Friday, September 27, 2024

Estate of Former U.S. Cadet Nurse Files Landmark Elder Abuse Lawsuit Against The Hebrew Home of Greater Washington


News provided by

Estate of Sara McAlpin

Sep 26, 2024, 16:15 ET


 

From Bedsores to Black Eyes, Evidence in this Case Reveals Alleged Atrocities Inside Maryland's Largest Nursing Home  

ROCKVILLE, Md., Sept. 26, 2024 /PRNewswire/ -- In a case that is being hailed as part of a new "#MeToo moment for elder abuse," the Estate of Sara McAlpin, a former United States Cadet Nurse who dedicated her life to serving others, has filed a lawsuit against the Hebrew Home of Greater Washington, the largest nursing home in the state of Maryland, for elder abuse, negligence, false claims, wrongful death, breach of contract and fraud.

Sara McAlpin, who passed away at the age of 96, succumbed to complications of elder abuse, including a Stage 4 pressure ulcer, also known as a bed sore - a condition that medical professionals universally recognize as a clear sign of neglect. Her injury, the most severe type of bed sore, was characterized by exposed bone, damage to underlying tissue, and an elevated white blood cell count. It was 4x4x3 cm and larger than the diameter of a teacup.

According to the seven-count complaint, "as a result of deceptive marketing practices, substandard care and infection control, gross understaffing, persistent and continuous roach and vermin infestations, a failure to comply with federal and state law, the Maryland Department of Health regulations, and other relevant regulations, and a failure to meet the most basic needs and contractual obligations of residents, Sara McAlpin and scores of vulnerable elders have experienced pain and suffering or even death at the hands of the very professionals entrusted with their care."

"The tragic irony of a nurse dying from one of the most preventable and insidious problems she would have seen in her own profession cannot be overstated," said Ian McCaleb, spokesperson for the Estate of Sara McAlpin. "Bed sores of this severity are, by definition, the result of neglect."

The lawsuit sheds light on the pervasive issue of elder abuse in the Hebrew Home of Greater Washington, nursing homes, and long-term care facilities. According to the National Council on Aging, approximately 1 in 10 Americans aged 60+ have experienced some form of elder abuse. According to reports, only about one in 24 cases of abuse is reported to authorities.

"Sara McAlpin spent her formative years caring for others as a U.S. Cadet Nurse during World War II. She deserved far better than to die from neglect at the Hebrew Home of Greater Washington," McCaleb stated. "This lawsuit isn't just about Sara; it's about giving a voice to all elderly individuals who suffer in silence."

The case brings attention to the often-overlooked issue of elder abuse, particularly in care settings where residents are most vulnerable. According to medical experts, pressure ulcers, especially those progressing to Stage 4, are preventable with proper care and attention.

The Hebrew Home of Greater Washington provides long-term care and rehabilitation services to the elderly community. Managed by Charles E. Smith Life Communities, the facility is licensed by the Maryland Department of Health's Office of Health Care Quality and the Montgomery County Department of Health and Human Services' Office of Licensure and Regulatory Services.

"We're calling this the #MeToo case of elder abuse because it's time to break the silence," McCaleb added. "Just as the #MeToo movement brought sexual harassment and assault into the spotlight, we aim to expose the systemic issues leading to elder abuse and neglect, even in facilities as prominent as the Hebrew Home of Greater Washington."

This lawsuit comes at a crucial time when Maryland is taking steps to address elder abuse. In July 2023, the Maryland General Assembly authorized the Task Force on Preventing and Countering Elder Abuse. This task force is charged with studying current laws, policies, and practices related to elder abuse, signaling a growing recognition of the issue at the state level.

The lawsuit, filed in The Circuit Court for Montgomery County, Maryland, seeks monetary and punitive damages and calls for systemic changes in elder care practices, not only at the Hebrew Home of Greater Washington but across all care facilities in the state and nation.

For more information about the lawsuit, see case no. C-15-CV-23-0046654.

For media inquiries and the estate's investigation into elder abuse and neglect at the Hebrew Home of Greater Washington d/b/a Charles E. Smith Life Communities, contact elderabuseinquiries@gmail.com.

About Sara McAlpin: She was the proud mother of two children, grandmother to four grandchildren, and "Auntie" to countless nieces and nephews. At the time of her death, Sara McAlpin, age 96, was a retired licensed practical nurse, educator, and child advocate. She served as a United States Cadet Nurse during World War II and continued her nursing career for over four decades, touching countless lives with her dedication and compassion. She co-founded a Montessori school in Philadelphia in 1968. In addition, she served as a special education teacher for the Philadelphia Board of Education. Before retiring, she attended the Birmingham School of Law from 1988-1991.

