is currently out on $75,000 bond.

• Justin Johnson, Director of Operations for Trend Consultants (owner of Belhaven Senior Care), was indicted on 14 counts of accessory after the fact in felony exploitation of a vulnerable adult. He is currently out on $25,000 bond.

• Tina Brewer, AR Billing Specialist for Trend Consultants, was indicted on 14 counts of accessory after the fact in felony exploitation of a vulnerable adult. She is currently out on $25,000 bond.

• Jessica McKinney, a friend of McCollough, was indicted on one count of conspiracy and two counts felony exploitation of a vulnerable adult. Bond has been set at $5,000.

• Madeline Floyd, a friend of McCollough, was indicted on one count of conspiracy and one count of felony exploitation of a vulnerable adult. Floyd's bond was set at $5,000, but she remains in jail.

In each case, McCollough is alleged to have misappropriated resident's funds under the guise of spending down accumulated funds so that residents would not lose Medicaid benefits. The funds, however, were not used for the residents needs, but were allegedly retained by McCollough and other defendants. Once the matter was discovered by officials of Trend Consultants, some of the defendants are accused of trying to cover up the alleged wrongdoing in an effort to avoid returning the funds to the residents.

On December 3, 2009, owners of Trend Consultants agreed to return $25,785.00 to the eight residents and paid a penalty to the State in the amount of $77,355.00. The agreement absolved the corporation.

CBS Springfield had a story about a whistleblower who sued a nursing home for wrongful termination.  Joan Johnson was fired from her job at a nursing home because she complained about improper treatment of patients.  Joan Johnson is seeking $56,000 in damages from the companies that manage and staff Renaissance Manor at Cabot.  Johnson alleged she and another employee had raised concerns that patients were being left too long in soiled beds and were not being cared for properly while walking. They said that lead to several patients falling.   Johnson claimed she was fired in June because she complained to superiors that a patient with a serious bacterial infection was allowed to use another patient's walker in violation of infection control standards.

Nursing home officials declined to comment.
 

Surveillance cameras record abuse

Lawyers and Settlements had an article about the lawsuit filed in a case where a surveillance camera captured images of nursing home abuse in what has been deemed the second-worst elder care facility in the nation, according to the US Government Accountability Office (GAO).

Richmond Health and Rehabilitation Complex in Madison, also known as Madison Manor, was also ranked the worst facility in the state of Kentucky.   Madison Manor is owned by Extendicare, a for-profit chain that operates 21 facilities in the state. The Lexington Herald Leader reported Wednesday that three Extendicare facilities are on the GAO national list of worst performers.

Last year a hidden camera at the Richmond facility caught images of abuse inflicted on an 84-year-old resident by nursing aides. The resident, Armeda Thomas, has since died. However, in September of last year, Thomas' family hid a video camera in her room at Madison Manor in an effort to explain bruising on the resident's body.

Nursing assistants were seen physically abusing and taunting the Alzheimer's patient. The nursing assistants were also allegedly shown refusing to feed or bathe the resident.

Thomas died two months later. Her family proceeded to sue the nursing home, and three nurses' aides were indicted and charged with abuse.  Jaclyn Dawn VanWinkle pleaded guilty earlier this year. Amanda G. Sallee stands trial in March and Valerie Lamb is set to enter a plea early in the new year.

 

 

$54 million verdict in rape case

 Louisville Courier-Journal had an article about the recent jury verdict against ResCare Inc. A jury in Albuquerque, N.M., returned a damage award of about $54 million against ResCare Inc. over the rape of a disabled male resident in one of the company’s group homes.  After a three-week trial, the jury unanimously found ResCare negligent, Bettinger said. The company was ordered to pay nearly $5 million in actual damages and more than $49 million in punitive damages.

Carl Bettinger, an attorney for the plaintiffs, said the incident occurred a few weeks after ResCare fired nine of the 12 employees of its group home in Roswell, N.M., because they failed or refused drug testing. Bettinger said in an interview that ResCare’s now-defunct New Mexico subsidiary “scrambled” to hire new staff for the home. One of the new hires had been fired from his last job, where he had been found kissing a male resident, Bettinger said. ResCare didn’t call that employer to check on the new worker before hiring him.

