Lack of staffing led to death and cover up

Tony Bartelme of The Post and Courier had a great article about Alzheimer's, violence, and a cover up in nursing homes using the story of Dwayne Walls. It is a tragic story and clearly preventable.  Below is a short summary of the article.  Dwayne Walls was a resident of Veterans' Victory House, a large nursing home near Walterboro, who suffered Alzheimer's.  One day, they moved Walls to another room and put a dangerously psychotic patient in his old one. His wife warned nurses that Walls would try to return to his old room. "They said they were going to really watch him. But at midnight, I got a call that he had gone to his room and gotten beaten to a pulp," she said.

One night Walls went into another patient's room and climbed in an empty bed. Moments later, another patient walked in. He was 88 years old and also had dementia.  A nursing aide saw the man hitting Walls with his cane. Walls was on the floor, bleeding and unconscious.  An ambulance took Walls to the emergency room and phoned Walls' wife, Judy Hand. That night and over the next four days, they told her that Walls had merely fallen; they didn't mention the beating. Walls spent the next week in bed, and Hand was at his side when he died.   The nursing home's doctor later would write in Walls' file that his patient had contracted fatal pneumonia after becoming "immobile," but that the beating didn't account for this immobility.

In December 2006, investigators with the U.S. Department of Justice visited the facility: Staff gave patients wrong foods and medications and too often used physical restraints to control behavior problems. They found that the facility was poorly equipped to handle combative Alzheimer's patients.

"There appears to be no formal behavior program for residents diagnosed with Alzheimer's disease, placing residents at heightened risk for the use of physical or chemical restraints to control behavior, and placing them at heightened risk of physical assault by other residents who may become frustrated at their repetitive speech or wandering," investigators concluded.

The state Department of Mental Health owns the facility but has a contract with a private company called Advantage Veterans Services of Walterboro to run it. The company is affiliated with HMR Advantage Health Systems, which is based in Easley and operates 26 nursing homes in South Carolina and elsewhere in the Southeast.

Nearly 80,000 people in South Carolina have Alzheimer's, enough to fill the University of South Carolina's Williams-Brice Stadium, and that memory loss isn't the disease's only troubling effect: More than two-thirds will exhibit some form of agitation or combative behavior.  Aggressive behavior is a normal part of the brain's breakdown, nursing homes don't hire enough people to meet the needs of these patients. Many blacklist Alzheimer's and dementia patients with histories of aggression, leaving already stressed families and loved ones with few options.

There is no cure for Alzheimer's, but doctors are zeroing in on its causes. One leading theory involves proteins. Healthy people have stringlike proteins in their brain cells that normally curl like unfurled ribbons. These ribbons help nourish the cells. But in Alzheimer's patients, these ribbons get tangled, destroying the cells in the process, along with a person's memories and functions that control behavior.

 As happens with about 70 percent of Alzheimer's patients, Walls grew more agitated as the disease marched through his brain, though he was by no means the only person in the wing suffering these effects.  In 2008, staff at the Veterans' Victory House documented in his medical records how another resident pushed him to the floor one month, and how a month later Walls hit another resident in the head with his fist. In June 2008, a resident hit another, who fell into Walls and knocked him to the floor. In July, a staff member found Walls in another resident's bed, his fists balled.   By August, a month before Walls' death, staff noted that he was "aggressive to others and himself," particularly when he was scared. But then the storm clouds cleared. Staff noted on the day Walls was beaten that he had no behavior problems and was moving around well.

Walls had fallen and needed to go to the hospital for X-rays, a nurse said. She didn't mention the beating, or that a deputy had been called to investigate.  Hand drove to Walterboro the next Monday morning for a visit. "I walked into the room and gasped. He was black and blue all over, swollen and on oxygen. I ran out of the room and got a nurse. They came and I asked what had happened." Dwayne had fallen, they told her. Throughout the day, the home's employees stopped by to visit Walls to see how he was doing.  Later that afternoon, four days after the attack, she approached a staffer. "I said, 'He couldn't have possibly gotten that from a fall.' She looked at me and said, 'No one told you? He was beaten.' "  Colleton County Coroner Richard Harvey told her over the phone that the beating contributed to Walls' death, but she was surprised when the death certificate listed the cause as natural and didn't mention the altercation. In an interview, Harvey said he did an autopsy but the results showed that Walls died of pneumonia, not from any other injuries.

The doctor wrote the summary in November, two months after Walls' death, and after an ombudsman hired by the lieutenant governor's Office on Aging visited the home. The agency had received a complaint about "residents that beat other residents," low staffing levels and "residents sitting in soiled diapers."  After the visit, the ombudsman noted the altercation involving Walls but said the agency doesn't investigate resident-to-resident abuse.

The ombudsman nonetheless concluded, "There is a shortage of staff," after looking at the facility's staffing logs. The reports showed the Alzheimer's unit had just one licensed nurse on duty for 52 patients on morning shifts before and after Walls' attack. On one night shift, the wing had no licensed nurse at all. The ombudsman asked the nursing home to follow state regulations, which requires at least two licensed nurses during the morning shift and one on the night shift.

More recently, an investigator with the state Department of Health and Environmental Control made an unannounced visit to the home and found it hadn't properly reported the incident involving Walls and the 88-year-old man who beat him. State law requires nursing homes to report "serious incidents" involving residents who assault others.