SOURCE Estate of Sara McAlpin

Source:
Estate of Former U.S. Cadet Nurse Files Landmark Elder Abuse Lawsuit Against The Hebrew Home of Greater Washington

Warren Nursing Home Manager Charged with Embezzling Resident Funds

LANSING – Today, Alex Ambrose, 27, of Southfield, was arraigned in 37th District Court in Warren for allegedly embezzling over $7,000 from eight vulnerable adults between September 2023 and January 2024, announced Michigan Attorney General Dana Nessel. The former manager with Mission Point Nursing & Physical Rehabilitation Center of Warren is charged with four counts of Embezzlement from a Vulnerable Adult $1,000 or more, but less than $20,000, a 5-year felony, and five counts of Embezzlement from a Vulnerable Adult $200 or more, but less than $1,000, a 1-year misdemeanor, for allegedly acquiring $7,792 in checks from nursing home residents and then depositing into his personal accounts.

“Using a position of trust and authority to steal from vulnerable adults is reprehensible,” said Nessel. “Such behavior has consequences, and my office will work to make sure perpetrators are held accountable.”

Ambrose was arraigned in the 37th District Court before Judge Michael Chupa and released on a $20,000 cash or surety bond. Ambrose is next due in court on October 3rd, and preliminary examination in this matter is scheduled for October 10, 2024.

The Attorney General’s Health Care Fraud Division (HCFD) handled this case for the Department. The HCFD is the federally certified Medicaid Fraud Control Unit for Michigan, and it receives 75% of its funding from the U.S. Department of Health and Human Services under a grant award totaling $5,541,992 for the fiscal year 2024. The remaining 25%, totaling $1,847,326 is funded by the State of Michigan.

###

Please note: For all criminal proceedings, a criminal charge is merely an allegation. The defendant is presumed innocent unless and until proven guilty. The Department does not provide booking photos.

Source:
Warren Nursing Home Manager Charged with Embezzling Resident Funds

Thursday, September 26, 2024

Disability rights at center of guardianship court case

A petition for guardianship over Peter Brumlik who has autism, filed by his mother before he turned 18, alleged he was unable to care for himself and lacked the capacity to make major life decisions. She abandoned the claim but Disability Rights New Jersey is fighting court-ordered conditions attached to the dismissal.


Source:
Disability rights at center of guardianship court case

The Impact of Act 61 - Additional Considerations for Guardians: Guardian Certification and Waiver Petitions


Written by: McNees Wallace & Nurick LLC

Pennsylvania guardianship rules and processes are subject to significant changes through the enactment of Act 61 of 2023 (Senate Bill 506; PN 843). This legislation, which updates the legal framework surrounding guardianships, is part of a broader legislative effort to protect the Commonwealth’s most vulnerable citizens who may be the subject of guardianship proceedings.

Act 61, which became effective on June 11, contains a key provision:  the introduction of new certification requirements for all “individuals seeking guardianship” of three (3) or more incapacitated persons.  Despite the legislators’ use of the sole term “individuals” in the section of the statute addressing certification, individuals, agencies and other organizations who serve as guardians in the Commonwealth of Pennsylvania should take care to monitor the legal landscape surrounding these new rule changes.  We expect that there will be further development and clarification of authority outlining the new guardianship certification requirements, to whom they apply, or the grounds, standards, and procedures for courts in Pennsylvania to waive certification requirements.  In the meantime, there will likely be disputes as to who needs to obtain certification.  The statute also expressly provides for waiver of the certification requirement, and waiver petitions will continue to be filed until there is more clarity around the certification requirements and perhaps more options available to guardians to obtain certification.

Certification requirement for “individuals”
Act 61 adds certification requirements for “individuals” seeking to be appointed as guardians of three or more people.  At least at this time, it is not entirely clear whether the new certification requirement applies to professional guardianship agencies, fiduciary organizations serving as guardian, or employees of those entities.  What was precisely intended through this important legislative initiative?

The legislative history associated with this section suggests that the changes were intended to cover professional guardianship agencies and fiduciaries, but the express language in the statute uses the word “individuals,” creating what could be viewed as an ambiguity requiring additional guidance or legislative action.  The legislation did not change who can be appointed guardian; that statutory provision sets forth a list that includes “any qualified individual” along with others.  The certification section of the statute that follows only addresses “an individual.”

