Showing posts with label Neglect. Show all posts
Showing posts with label Neglect. Show all posts

Sunday, March 1, 2026

Senior Justice Law Firm Secures Record $14.7 Million Jury Verdict Against Miami Nursing Home

A historic verdict—the largest ever against a nursing home in Miami-Dade County—secured by Senior Justice Law Firm attorneys Garrick Harding and Dylan Hanson.


MIAMI, FL, UNITED STATES, February 17, 2026 /EINPresswire.com/ — Senior Justice Law Firm announced today that a Miami-Dade County jury returned a landmark $14.7 million verdict against a Miami nursing home, the largest jury verdict ever obtained against a nursing home in Miami.

The verdict stems from the wrongful death of 82-year-old resident Mr. Brakes, who suffered from catastrophic neglect while under the Krystal Bay Nursing and Rehab’s care. Evidence presented at trial showed that Mr. Brakes developed Stage 4 pressure sores to his sacrum and right heel, which progressed to sepsis, osteomyelitis, multiple amputations, and ultimately his premature death.

At trial, Senior Justice Law Firm attorneys Garrick Harding and Dylan Hanson demonstrated that these injuries were entirely preventable and resulted from systemic failures in care. Mortality tables introduced into evidence established that Mr. Brakes had a life expectancy of an additional 7.11 years at the time of his death.

Age and frailty do not excuse abuse, nor do they lessen the value of a human life. The jury made that clear with a substantial verdict, despite Mr. Brakes’ advanced age and existing health conditions.”
— Michael Brevda, Esq.

The jury awarded damages to all six of Mr. Brakes’ surviving children for the sudden and premature loss of their father. While the family requested compensation of $250,000 per year per child, the jury exceeded that request—awarding $350,000 per year per child for a full seven years, reflecting the profound emotional loss suffered by the family.

The final verdict totaled $14.7 million, with fault apportioned 50 percent to the nursing home licensee and 50 percent to the management company.

“This verdict sends a powerful message that nursing homes and their operators will be held fully accountable when they fail to protect their most vulnerable residents,” said the lead trial counsel Garrick Harding. “We are deeply grateful that the jury listened closely to the evidence and recognized not only the preventable nature of Mr. Brakes’ injuries, but the immeasurable loss experienced by his family.”

Senior Justice Law Firm emphasized that this historic verdict underscores the importance of vigilance, accountability, and dignity in elder care, and reaffirmed its commitment to advocating for residents and families harmed by neglect and abuse.

About Senior Justice Law Firm
Senior Justice Law Firm focuses exclusively on representing victims of nursing home abuse and neglect and their families throughout the US. The firm is dedicated to protecting the rights, dignity, and safety of elderly residents.

Media Contact:
Senior Justice Law Firm
https://seniorjustice.com/
888-375-9998

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CASE NO: 2023-021325-CA-01
SECTION: CA10
JUDGE: Peter R. Lopez
JO ANTIONETTE BRAKES as Co-PR of Estate et al
Plaintiff(s)
vs.
WATERCREST ACQUISITION I LLC, et al
Defendant(s)

Lori Shifflett
Senior Justice Law Firm
+1 888-375-9998
lori@seniorjustice.com

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Source:
Senior Justice Law Firm Secures Record $14.7 Million Jury Verdict Against Miami Nursing Home 

Friday, January 9, 2026

Michigan nursing homes have few staff, little training. Misery can follow

by Robin Erb

 

  • Most poor care in nursing homes can be traced to low staffing, advocates, attorneys and others say
  • Michigan has not updated its law since 1978 even as other states have boosted requirements
  • An industry official calls such standards unnecessary ‘feel good’ measures and says the real issue is a worker shortage

Residents of the Mission Point of Beverly Hills awoke hungry on Sept. 6, 2023. No meals were served. Nor did aides come to help immobile residents out of bed to avoid bed sores or make it to the bathroom.

The residents, many of whom had limited or no mobility, had been left on their own for an entire shift, according to a state inspection report. The reason: a lack of staff.

Across Michigan, the state’s most vulnerable residents are living out their last days in what inspection reports characterize as sometimes squalid conditions, because many nursing homes are critically understaffed. Positions are tough to fill because nursing aides are paid less than $40,000 for work that is so physically demanding they have a higher rate of workplace back injuries than construction workers. 

So far, the state and federal government have not stepped up to help.

Michigan has about 420 nursing homes that provide care to 34,000 residents. A Bridge Michigan review found that at least 167 facilities were cited at least 362 times total for lack of “sufficient” or “competent” staff in the past four years. 

That is a certain undercount, since inspectors are on site sometimes just once a year. Six of those homes were cited more than six times each.

“A basic minimum level of staffing is so important to the quality of life and the dignity of people’s lives,” said Megan O’Reilly, vice president of government affairs at the national AARP office, which has advocated for more staffing. 

