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.

"Mercy" killings or just murder?

Today we have a guest writer, Heather Johnson. who is a regular contributor to RNCentral.com, a great site for nurses and others interested in the nursing field.  We thank Heather for help insightful contribution.  Below is her entry.

Nursing Home Workers Face Neglect, Fraud Charges

Chicago Sun-Times reports that Nurse Marty Himebaugh and nursing director Penny Whitlock of a Woodstock, Illinois nursing home have been charged with criminal neglect of their patients and fraud. Police are currently investigating the deaths of six patients, which may be related to Himebaugh's reputation for playing "Angel of Death" to her patients. Allegedly, she gave patients overdoses of morphine when she worked at the nursing home and Whitlock failed to reprimand her.

Complaints had been filed against Himebaugh many times before she was eventually put on leave from her job in 2006. Some allege that Whitlock not only failed to discipline Himebaugh in a timely manner, she could have been encouraging the illegal actions. Authorities exhumed the bodies of three patients to determine if they had died as a result of an overdose, though results have not been made public.

In addition to criminal neglect, Whitlock has been charged with obstruction of justice after she allegedly ordered the destruction of drugs in the nursing home. Himebaugh also faces additional charges for fraudulently obtaining and illegally dispensing morphine. Police are not expected to file any more criminal charges against current or former employees of the nursing home.

According to attorney Steven Levin, who was hired by the family of an alleged victim, "It was flat out an attempt to kill people. I mean we don't kill old people in nursing homes in this country."

By-line:

Heather Johnson is a freelance writer as well as a regular contributor for RNCentral.com, a site which covers all things related to RN. Heather welcomes your comments and emails related to job inquiries at her email address, heatherjohnson2323@gmail.com.

Investigation into suspicious nursing home deaths

The Chicago Tribune has a story about the suspicious deaths possibly caused by morphine overdose at a nursing home.  McHenry County prosecutors acknowledge the suspicious deaths at the Woodstock Residence nursing home in Woodstock have been difficult to pursue.  Three bodies were exhumed last year, and tissue samples were sent to a Pennsylvania lab for analysis.

The bodies of three others whose deaths investigators consider suspicious could not be examined because they were cremated.  Alissa Nataupsky, administrator of the Woodstock Residence, has denied any wrongdoing at the home and has said the investigation was triggered by a former employee.

When Cole, 78, died in September 2006, the cause of death was listed as pneumonia. Cole had been living at the Woodstock Residence for two months.

If lab results do not conclusively show that morphine overdoses caused the deaths of the three former residents whose bodies were exhumed, a grand jury might be used to further investigate the case, a law enforcement source said. 


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 nearlyMore...