At this juncture, guardianship agencies or other organizations should be mindful of this potential ambiguity and, until such time as the meaning of “individuals” is clarified for purposes of the certification requirement, would be wise to assume that they, and potentially all their employees, may be subject to Act 61’s certification requirement.  If not applicable now, it is a mark of competence and trustworthiness that will likely be required or, at the very least, favored in the future.

Waiver of certification requirement
Notably, Act 61 also provides that the guardian certification requirement may be waived by a court upon a petition demonstrating that a proposed guardian has such “equivalent licenses or certifications as are necessary to ensure that the proposed guardian is capable of fully, faithfully, and competently performing the obligations of a guardian.”  Where Act 61’s certification requirement does apply, a party may seek a waiver of the certification requirement.

Waiver requires a petition and court approval.  A prospective guardian must present a factually sufficient petition demonstrating that a proposed guardian has such equivalent licenses or certifications as are necessary to ensure that the proposed guardian is capable of fully, faithfully and competently performing the obligations of a guardian.”  The facts entitling a person to a waiver will vary from person to person and care should be taken to fully develop the waiver request when presenting a waiver petition (as discussed in more detail below).  This provision of the Act further provides that “a license to practice law shall not constitute an equivalent license or certification.”

Waiver petitions are making their way through the Orphans’ Court
Entities in Pennsylvania have been requesting certification waiver by petition filed in the Orphans’ Court.  Specifically, in May of this year, two organizations filed waiver petitions in the Court of Common Pleas of Allegheny County.  These petitions are recent examples of professional guardianship agencies seeking a determination that the certification requirement under Act 61 is not applicable to them or, alternatively, that the certification requirement should be waived with respect to their appointment as guardians in the subject county court.

These waiver petitions were filed in miscellaneous dockets, meaning they are not filed in a particular guardianship case. It is currently unsettled whether such waiver petitions do not need to be pursued in every single guardianship case in a single county, but likely need to be pursued in every county in which the person, entity or agency purports to serve in a guardianship role, provided they serve in that role for more than three people across the Commonwealth and when seeking a third or more appointment.

At the outset, organizations may set forth the argument that certain provisions of Act 61 may not be directly applicable to them because, often, the guardianship appointments authorize the respective agencies themselves to act (as opposed to specific “individuals” employed by the agencies).  Nonetheless, organizations seeking waiver of the certification requirement should consider not only seeking the court’s acknowledgment that they are exempt from the certification requirement altogether, but, alternatively or additionally, that the certification requirement should be waived as to the organization and its employees.

Key considerations for waiver petitions
In support of an entity’s request for a guardianship certification waiver, the petitioning party should plan to cite various facts to show that their history and experience, as well as prior service before the court in guardianship matters, warrants a finding that the certification requirement should be waived.  Further, it may be compelling to note if a significant number of the entity’s personnel maintain a nationally certified status as guardians and whether they employ highly qualified individuals to serve as caseworkers after vetting them thoroughly.

To bolster these points, petitioning parties should plan to include facts and supporting documents in their petitions showing, among other items:

  • Their prior work as guardians before the court where the waiver petitions were filed
  • Background information regarding the education and experience of their caseworkers and supervisory personnel
  • Information as to their personnel’s passage of an examination administered through the National Guardianship Association
  • Significant liability insurance policies that they maintain

Information such as liability insurance coverage or the results of criminal background checks is also routinely submitted to the court as part of the proposed guardian’s paperwork relating to their consent to serve as guardian in a guardianship case.

Full Article & Source:
The Impact of Act 61 - Additional Considerations for Guardians: Guardian Certification and Waiver Petitions

Wednesday, September 25, 2024

Suspended Orlando city commissioner Regina Hill's trial delayed, pushed to 2025

by Bob Hazen


The criminal trial of a suspended Orlando city commissioner will not happen this year.

Regina Hill was scheduled to go on trial for exploitation of the elderly and fraud charges in less than two weeks. At a hearing Tuesday, her attorney told the judge he needs more time to interview witnesses and sift through a large amount of evidence in the case.

Judge Michael Kraynick agreed to delay the trial until January 2025.

Hill was arrested by Florida Department of Law Enforcement agents who allege she stole more than $100,000 from a 96-year-old woman who lived in her district. They say Hill spent the money on luxuries for herself and used the woman’s name to help buy a house.

Hill allegedly convinced the victim to sign over power of attorney to Hill, but has denied any wrongdoing. She was suspended from office by Gov. Ron DeSantis shortly after her arrest in March. The city held a special election to fill her seat on the city council.