 

 

 

Honor Veterans in Nursing Homes

On this Memorial Day, I was going to mention and celebrate all the veterans now living in nursing homes.  Here is a link to information about veteran services and nursing home care.  I hope and pray that these brave men and women receive the best care, treatment, and services America offers.  Unfortunately, there are stories every day about how veterans are treated poorly in nursing homes and don't get the care necessary to live with dignity. 

The Denver Post had an article about the administrator of the State Veterans Nursing Home in Rifle, Colorado,  who was finally fired after an audit discovered he stole resident's money.  He has been indicted for paying an employee $7,290 in state funds for veteran care to an employee who helped him restore a 1951 Cadillac. 

The indictment alleges that Robert Leslie Shaw asked Rifle nursing home maintenance worker Michael Walker to help him restore the car at Shaw's residence.  The work on the car began in October 2007, and Walker spent numerous weekdays and weekends working on the car at Shaw's home.   In addition, Shaw asked Walker to travel out of state to pick up parts for the car, and Shaw paid Walker for the transportation costs and expenses.  Shaw later paid Walker for 3,645 hours of on-call service, even though his job status did not entitle him to on-call pay. Nursing home employees who remain on-call — willing to come in to work in case of emergencies — are compensated $2 per hour for their time.

The Denver grand jury returned the indictment  charging Shaw with two counts of felony theft and one count of first-degree official misconduct, which is a misdemeanor.

I hope this guy rots under the jail.


 

DOJ settles with South Carolina nursing home

The Associated Press had an article about the settlement between the lame duck Bush Administration Department of Justice and C.M. Tucker, Jr. Nursing Care Center run by the State of South Carolina.  There is also one in the Free Times.  If you recall, the Free Times ran the article titled Death at C. M. Tucker almost a year ago and has followed the investigation from the start.  Here are some of the facts of the settlement.

A South Carolina agency and the federal government have reached a settlement eight months after the Justice Department accused a state-run nursing home of providing inadequate care to residents.  Many of  which led to injuries and death.  The settlement was a compromise, and an ugly deal made between Bush outgoing DOJ and SC. The settlement avoids litigation (and avoids further scrutiny and embarassment).   The settlement requires the nursing home to start programs for  training, monitoring, reporting, and evaluation requirements. It requires staff to pay close attention to patients’ weight, food intake, pressure sores and pain management, and all deaths must be reported to the federal agency.  (All of these things should have been done before).

The agreement follows a scathing, detailed report issued by the Justice Department.  This facility is home to 360 residents, including 70 veterans, in three buildings. Many of have severe physical or mental impairment.  The investigation was conducted in fall 2006 under the Civil Rights of Institutionalized Persons Act. Most Tucker residents' care was paid by Medicaid. The May report called the facility a “nursing home of last resort for hundreds of patients with long-term psychiatric illnesses.”

Among the findings, it accused caregivers of not identifying or addressing patients’ swallowing disorders. In one example, it said a 59-year-old man died four weeks after being diagnosed with a lung infection caused by inhaling food or liquid. The report said swallowing problems may have contributed, as the man lost 20 percent of his body weight over four months because he was unable to chew and ingest safely.  Other issues include not regularly turning and repositioning patients to avoid bed sores, not giving dying patients enough pain medication, improper nutrition, not doing enough to prevent falls that cause injury, inadequately investigating accusations of abuse, and unsanitary conditions.

 

Nursing home population getting younger

The New Jersey Courier Post online had an article about how nursing homes' populations are getting younger.  Below is an excerpt from the article:

At 45, John Eickmeyer is the youngest resident of the New Jersey Veterans Memorial Home on North West Boulevard.  His roommate is 86 and has advanced Alzheimer's disease. That disparity isn't unique to the veterans home.

Eickmeyer is one of a growing number of younger residents in long-term care facilities traditionally viewed as places for the elderly.   At the veterans home, the average age of residents is 81.

But, 24 of the home's 290 residents -- or roughly 7 percent -- are under age 65.   In December 2003, 12.4 percent of New Jersey nursing-home residents were under age 65, according to the Centers for Medicare & Medicaid Services. In December, 14.3 percent were 65 or younger.
Across the country, 12.3 percent of nursing-home residents were under age 65 in December 2003. Last year, that number increased to 13.9 percent. In all instances, the vast majority of those residents were over age 30.

Health-care experts said the number of younger residents in nursing homes and assisted-living facilities will continue to grow, creating new challenges for administrators who must find ways to provide quality of life for residents who might be a half-century apart in age.

At first, Eickmeyer found it hard to adjust to being lumped in with an older crowd.

"It was culture shock," said Eickmeyer, who grew up in Waterford and lived in Hammonton before moving in to the veterans home.   He and some of the older residents disagreed on things as simple as room temperature.  But, Eickmeyer eventually saw an upside to living with people old enough to be his grandparents.

"Thrown into an environment like that, you listen first," he said. "I figured I could learn a multitude of information from older people, and I did."

"Within the next 10 to 15 years, there will be more of an influx of those who served in Vietnam, Desert Storm and more recent conflicts," he said.

Reach Tim Zatzariny Jr. at tzatzariny@thedailyjournal.com

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearlyMore...