Articles Posted in Nursing Home Abuse and Neglect

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The online magazine Long-Term Living has compiled a list of persons it has determined as the “most influential” in the long-term care industry. It prefaces its list with a kind of warning that the industry has a storied history “full of ups, downs, hair-raising regulation and heartwarming innovations.” The magazine doesn’t identify the “downs” or the “hair-raising regulations,” but a clue might be a name included on short list (that also includes the late Edward Kennedy).

The magazine has listed James L. Wilkes, II of the law firm Wilkes & McHugh, P.A. to the list of most influential persons in the long-term care industry. Based in Florida, Mr. Wilkes is a nationally recognized attorney who, like the Walton Law Firm, represents individuals and families who have been impacted by nursing home neglect, a far too common occurrence in American nursing homes. Mr. Wilkes is described as a “holy terror” to nursing homes, because of the lawsuits he files against them for “negligent resident care, often manifested by life-threatening pressure ulcers, falls, fractures, and assaults due primarily to alleged understaffing by large for-profit chains.”

Congratulations to Ms. Wilkes for his inclusion on this list, and for fighting the fight on behalf of abused and neglected nursing home residents everywhere.

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An elder abuse and neglect lawsuit has been filed on behalf of an elderly Korean-American woman who died last year after what the family alleges was abusive treatment by her caregivers. Kyong-hui Duncan died last June while her family was looking for a new nursing home to take her to after it became concerned about the care she was receiving.

When the family’s concerns began, Ms. Duncan’s grandson installed a security camera in her room. The camera wasn’t hidden, and caregivers knew about its presence, but family members became suspicious when they would frequently find the camera turned off when they came for visits.

Though the family claims the camera was often shut off by care providers during routine visits, images taken by the camera during one such visit show caregivers violently shaking Duncan as they attempt to place her in a wheelchair. The family adds that she would often be seen sitting in her room for hours, crying for help, sometimes upside down in her wheelchair, without any response from the attendants at the center. Bruises were also periodically found on her body, while an autopsy revealed toxins from medicines not prescribed by her doctors.

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The nursing home industry (and nursing home lawyers) was stunned earlier this year when a Humboldt County jury returned a class action verdict against the nursing home chain of $677 million dollars. The plaintiffs alleged, and the jury believed, that Skilled Healthcare, the owner of many nursing homes in several states, routinely understaffed its California nursing facilities, compromising patient care in an effort to maximize profits.

The case was a battle. ”Everything was fought tooth and nail,” Timothy Needham, lead trial lawyer for the team of plaintiff lawyers told the Times-Standard. The trial lasted six months. But the verdict was so big it created practical problems for the victors, and potentially fatal concerns for Skilled Healthcare, a publically traded company. Because of the size of the verdict, Skilled Healthcare could not afford to pay such a huge judgment and could not appeal the result (appeals require the posting of a bond, which is a percentage of the verdict), and the plaintiffs really didn’t want to take over the company. So, smartly, everyone agreed on a settlement.

It was announced yesterday that the verdict of $677 million was settled for $62.8 million.

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The giant nursing home neglect verdicts continue to come in around the country. Last week, a jury in Kentucky awarded the family of a neglected nursing home resident $42.75 million after the resident became lethally dehydrated and malnourished, and arrived at the hospital covered in bed sores. The resident died as a result.

According to news accounts, 92-year-old Joseph Offut had been a resident of Harborside nursing home for only nine days prior to his death. The World War II veteran had been very active up until the age of 90, when he suffered a stroke and was cared for by his wife of 58 years. Like many, after some difficult conversations the family ultimately decided that Mr. Offut needed professional care and placed him in a nursing home.

After his death, Offutt’s family filed a lawsuit for wrongful death against the nursing home’s parent company, Sunbridge Healthcare Corp. The lawsuit alleged that caregivers at the nursing home neglect Offut, causing him to suffer severe dehydration, malnutrition, decubitus ulcers, and ultimately death.

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It is being reported by California Watch that the U.S. Department of Justice is investigation what is being described as lax care at several California nursing homes, and even threatening criminal and civil actions against those homes. Specifically, the investigators will be examining the use of psychotropic drugs in these facilities and those injured by the misuse of such drugs. Also being investigated are the nursing homes that prematurely discharge patients whose condition requires them to stay.

The investigation was triggered in part by the federal health reform law that includes the Elder Justice Act. That act allows for the coordination between the U.S. attorney general’s office and local and state law enforcement to crack down on elder abuse and neglect. The Northern California office of the Justice Department retained the services of a consultant, who interviewed local ombudsmen’s offices about nursing home complaints. Out of those interviews, several facilities were identified.

U.S. Attorney Melinda Haag told California Watch that her office hired the consultant approximately two months ago, shortly after a California Watch article about the decline in the prosecution of elder abuse cases. “My office is in the process of evaluating the complaints our consultant gathered and will prosecute, to the fullest extent of the law, those individuals who are in violation of federal statutes,” Haag said in a written statement.

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This story makes one wonder what would happen if a hidden camera sting was done in every nursing home. The attorney general of New York placed a hidden camera in a single room of a long-term care facility, which resulted in an indictment against nine nurses, the nursing home, for a whopping 169 separate crimes.

The indictment filed in the case alleges 57 instances of neglect during a three-month period in 2009. With the family’s permission, a hidden camera was placed in the room of a 53-year-old resident who suffers from multiple sclerosis and other mental and physical illnesses. The video revealed that the nurses failed, on several occasions, to turn the patient regularly as required, failed to medicate as needed, treat his pressure ulcers, or even change the resident’s clothing. Of course, in the medical chart, these nurses stated that all this care had been provided. The fraudulent medical charting resulted in further criminal charges.

In interesting footnote to the story, when the alleged abuse revealed, several people came to The Record newspaper to tell their stories of abuse or neglect inside the facility, including unanswered call lights and untreated infections and bed sores.

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There has been a string of large verdicts against nursing homes for poor care. A few months ago, a Northern California jury returned a verdict of over $600 million against a nursing home chain for deliberately understaffing its homes and putting residents at risk. Two weeks ago an Orange County jury awarded $3.1 million in a case involving a morphine overdose. And last week, a Georgia jury awarded $43 million in a wrongful death lawsuit, believed to be the largest in the state’s history against a nursing home.

In the Georgia case, the surviving family members of 80-year-old Morris Ellison sued after their father died after a stay at the Moran Lake Nursing Home. Mr. Ellison fell numerous times in the home, including one fall that broke his hip. According to reports, the nursing home failed to notify doctors when Mr. Ellison suffered his fracture.

The nursing home was operated by a company called the Forum Group Corp., which was owned by attorney George Houser. Houser represented himself and the nursing home during the trial, and, of course, lost big. But after the verdict, things only got worse for Houser. Immediately after the verdict was rendered, Houser was arrested and taken into custody for contempt of court.

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The AP has a story out today about the Skilled Healthcare Group verdict in Northern California, where a Humboldt jury awarded a class of plaintiffs $677 million dollars for what it determined was chronic and deliberate pattern of understaffing at its nursing homes that left elderly residents at risk of harm. The jury found that Skilled Healthcare regularly violated state regulations requiring it to keep a minimum number of nurses on duty at its 22 homes in the state.

One witness in the case recalled visiting her father, who had Alzheimer’s disease, and frequently finding him lying in urine-soaked sheets. She said it would routinely take up to 20 minutes for someone to respond to a call light.

“The major problem for most nursing homes in California and in the nation is staffing,” Pat McGinnis, executive director and founder of the California Advocates for Nursing Home Reform, told the AP.

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A resident of St. Edna skilled nursing facility in Santa Ana (a Covenant Care facility) was awarded $3.1 million by an Orange County after the jury found that the nursing home failed to recognize that the resident was overdosing on morphine. The jury also found that the nursing home acted with malice or oppression, and will award punitive damages at a hearing next Tuesday.

St. Edna’s was among the many California nursing homes who received $880 million in Medi-Cal compensation from the state in a program that began in 2004, and was designed to promote care and avoid staffing deficiencies. Many homes that received the additional money still reduced staffing, despite profiting from the additional funds. Apparently St. Ednas was one of those homes.

In this case, Barbara Lefforge was admitted to St. Edna on Sept. 17, 2007, to rehabilitate from tendon repair surgery. Her surgeon mistakenly recommended 50 mg of morphine for pain instead of 50 mg of Demerol. That is a huge dose of morphine, which Lefforge’s attorney argued should have been promptly caught by the nursing home staff. According to reports, a nurse at the facility could not get the full does, so took 30 mg from an office emergency kit and gave it to Lefforge, who suffered an overdose, which itself went unnoticed by the staff. She suffered a major brain injury.

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It was announced this morning that six nursing home workers were arrested for playing a cruel prank on several residents at the Valley View Skilled Nursing Facility. According to a release from the California Attorney General’s office, the employees applied a slippery ointment cream over the bodies of seven elderly nursing home residents to make them “slippery” for the oncoming shift. It is believed that the residents were selected because all suffered from advanced dementia, and could not object to the mistreatment.

“As part of a cruel and shocking prank, these caregivers abused defenseless elders,” AG Jerry Brown said. “This is despicable behavior by people placed in a position of trust.”

After an investigation by the California Bureau of Elder Abuse, the district attorney’s office has filed a misdemeanor criminal charge against each employee for injury to elder or dependent adult; battery committed on elder or a dependent adult; conspiracy; and battery committed while on hospital property.

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