In July, Hill said she wanted the trial to start quickly so she could clear her name and regain her seat. If she is found not guilty or the case is dropped, Hill could return to the council, although her term ends in January 2026, one year after the new scheduled start date for her trial.

Full Article & Source:
Suspended Orlando city commissioner Regina Hill's trial delayed, pushed to 2025

See Also:
Editorial: Florida should find better ways to stop financial abuse

Orlando Commissioner Hill’s case part of ‘epidemic’ of elder abuse, experts say

Buddy Dyer sets May 21 Special Election to replace Regina Hill

Attorneys predict there will likely be prison time for Regina Hill

Preparations underway for Orlando special election to fill Regina Hill's city commission seat

Community members have mixed emotions over arrest of Commissioner Regina Hill

US official spends elderly woman's $100,000 savings on facelift, new home

Orlando Commissioner Regina Hill accused of financial exploitation of 96-year-old woman

Orlando Commissioner Regina Hill arrested, faces charges of elderly exploitation, mortgage fraud

Brothers arrested for allegedly stealing thousands, financially exploiting the elderly, other crimes in Franklin


By Caleb Wethington

FRANKLIN, Tenn. (WSMV) - Update: The two brothers wanted on a slew of charges have been arrested, according to Franklin police.

The duo, LeVarius and LaDarius Owens were taken into custody Wednesday night in Columbia. Both have bonds set at $35,000.

“The Franklin Police Department would like to thank its local law enforcement partners and the public for submitting tips,” FPD said.


Earlier:
Franklin police are searching for a pair of brothers accused of multiple crimes including theft of thousands of dollars.

Police have issued warrants for the arrest of LeVarius Marquez Owens, 24, and LaDarius TreShawn Owens, 23. The brothers are accused of financial exploitation of the elderly, theft of over $10,000 and $2,500, forgery and identify theft.

The Owens are believed to be living in Columbia, Tennessee and may be traveling in a silver Chevy Impala with Tennessee tag BQZ5414.


“Anyone with information on their whereabouts is urged to contact the Franklin Police Department at (615) 794-2513. Anonymous tips can also be submitted to Crime Stoppers of Williamson County here, or by contacting the organization at (615) 794-4000. If the information leads to an arrest, Crime Stoppers will pay up to $1,000 in reward money,” FPD said.

Full Article & Source:
Brothers arrested for allegedly stealing thousands, financially exploiting the elderly, other crimes in Franklin

Sheriff: Man charged with stealing more than $100K from elderly relative

Joshua Mayberry

by Mike Fuhrman

FROM STAFF REPORTS

A western Iredell County man faces nine felony charges in connection with the theft of more than $100,000 from an elderly relative following an investigation by the Iredell County Sheriff’s Office.

Sheriff Darren Campbell announced the arrest of Joshua David Mayberry, 39, of Beulah Road, Statesville, in a news release Tuesday.

The Sheriff’s Office received a received a report from a financial institution regarding a possible fraud involving an elderly victim on April 1. The victim’s credit cards and other financial accounts appeared to have been compromised and used fraudulently by an unauthorized person, Campbell said.

Detective C. Nielsen, who is assigned to ICSO Special Victims Unit Economic Crimes Division, was assigned to investigate the case.

During the investigation, Detective Nielson discovered that a family member of the elderly victim, identified as Mayberry, had been fraudulently using the victim’s bank accounts and financial cards for unauthorized purchases, according to the news release.

Mayberry had previously fraudulently accessed the victim’s finances since April 2018, Campbell said.

Detective Nielson executed multiple search warrants to obtain documentation and evidence from financial services and financial institutions. As a result of the investigation and evidence gathered, Mayberry was arrested and charged with seven counts of felony identity theft, one count of felony exploitation of disabled/elder from a position of trust (over $100,000), and one count of felony obtaining property by false pretense (over $100,000).

Mayberry was transported to the Iredell County Detention Center, where Magistrate Watkins issued a $75,000 secured bond.

Full Article & Source:
Sheriff: Man charged with stealing more than $100K from elderly relative

Tuesday, September 24, 2024

St. Clair Co. guardian sentenced for embezzling from senior


by Marnie Muñoz

A St. Clair County woman was sentenced Monday in connection with embezzling more than $86,000 from an elderly woman.

Lisa Marie Tramski, 57, was sentenced at the county's 31st Circuit Court to one year of probation after she paid $51,600.75 in restitution for the stolen funds, the Michigan Attorney General's Office said in a release.

