Morphine as a Murder Weapon

The News & observer had an article about the tragic death of nursing home resident Rachel Holliday.  Angela Almore was arrested and accused of murdering Holliday after an investigation found that Almore gave Holliday morphine that was not prescribed or needed. The indictments allege that Almore intentionally caused each to "ingest morphine that proximately caused serious bodily injury."  Almore has been a registered nurse for four years, and was responsible for taking care of  84-year-old Alzheimer's patient holliday at Britthaven of Chapel Hill.

A medical examiner reported that Holliday died of pneumonia from asphyxiation, and that the levels of morphine in her system likely contributed to her death.  The report listed "morphine toxicity" as a contributing factor to her death, noting that tests done at UNC Hospitals before her death determined she had a morphine level of more than 50,000 nanograms per milliliter of urine.

Almore was also charged with six counts of felony patient abuse related to other Britthaven patients who were hospitalized after they became lethargic. Tests indicated they had been given morphine, even though none had been prescribed the powerful pain medication. All but Holliday survived.

Nursing homes that receive Medicare and Medicaid funding must follow specific regulations about how medications are bought, stored, ordered and distributed. If the nursing home's oversight was lacking, it must correct the problems and could face fines and be held liable for the death of holliday.

See other article about these incidents here and here.

Medication Error leads to death

KSAX.com had an article written for the web by Megan Matthews on the tragic and preventable death of a nursing home resident at Fair Oaks Lodge after an employee accidentally gave her the wrong medication, according to a Minnesota Department of Health investigation.  An employee accidentally gave the Alzheimer patient another patient's medicine on June 1, 2009. The mistake caused a drop in blood pressure, and the woman was taken to the hospital where she died six days later in intensive care.

CEO Joel Beiswenger did not accept responsibility but said  "It was just one of those things that happened. Nobody intended to do anything, and it was the human making the tragic error," Beiswenger said.

But the same medicine mistake has happened before; twice to two other patients, which means the nursing home made three significant medication errors from May 27 to June 12, 2009.

The other two patients survived, but the state held Fair Oaks Lodge responsible for neglect, and the nursing home had to improve their procedures and be audited.

 

 

 

Investigation into Fatal Medication Error

I read two articles about the fatal medication errors at Britthaven of Chapel Hill.  One article was done by WRAL, and the other article was from News Observer. Several patients tested positive for opiates when there was no order for those medications.  Nine Alzheimer's patients tested positive for strong pain-control drugs that they weren't supposed to be receiving.  Often, nursing homes will use chemical restraints on demented residents to keep them quiet and sedated.

The Britthaven of Chapel Hill nursing home, which has a spotty record of patient care, notified state authorities after one patient's blood tests showed the presence of opiates.  That patient died.  Dr. Allen Mask of WRAL's Health Team said side-effects of opiates include sedation, drowsiness, nausea and constipation.  "In high enough doses, it can cause respiratory depression, cause you to stop breathing," Mask said.

When that patient's blood results came back positive for opiates, nursing home staff grew alarmed. They noted that some other patients in the home's 29-bed Alzheimer's unit showed signs of lethargy, and were also tested.  Opiates were found in at least two other patients, who were admitted at UNC Hospitals. Britthaven then notified authorities, including the Chapel Hill Police Department and the state Department of Health and Human Services, which oversees adult care facilities.

No drugs were out of order or missing at the nursing home. 

Britthaven has had regulatory issues in recent years at its Chapel Hill facility, which has 133 beds. Prior to the current incident, the nursing home had been designated a "special focus facility" because of persistently poor care.  During inspections in 2008 and 2009, the nursing home was found to have subjected some residents to imminent jeopardy by failing to protect them from abuse. Residents got only about half the state average of hour of care by certified nursing assistants. In November, Britthaven paid a federal fine of $7,117.54 for failing to provide enough supervision to prevent accidents to residents.