The man worked one night at the ResCare facility. That was the night the resident was abused, Bettinger said.  No eyewitnesses came forward.  Physical evidence was lost when the resident was showered the next day.

The award surpasses the $36.6 million profit earned in all of last year by ResCare, one of the nation’s largest providers of residential care to persons with disabilities.


 

Verdict in Videotaped Abuse case

Ventura County Reporter had an article about the recent verdict involving abuse of a resident in a nursing home.  A  jury compensated the family of a 71-year-old stroke victim who filed an elder abuse lawsuit against the Fillmore Convalescent Center.  The trial, which featured a videotape of the woman being abused, lasted 22 days. The jury deliberated for two days before announcing the verdict: $2.75 million in actual damages and $5 million in punitives.  The verdict splits liability among three defendants: the center, 40 percent; owner Eduardo Gonzalez, 40 percent; and Garcia, 20 percent.

Johnson said he offered to settle the case with the center in July for $500,000.   “They never offered me one dime,” he said. “They never offered to go to mediation, nothing. There was a lot of arrogance.”

In 2006, Maria Arellano, 71, was a resident with brusies of unknown origin that family members discovered during a visit. They complained to management but the nursing home refused to  investigate. So the family set up a hidden video camera on a side table in her room.

The camera caught employee Monica Garcia slapping Arellano, pulling her around by the hair, bending her neck, fingers and wrists, and treating her violently in a shower chair.  During the ordeal at the center, the Arellano family met another resident, Daniel Sanchez, 83, who was staying across the hall. His family suspected he, too, was being abused.

“The Sanchez family, they found bruises and hair pulling,” said Johnson, who’s filed a lawsuit on the family’s behalf that is slated for trial in January. “Mr. Daniel Sanchez has since died. They (Arellano and Sanchez) were both stroke victims who were non-verbal.”

About two weeks ago, Fillmore Convalescent received a five-star rating, the highest, from the Nursing Home Compare system, run by the Centers for Medicare and Medicaid Services.

“The five-star rating doesn’t always reflect what’s going on today or what went on yesterday,” Stein said.

 

Lack of training regarding reporting abuse at NHC facilities

TriCities.com did a great article about the lack of knowledge and trainig at a NHC facility based on a DHS reports here and here.   The Virginia Department of Health conducted an annual, unannounced inspection Oct. 6-8 and the results were recently made public. Inspectors wrote that many NHC Bristol staff members were unaware they are legally required to report patient abuse to local law enforcement or to state regulatory agencies.

Also, the DHS Report on NHC Healthcare alleges that the home administrator once failed to notify a patient’s representatives of a sexual abuse claim that had become part of an ongoing police investigation. “I figured they were already aware of it since it was being investigated,” the unnamed administrator is quoted as saying to an inspector.

News that nursing home workers were cited as being unaware they had to report abuse shocked Virginia Long-Term Care Ombudsman Joani Latimer, a private agent contracted by the state as a nursing home patient advocate. “That is truly appalling,” Latimer said. “It’s not a new requirement ... it’s been in place for quite a while.”

Most of the 140-page inspection report focuses on health care, and claims that:
* Not all patients are receiving prescribed medications;
* Facility doctors have failed to examine all patients on a regularly scheduled basis;
* Not all representatives have been notified when a patient faces a new health problem.

Inspectors wrote that they interviewed only members of a single night and day shift about the state’s mandated reporting law. It requires police, doctors, nurses and other medical staff to report to supervisors and regulatory agencies any suspected case of elder abuse.

Mandatory reporters who fail to make a report can be fined as much as $500 for the first failure and $1,000 for following failures.

According to the October report:
* Two of the 35 staff interviewed did not state that they would report abuse to their supervisor and follow the facility’s chain of command.
* Twenty-one of the 35 staff members interviewed were not aware they were required to report the allegation to the appropriate state agency.
* Two of 35 staff members interviewed were unable to answer what agency they would report suspected abuse to.
* Twenty-three of the 35 staff interviewed were unable to correctly identify themselves as a mandated reporter of abuse or could not define the term.

NHC spokesman Gerald Coggin, e-mailing the Bristol Herald Courier from the company’s headquarters in Murfreesboro, Tenn., wrote that it is nursing home policy to notify families, physicians and the appropriate authorities when abuse is suspected.

Inspectors arrived at NHC little more than a month after accusations surfaced that a former nursing aide there sexually assaulted male and female patients for years.

On Jan. 27, former nursing aide James Wright will face trial on four charges of aggravated sexual battery, which police allege happened to four NHC patients between 2000 and 2007.

Once the police charges surfaced, former NHC workers told the Herald Courier that supervisors either ignored or threw away written reports of the abuse. The former workers also said they were afraid they would lose their jobs if they skipped the home’s chain of command and called state regulatory agencies.

The sexual abuse claim that the administrator reportedly failed to pass on might be connected to the Wright investigation, conducted jointly by Virginia’s Attorney General’s office and Department of Health Professions. According to the inspection report, the home administrator, when asked about the sexual assault allegations surrounding a particular patient, noted that it was being investigated by the Department of Health Professions.

 

More staffing problems at nursing homes

There seems to be an increase of nursing home employees abusing, neglecting, stealing, or otherwise taking advantage of the vulnerable residents in their care.  Below are just some of the stories from the past few weeks:

RocNow by Democrat and Chronicle had a story about a CNA who is accused of stealing a credit card from a nursing home patient and then submitting a forged application for public benefits to Monroe County.   Latoya Harding, 28, employed at the Blossom South Nursing and Rehabilitation Center, was arraigned on several charges including fourth-degree grand larceny, offering a false instrument for filing, both class E felonies, and second-degree criminal possession of a forged instrument, a class D felony.

After Harding was fired from Blossom South because of the theft allegation, she allegedly applied for unemployment benefits. Harding allegedly submitted an application with a forged signature of a Blossom South employee and falsely claimed that she was laid off from Blossom South.   Harding is also accused of stealing a credit card from a 90-year-old patient suffering from dementia to pay her own cable, cell phone and utility bills. She also allegedly purchased items from Wal-Mart and made several cash withdrawals.

-----------------------------------------------------------------------------------------------------------------------------Woodtv.com had an article discussing the jail sentence of Michael James White.  He will only spend six months in jail for sexually molesting an 84-year-old resident of a nursing home. The woman is mentally and physically incapicitated.  White admitted to one count of criminal sexual conduct in the 4th degree.  The incident took place this past summer at Metron of Lamont.

-------------------------------------------------------------------------------------------------------------------------------- The Star-Ledger had an article about a nursing home employee arrested on charges he stole about $48,000 by forging employee paychecks, including those of mentally-challenged individuals who worked at the home.  Roel Lopez was responsible for distributing paychecks to mentally-challenged employees. An investigation found that Lopez kept employee paychecks and deposited them into his own account. Lopez also had phantom employees on the payroll, said the release. The thefts occurred over an approximately four-year period.  Lopez was charged with theft by deception and forgery. 

---------------------------------------------------------------------------------------------------------------------------------The Advertiser had an article about another nursing home employee accused of cashing an elderly woman's check at a Lafayette store.  She was arrested and booked into the Lafayette Parish Correctional Center.   Brandy Nicole Wilkins was charged with exploitation of the infirm and 11 counts of money laundering/transactions involving proceeds of criminal activity.

Wilkins, a former employee of Golden Age of Welsh Nursing Home in Welsh, is the second person arrested in connection with the incident. Vercey Lawdins, 26, was arrested on Oct. 13 on the same charges as Wilkins.  Lawdins is accused of stealing a $6,050 check from an elderly resident of the nursing home.  She and Wilkins then allegedly cashed the check at a Lafayette Wal-Mart store and used the money to buy 11 $550 gift cards, Gerdes said.


 

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