The Burtchville Township, was appointed as a guardian for the elderly woman in early 2018 just weeks before the victim died. Tramski had the victim sign a will leaving her all of her assets about a week before the elderly woman died, according to the release.

She took $86,033.75 from the late woman's accounts despite knowing there were legal challenges to the will, authorities reported. The probate court later invalidated the will benefitting Tramski.

Tramski pleaded guilty to embezzling the money in July at the St. Clair County 31st Circuit Court, according to the release.

Tramski's attorney, Joshua Rubin, did not immediately respond to a request for comment Tuesday.

“Guardians and conservators are appointed to care for those they serve, not exploit or steal from them in their time of need,” Michigan Attorney General Dana Nessel said in the release. “My office remains committed to pursuing those who abuse their positions and advocating for stronger legislation to better protect elders from harm.”

The Department of Attorney General testified in June in support of bills to reform guardianship statutes in Michigan.

Nessel and the state Elder Abuse Task Force have also advocated for a guardian certification initiative and laws to establish family consent laws or personal protection orders for elderly and vulnerable adults, according to the release.

Family members of state wards, guardians and attorneys told The Detroit News in a 2023 investigation that the state's system for vulnerable adults was still dangerously flawed years after the Michigan Elder Abuse Task Force was appointed in 2019.

The state does not have established education, training or certification requirements for guardians and no limit to the number of wards they oversee, The News found. Guardians often place elderly adults in care facilities and sell off their homes and possessions during vulnerable times for the adults and their families, according to the investigation.

More than 100,000 older adults in Michigan are victims of abuse, neglect and exploitation, according to the release Monday from Nessel's office.

Residents seeking resources can call 800-24-ABUSE to report suspected elder abuse.

Full Article & Source:
St. Clair Co. guardian sentenced for embezzling from senior

Central Ohio home health care owner found guilty of Medicaid fraud

by: Orri Benatar

COLUMBUS, Ohio (WCMH) — A 47-year-old woman who owned and operated three home health care companies in central Ohio was convicted in federal court of Medicaid fraud.

The U.S. court of the southern district of Ohio announced that ex-Pickerington resident Sally Njume-Tatsing was found guilty on one count of health care fraud and 12 of making false health statements. She was indicted on her 13 charges in June 2023.

The maximum prison time for health care fraud is 10 while one count of false health statements could carry a five-year prison sentence.

Njume-Tatsing was the owner of Labelle Home Health with three Ohio locations in Reynoldsburg, Mt. Vernon, and Parma. While she was residing in California during the majority of the time she operated the business, she was central in the Medicaid billing for nursing services despite a lack of involvement in daily operations.

She was accused of inflating the hours of service provided to individuals, billing registered nurses, and billing care for dead or ineligible patients to receive Medicaid payments.

Full Article & Source:
Central Ohio home health care owner found guilty of Medicaid fraud

Aged care royal commission on elder abuse| 7NEWS

The aged care royal commission brought a nation to tears blowing the whistle on elder abuse.

Source:
Aged care royal commission on elder abuse| 7NEWS

Monday, September 23, 2024

‘RHOC’ Star Vicki Gunvalson Pleads With Judge to Toss Financial Elder Abuse Lawsuit Against Her

By Ryan Naumann 


Real Housewives of Orange County
star Vicki Gunvalson demanded the lawsuit accusing her of financial elder abuse be thrown out of court, In Touch can exclusively reveal.

According to court documents obtained by In Touch, Vicki, 62, and her insurance company Coto Insurance and Financial Services denied all allegations of wrongdoing in the case brought by Diane Field.

In her filing, Vicki’s lawyer argued, “[Diane] knew, or in the exercise of ordinary care should have known, of the risk and hazards involved in the undertaking in which they engaged, but nevertheless and with full knowledge of these things, did fully and voluntarily consent to assume the risks and hazards involved in the undertaking.”

Vicki’s attorney also said the claims are barred because Diane failed to use “due diligence.”

The RHOC star also said that Diane was “careless and negligent with respects to the matters alleged in the” lawsuit. Vicki asked the court to throw out the entire lawsuit and not award Diane a dime.

Vicki Gunvalson Fires Back at Financial Elder Abuse Lawsuit
Michael Tullberg / Getty

As In Touch first reported, Diane, 74, claimed she met Vicki in 2019. She said Vicki and Vicki’s partner Ali convinced her to hire them to help manage her finances and take out a life insurance policy.

Diane said her 85-year-old husband George was injured in a bike accident in 2002. She was responsible for managing her estate worth around $6 million.

“[Vicki] was very convincing, and Diane felt that she could trust her,” the suit explained.