 

Medication error leads to rectal bleeding

The Madison and St. Clair Record had an article about a lawsuit filed against a nursing home for giving a resident a blood thinner that caused rectal bleeding.  Ron Matikitis filed a lawsuit in Madison County Circuit Court on behalf of Ann Matikitis against Bravo Care of Edwardsville. Ron Matikitis claims nurses at Rosewood Care Center in Edwardsville - a nursing home licensed by Bravo Care - administered 4 milligrams of Coumadin to Ann Matikitis on Sept. 24, 2008, despite the fact that her physician had ordered her prescription to be held because of an elevated PT/INR lab result. The drug, usually used to prevent blood clots, ended up causing Ann Matikitis to experience massive rectal bleeding and to be hospitalized.

In addition to her injuries, Ann Matikitis suffered a marked deterioration of her prior physical condition, incurred substantial medical bills and suffered great pain and anguish. In addition she suffered a severe and permanent disability.

Ron Matikitis blames Bravo and its employees for failing to properly consult with Ann Matikitis' physician and her family members about her deteriorating condition, for failing to timely report the medication error, for failing to provide appropriate general nursing, for failing to record the medication error and for failing to comply with a physician's orders. In addition, employees negligently failed to record the care provided and Ann Matikitis' reaction to the prescription and violated resident care policies, according to the complaint.

Ron Matikitis seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

Robert H. Gregory of the Law Office of Robert H. Gregory in East Alton will be representing him.
 

Incorrect transcription of doctor's order leads to stroke/death

The Star-Tribune had an interesting article about the massive stroke and death of a resident caused by a nursing home failing to give a medication despite a physician's order.  State investigators say a woman recovering from spine surgery died of a massive stroke in June after a nursing home in Faribault, Minn., failed to give her a medication prescribed to prevent blood clots.

The doctor's order was incorrectly transcribed by a nurse at Faribault Commons Nursing and Rehabilitation, and the home did not have adequate checks to spot the error, its administrator acknowledged Monday. The home was cited for neglect.

The report, made public last week by the department's Office of Health Facility Complaints, said this is what happened:

The unidentified patient was moved from a hospital to Faribault Commons on June 2 for rehabilitation therapy with orders for the daily Lovenox injection.  She was given the drug for three days, mistakenly did not get it on the weekend, then got it again for four days.  Then the treatment was stopped because a nurse mistakenly had written that it was to end on June 11, instead of July 11 as ordered.  The patient had a massive stroke on June 17 and was sent to the hospital, but returned to the nursing home two days later for end-of-life care. She died on June 24.

 

How complaints are handled by state agencies

Stephanie Flemmons at sflemmons@acnpapers.com had a great article in the Plano Courier.  The article discusses how a complaint was handled by the state agency responsible for investigating nursing home resident's complaints.  Richard Ward was a resident who received a serious medication error that could have killed him.  The Texas Department of Aging and Disability Services ruled not to take any action against a facility that almost killed him.

“It strikes me as, you may have made a medication error that could have killed someone, but oh well,” Ward said. “We are not working on cars here, we are working on people.”

Ward’s formal complaint stated that the Life Care Center of Plano failed to administer the proper medication, which almost caused a fatal heart attack.  When Ward admitted himself to Life Care, he provided the nursing staff with an itemized list of the types of medications he was required to take, what the dosages were and the actual medications.

Ward said the nursing staff failed to administer his Coumadin.  He became aware days later when his physician conducted her examination.  “When the doctor conducted her physical it was almost too late,” Ward said. “She panicked after the results from an INR test came back normal. A normal level for a person with my heart conditions is a dangerous place.”

The physician immediately ordered Lovenox injections and Coumadin.  “I felt like I was on the brink of death,” Ward said. “I panicked.”

That night on May 28, Ward received his required Coumadin.  The next day the errors kept occurring. He received his Lovenox the next morning, but did not receive it that night.