In December 2022, Diane said that she told Vicki and Ali that she had concerns about the investment recommendations over the years.

Vicki Gunvalson Fires Back at Financial Elder Abuse Lawsuit
Jesse Grant / Getty

She explained “that she felt uninformed by them and that the annuities and life insurance policy they convinced her to open did not seem to be the best investments for her, as they tie up large sums of money for a long time that she may never be able to use, for maybe longer than she will live or will be too old to enjoy.”

Diane accused the duo of financial elder abuse.

She demanded unspecified damages.

At the time the lawsuit was filed, the reality star’s legal team told us, “Victoria Gunvalson is a well-respected insurance broker with more than 34 years of experience. She has helped more than 7000 clients. She vehemently denies each and every allegation set forth against her by Diane Field in this lawsuit.”

They added, “Ms. Gunvalson followed the direction of her client, Diane Field, in placing the insurance products Ms. Field requested regarding the annuities and the life insurance policy. Ms. Gunvalson did not engage in any conduct that could be considered financial elder abuse, breach of fiduciary duty, or fraud.”

“Victoria Gunvalson remains committed to the highest standards of integrity and transparency,” they continued. “Needless to say, we are outraged by the false allegations being made against her. We will vigorously defend her good name and reputation in this lawsuit.”

Full Article & Source:
‘RHOC’ Star Vicki Gunvalson Pleads With Judge to Toss Financial Elder Abuse Lawsuit Against Her

Sadness Turns To Joy As Patient Gets Special Visit After Weeks In Hospital

It was the perfect medicine ❤️ 🐶

Late last month, when 73-year-old Valdir Zabel was admitted to a hospital in Brazil for pneumonia, it was to be a difficult time in more ways than one.

Not only would Zabel have to undergo more than two weeks of treatment in the ICU, it meant that he’d be without the warm company of his dog, Preta. Zabel had adopted her years earlier after finding her abandoned outside his home.

The weeks spent apart were hard on Preta, too.


“As it was a long time, the two of them missed each other a lot,” Zabel’s daughter, Lisi, told news outlet ND Mais. “My father talked about her all the time, and the dog was also very sad and stopped eating.”

Staff at Gaspar Hospital, where Zabel was undergoing treatment, could tell that he was under emotional distress, as well. To ensure a full recovery, they knew he needed a different kind of “medicine” than what they had to offer.

So, working with Zabel’s family, the hospital arranged for Preta to make a surprise visit — and with that, both their hearts began to heal.

Here’s footage of that emotional reunion:

 

In an instant, Zabel and Preta’s sadness turned to joy.

Facebook/TV Gaspar

Shortly after that special visit, Zabel’s health made a turn for the better. Just four days later he was released from the ICU.

This isn’t the first time a visit from a beloved pet has proven to have healing qualities for their owners in the hospital. That special dose of love only a dog can deliver may truly be among the best of medicines.

Full Article & Source:
Sadness Turns To Joy As Patient Gets Special Visit After Weeks In Hospital

Sunday, September 22, 2024

Wendy Williams’ Guardian Files Amended Lawsuit Claiming Talk Host Received “Paltry $82,000” For Lifetime Docuseries

By Ted Johnson

Wendy Williams lawsuit
Wendy Williams Getty Images

The guardian for Wendy Williams has filed an amended lawsuit against A+E Networks and eOne over the Lifetime documentary reality project Where Is Wendy Williams? that aired in February, claiming that the TV personality was exploited in her participation and paid just $82,000 for the project.

The guardian, Sabrina Morrissey, also claimed that Williams’ signature on her contract with eOne to produce the series “does not appear to be genuine” and there is “no evidence” that she signed the agreement on January 25, 2023.

Williams, the lawsuit stated, “was incapacitated and unable to consent at the time the Contract or its amendments were executed, even if she had signed it (which she did not).”  

Her representatives disclosed earlier this year that she has been diagnosed with primary progressive aphasia and frontotemporal dementia. Williams had participated in the documentary and served as executive producer. 

Read the amended Wendy Williams lawsuit.

The amended lawsuit, filed Monday in New York Supreme Court, follows an unsuccessful effort by Morrissey to halt the airing of the documentary this year. She had sought a court order to stop the project, arguing in February that the project was a “blatant exploitation of a vulnerable woman with a serious medical condition,” and that the talk host had lacked mental capacity to enter a contract to do the show.

A New York judge initially granted the order to prevent the airing of Where Is Wendy Williams?, but that was quickly reversed on appeal.

A spokesperson for A+E Networks and Lifetime said that they don’t comment on lawsuits.

A+E attorneys had argued earlier this year that the series reflected Williams’ “own journey through the guardianship process.” The attorney contended that “only after seeing the Documentary’s trailer and realizing her role in [Wendy Williams ] life may be criticized did Ms. Morrissey enlist the courts to unconstitutionally silence that criticism.”

Morrissey has enlisted Roberta Kaplan and her law firm to represent her in the amended complaint. They are seeking a court declaration that Williams’ contract is null and void, unspecified compensatory and punitive damages, disgorgement of proceeds from the documentary project and an injunction prohibiting additional airings of it, among other things.

“The profits from the Program should go to Wendy Williams, who will need significant funding to provide for proper medical care and supervision for the rest of her life,” the lawsuit stated.

In the new complaint, Morrissey claims that “by willfully taking advantage of a severely impaired, incapacitated person, Defendants have made millions on W.W.H.’s back, while W.W.H. has received a paltry $82,000.”

Morrissey’s attorneys cite early reports of Williams’ “increasingly erratic behavior,” and noted that her “difficulties were often captured on camera” as host of a daily talk show.

“As early as 2021, press reports attributed these changes to early-onset dementia,” the lawsuit stated. “These reports were widely circulated on social media, in the press, and on entertainment talk shows.”

Her show was canceled in 2022 after it became clear that she would not be able to return, according to the suit. Williams was diagnosed in May 2023 with frontotemporal lobe dementia and primary progressive aphasia, the suit stated. But stories had leaked a year earlier that a court had established a guardianship for her.

The lawsuit also cited the influence of David Selby, who represented Williams as her new manager. According to Morrissey’s claim, when the Lifetime documentary series went into production, Selby told her that he would have “full creative control” and that the project would show her in a positive light.

The lawsuit claimed that the contract for Williams’ participation was signed after the project started production, “while she was clearly disheveled, not mentally present, and confused.”

“No person who witnessed [Williams] in these circumstances could possibly have believed that she was capable of consenting either to an agreement to film, or to the filming itself,” the lawsuit stated. The lawsuit alleged that her signature on the contract “bears a printed, not cursive signature purporting to be the signature of [Wendy Williams], but looks nothing like W.W.H.’s signature.”

Morrissey did not see the contract until months later, according to the suit.

“Indeed, none of the Defendants ever gained the Guardian’s consent for [\Williams’] participation in the film, and there was no way W.W.H. could have consented, as she was incapacitated prior to and during filming,” the lawsuit stated.

People first reported on the new complaint.

Full Article & Source:
Wendy Williams’ Guardian Files Amended Lawsuit Claiming Talk Host Received “Paltry $82,000” For Lifetime Docuseries

See Also:
Wendy Williams

Casey Holds Aging Committee Hearing on Protecting Older Adults Who Are Targeted by Frauds and Scams


September 19, 2024

At hearing, Casey released annual Aging Committee Fraud Book

Hearing featured testimony from PA scam victim, law enforcement about how to prevent scams and support victims

Casey touted his report on how 2017 Republican tax law penalized scam victims

Washington, D.C. - Today, U.S. Senator Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, held an Aging Committee hearing entitled “Fighting Fraud: How Scammers Are Stealing from Older Adults.” The hearing highlighted the psychological and economic impacts that frauds and scams have older adults, who are disproportionately targeted by fraudsters.

During the hearing, Casey unveiled the Aging Committee’s annual Fraud Book, which provides seniors with an overview of the most prevalent scams to help them identify and avoid being victimized. The Fraud Book also contains resources for scam victims. In addition to the Fraud Book, Casey touted his report on the 2017 Republican tax law, called Scammed Then Taxed,” which details how the law’s repeal of the theft loss deduction has imposed significant taxes on many scam victims.

“At today’s hearing, we heard tragic stories from scam victims and law enforcement about how fraudsters are getting more sophisticated and aggressive with their scams and throwing the lives of older adults into chaos,” said Chairman Casey. “We must do everything we can to educate older adults about the threats they face from frauds and scams. We must also do more to provide resources for those who have been victimized by scams, including those who have been forced to pay taxes on money they’ve lost due to changes in the 2017 Republican tax law.”

Chairman Casey invited Susan Whittaker, an Administrative Assistant at Lehigh County Aging and Adult Services in Allentown, PA, to testify at the hearing about her late husband’s experience as a scam victim. Susan testified, “This scam was devastating and had a devasting effect on Bill—both financially and emotionally. Because we lost $20,000, and Bill had a lot of chronic health conditions, Bill began to ration his medications. We just couldn’t afford them anymore… He also lost his sense of self-worth. I was really sad to see this very intelligent and past business owner, become so afraid to read emails and use a phone. It was a huge setback for him, and I think contributed to his worsening health conditions...he stopped living.”

Source:
Casey Holds Aging Committee Hearing on Protecting Older Adults Who Are Targeted by Frauds and Scams

Containers for Change helps retiree cash in a million empties for animal rescue charity

By Jasmine Hines and Adam Stephen

An older man with white hair smiles, he is holding a small fluffy dog which looks happy and standing front of a row of bins

Selwyn Nutley with his beloved rescue dog Mindy. (ABC News: Jasmine Hines)

In short:

The 82-year-old from Emerald has alone raised more than $100,000 by collecting and cashing in recyclable cans and bottles. 

Containers for Change chief executive Natalie Roach says "Nuts" is one of the state's top recyclers.

What's next?

Mr Nutley says he will continue recycling up to 6,000 containers a week until he gets old.

Selwyn "Nuts" Nutley is affectionately known as the "patron of pets" in his small rural town.

With his custom-designed collections ute he has recycled more than a million cans and bottles to raise funds for his local pet rescue group.

The 82-year-old retiree from Emerald, in Queensland's Central Highlands, has single-handedly raised more than $100,000.

"I have plenty of spare time," Mr Nutley says.

"I drive around in my ute, which has got a tailgate lifter on it, and I collect from pubs, clubs and houses all around Emerald.

"A lot of people even throw them over my front fence."

The octogenarian recycles up to 6,000 containers a week, thanks to a retrofitted ute that allows him to easily lift and transport 12 full wheelie bins.

A close up of a fluffy white dog being held by an older man's hands

Rescue dog Mindy is one of four of Mr Nutley's spoilt pooches. (ABC News: Jasmine Hines)

Mr Nutley started his fundraising efforts after adopting his first rescue dog in 2014 and soon his brood expanded.

He now has four small dogs: Mindy, Lindy, Rover and Buddy.

"I love all dogs, big, small. They all just seem to come to me," he says.

He fundraises through Queensland's Containers for Change scheme, which refunds 10 cents for each eligible drink container.

A man standing on a ute tail lifter with a green bin, he is in the car port of his brick home

Mr Nutley retrofitted his ute to make it easier to recycle more containers.  (ABC News: Jasmine Hines)

'He could outrun me'

Susan Consedine, treasurer of CQ Pet Rescue, met Mr Nutley 10 years ago when he offered to help after adopting his first dog.

"He just took that ball and ran with it. We just got out of Selwyn's way," she says.

An older man leans over to pet his dog. There are three dogs in front of him in total and a row of bins in the background

Mr Nutley began fundraising for the rescue group after adopting his own dogs. (ABC News: Jasmine Hines)

He began by attending markets, washing dogs and even driving animals more than 800 kilometres to Brisbane, where there is a greater pool of rescue groups and foster carers.

"Selwyn would, in his younger years of his late 70s, load the animals up with me at three in the morning and he would drive them there and then back," Ms Consedine says.

"[He's] an absolute powerhouse. He could outrun me and I'm a fairly active person."

Ms Consedine says without Mr Nutley the rescue service would have shut during the COVID-19 pandemic when the charity's main fundraising avenue was events.

"The only fundraising scheme that we had was Selwyn and the recycling program … he basically kept us going for two years," she says.

"If we had collapsed … there would have been an untold number of animals that would have been euthanased that did not need to be."

A close up of a green bin with a sticker advertising the container refund scheme, there are small dogs in the background

Mr Nutley collects about 6,000 containers a week for his local animal rescue group. (ABC News: Jasmine Hines)

Containers for Change chief executive Natalie Roach says "Nuts" is one of the state's top recyclers.

"He's spending an average 45 hours a week collecting and recycling containers, so that's more than the average full-time job in terms of hours," she said.

A man with white hair sorts through containers in a bin

Mr Nutley also collects plastic bottle top lids which his local rotary sends away to make prosthetic limbs.  (ABC News: Jasmine Hines)

Ms Roach says since the scheme launched in 2018, 8.8 billion containers have been recycled.

Asked what's next, Mr Nutley says he will continue recycling up to 6,000 containers a week until he gets "old".

CQ Pet Rescue covers 52,000 square kilometres in the Central Highlands and only takes animals on a council list to be put down.

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Containers for Change helps retiree cash in a million empties for animal rescue charity