“Medication time is at 9 p.m. and I waited until 10:30 p.m. to ask the nurses,” Ward said. “They argued with me. I had to force them to look it up.”   Ward said they realized they made a mistake, but at that point he had had enough.  “I thought these people were going to kill me,” Ward said. “That was their last chance.”

The state agency ruled this claim as unsubstantiated or unverified.

“I am flabbergasted,” Ward said. “I brought them a typed list of every medication that I picked up from the Medical Center of Plano before I admitted myself.”   Ward discharged himself from Life Care.  He reviewed his medical records.  The typed list was no longer in the records.

“They took it out because it showed blatant negligence,” Ward said. “All they had to do was lose one piece of paper and they wouldn’t look so bad.”

Ward’s second complaint alleged that the facility failed to maintain accurate clinical records.  DADS did find that the facility did have his name incorrect, but they did not issue a citation.

“How would they know who they were giving medicine to if they did not have the patient’s correct name?” Ward said. “At some point they gave me medicine, without the correct name on my records.”

Ward wrote prescriptions for 20 years in the Army and as a civilian.  He is concerned that the state agency’s rulings on both claims proves future such rulings could take the life of an innocent person.  “You just can’t make a mistake like this and not have any repercussions,” Ward said. “If they are doing this to someone who is awake and alert and knows how to read medical records, I’m sure they are doing this to someone else. I’m not an isolated case.”

Ward said they never contacted any of his family members or even asked him many questions regarding the claim.   According to DADS annual report, medication errors are No. 8 in their top 10 list for complaints.

 

Police investigating suspicious death of nursing home resident

Newport News Dailypress.com had an article about a suspicious death of a resident of a nursing home.  There appears to be a link between his death and medicine he got the day before.

A nurse who gave unauthorized medicine last week to a nursing home resident who later died has been fired.  Police are considering whether the medication caused or contributed to the death of John P. Stratton, 76, of Newport News, who was staying at the James River Convalescent and Rehabilitation Center.  Stratton was given the medicine on May 5, and died about 4 a.m. on May 6.

The nurse's decision to give Stratton the medicine was not an accident.   "She intentionally gave him the medication," police said. "Her intent in giving it to him will have to come out later."

Police are trying to find out whether Stratton was given an increased dose of a medicine he was prescribed, or medicine he wasn't supposed to get at all.

Joseph Law, James River Convalescent's administrator, said the nurse — whom he declined to identify — was fired after an internal investigation. The actual reason for her firing, Law said, was separate from the issue surrounding Stratton's death. "The nurse was terminated because of facility protocol," Law said. "During our investigation some other information was discovered." He did not elaborate. What a bunch of nonsense. Clearly the facility does not want to admit what happened or what they found out in their "internal investigation". 

It could take a month or longer for the toxicology results.  The examination will include any possible interaction between the medicine the nurse gave him and other drugs Stratton was taking.

One of Stratton's daughters, Denise Barnes of Newport News, said the family doesn't know what drug or drugs the nurse gave her father.   A staffer at the home brought to his attention the possible link between the medication and Stratton's death. He then called police and state agencies.

I'm surprised they didn't fire the staffer who refused to cover it up.

Jury compensates family for death of resident from overdose

Tucson Citizen had an article about a recent jury verdict where a jury awarded a Tucson family $6 million for a death involving an 81-year-old relative who died of a morphine overdose.  Mary Culpepper and two other relatives were awarded $2 million each.  Culpepper sued Manor Care, TMC, a doctor, nurse and pharmacy over the Dec. 8, 2003, death of her mother, Sylvia Culpepper.

She was admitted to TMC on Dec. 2, 2003, suffering from sciatica, a painful nerve condition.
On Dec. 4, 2003, she was prescribed 15 milligrams of morphine twice a day. Two days later, her dosage increased to 30 milligrams, twice a day.   When Culpepper was transferred from TMC to Manor Care, prescription orders contained both dosages.

The Manor Care staff failed to note the discrepancy in the prescriptions and gave her both dosages, both twice a day causing her death.  An autopsy determined that Culpepper died of acute morphine intoxication.

According to the jury's verdicts, the doctor, nurse and pharmacy weren't to blame for the death. The nursing home had the ultimate rersponsibility for the medications given to the resident at their facility.

Anonymous caller uncovers cover up

This article shows how some employees will not cover up neglect and abuse in nursing homes unlie the majority who are more loyal to their corporate masters than the residents they are bound to protect.

June Dankert was 87 and in good health when she died May 10. For the previous two years, she lived at the Tendercare Nursing Home in Hastings.  Her family said she wrote dozens of letters to loved ones each week to help keep her mind sharp.

After the funeral, an anonymous phone call raised questions.

June's daughter, Kay Trantham, told 24 Hour News 8 a woman from Tendercare called to tell the family how Dankert really died.  "When you go into a coma with no apparent reason, you do wonder," Trantham said. "Apparently, she was given her roommate's hospice medication."

The caller told Trantham there was a delay in getting her mother to the hospital, followed by a cover-up.

Documents obtained by 24 Hour News 8 from the state Department of Community Health divulge more, and confirm dates and stories about "resident number 402" - Dankert's resident number in paperwork provided from the state to Trantham.

The investigation shows multiple citations because Resident 402 was given medication meant for someone else. Resident 402 soon lapsed into a coma and died. Family and emergency room doctors were not notified of the mistake.

Records also show conflicting nurse notes on May 9, from the early morning to the afternoon when Resident 402 was finally taken to the hospital.


Morphine overdose ruled as a homicide

The family of Florence Pierpoint, a 79-year old nursing home patient who was killed while in the care of a Tacoma nursing home, filed a lawsuit after a medical examiner ruled her death a homicide caused by a morphine overdose.

The complaint  includes charges that the facility's staff failed to administer medications according to the physician's orders and neglected to monitor Pierpoint's condition. 

Pierpoint was transported to the facility after returning from a stay at a local hospital where she was treated for pneumonia she acquired in the nursing home.

On November 2, 2004, records show a sudden and drastic decline in Pierpoint's condition, noting confusion and disorientation. The nursing home's response was to administer additional doses of morphine and Xanax, a powerful anti-anxiety drug.  Later that day, Nisqually staff reported that Pierpoint was becoming increasingly restless and they administered additional morphine.

"I noticed my mom's dramatic slide, from awake and aware to nearly comatose," said Linda Fox, Pierpoint's daughter. "I raised these issues with Nisqually's staff, but they chose to ignore my pleas."

Pierpoint died less than one hour after the additional morphine was administered.

"Florence's family is adamant that the nursing home and the responsible staff be held accountable for their actions," Meyers said. "Their deepest fear is that other patients could be at risk." 






An autopsy by the chief Pierce County medical examiner, John Howard, M.D., ruled that Pierpoint died of "acute morphine poisoning." In his declaration, Howard states that "there is no indication in the patient's record that the level and dosage and frequency of administration, sometimes on the hour, was justified." Howard classified the death as a homicide.

Howard goes on to note that two of the symptoms of morphine poisoning are restlessness and agitation.

"We intend to prove to a jury that Nisqually failed to follow the physician's instructions when caring for Florence," said Ron Meyers, co-counsel representing the family. "We will show that when she began showing symptoms of morphine poisoning, they did exactly the wrong thing - they gave her one more, lethal dose.

Inspectors from the State of Washington found Nisqually in violation of state and federal regulations regarding quality of care in this case.

Soundcare Inc. operates four facilities in Washington, including Bridgeport Place Assisted Living and University Place Care Center, both in Tacoma, Wash., Messenger House Care Center in Bainbridge, Wash. and Nisqually Valley Care Center and Nisqually Valley Residential Care in McKenna, Wash.

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearly 60 years ago by three attorney brothers: Matthew, J. Manning, and Bernard. With a history of believing the justice system...More...