“It almost feels like you’re being set up to fail. There’s no way to meet the need and the demand that’s in front of you,” she said.

Michigan’s minimum staffing requirements have remained unchanged since 1978 and require each resident to receive just 2.25 hours of care a day, or 2.31 hours if including time from the director of nursing, according to the National Consumer Voice for Quality Long-Term Care, a longtime national advocacy organization for residents of long-term care facilities.

That’s below the 4.1 hours a day recommended by the U.S. Centers for Medicare & Medicaid Services a quarter century ago.

Across the US, staffing minimums vary widely. Some states have no standard; at least six and the District of Columbia require at least 3.5 hours a day: DC (4.16 hours a day), Rhode Island (3.87) Illinois (3.83), Florida (3.66), Massachusetts (3.64) and California and New York (3.56)

When Michigan’s law passed, people in what many then called “retirement homes” often were more able-bodied. Today, those same people live in independent- or assisted-living facilities, leaving nursing homes to care for those with more complicated medical needs, said Sarah Slocum, a longtime consumer advocate and former head of the Michigan Long-Term Care Ombudsman office.

“There’s nobody in a nursing home who doesn’t need a bunch of help. That’s why they’re there,” she said. 


Bridge found that for-profit homes were cited more than nonprofit ones.

Roughly a fifth of the state’s 66 nonprofit nursing homes have been cited at least once for staffing shortages or inadequately licensed workers over the past four years. 

In contrast, more than one third of the state’s 319 for-profit homes were cited.

In all, Bridge Michigan documented about two dozen deaths at nursing homes in the past four years that were either cited by inspectors for wrongdoing or the subject of lawsuits alleging poor treatment.

To be clear, residents are frail and prone to injuries, and many of Michigan’s nursing cares provide exceptional care.

But a Bridge review reveals that others have far more persistent problems.


At the now-closed Mission Point Nursing and Physical Rehabilitation of Ishpeming, Richard Bellmore, 61, died in 2022 after he hadn’t been checked for hours, according to a lawsuit filed in his death and a 179-page report filed with the state.

At the facility, an inspector described residents who sat in their own waste, went without medical care, and were fed barely edible food. 

One resident’s pillow was soaked in urine that seeped up to the resident’s hairline, a visitor told the inspector. Residents who couldn’t walk on their own were left in their beds for days, according to the reports.

State reports claim the facility’s director of nursing was frequently absent and would even climb out of the office window to avoid staff members who had questions.

Confronted by a staff member as she was climbing through the window, the director of nursing explained she didn’t want to be “bombarded,” the staff member recalled to the inspector in a Jan. 18, 2023, report.

It was “hard to get down the hallway because too many people stop her and ask her questions,” the staff member said the nursing director told her.

‘Feel good’ measures?

Over the years, lawmakers have made efforts to boost Michigan’s minimum staffing requirements. A quarter-century ago, some lawmakers suggested boosting standards to 2.75 hours a day, defraying costs with money from a 1998 settlement with tobacco companies for $6.2 billion.

Many nursing homes typically exceed those standards, with about a third, 142, providing more than four hours a day of care per resident, according to data from  NursingHome411, a project by a New York nonprofit called the Long Term Care Coalition.

In all, 13 homes provided less than three hours, according to the report.

Last year, the Biden administration announced staffing requirements that would have pushed daily care requirements generally to 3.48 hours a day. 


Under these first-ever federal staffing levels,  more than a half hour of that care each day would be provided by a registered nurse — changes that would have saved about US 13,000 lives a year, according to research by the University of Pennsylvania.

In Michigan alone, the change could save 251 to 500 lives, according to estimates.

The $200 billion nursing home industry opposed the change, arguing that it would require finding another 102,000 workers nationwide in an industry already beset with worker shortages.

Staffing ratio levels are “feel-good” measures but arbitrary — failing to account for individual needs of residents — and put a “target on our back” for inspectors, said Melissa Samuel, president and CEO of the Healthcare Association of Michigan, an industry lobbying group.

Instead, the government should relax immigration standards and increase Medicaid reimbursements, she said.

“If you want to fix the problem of a workforce problem, then let’s fix the problem and get workers,” she told Bridge.

In the end, it didn’t matter.

The “One Big, Beautiful Bill,” signed by President Trump in July, listed such staffing requirements as “wasteful spending,” delaying the rules until 2034.

Less training than a barber

Providing the backbone of care in Michigan are more than 38,000 certified nurse aides who are paid less than $39,000 per year on average, according to the US Bureau of Labor Statistics.

Michigan requires 75 hours of training for them, with an additional two days of clinical training — less than most other states and far less than a 2008 recommendation by the National Academy of Medicine that called for at least 120 hours of training.

Michigan requires 400 hours to be a manicurist and 1,800 hours to be a barber.

Nursing aides is a tough job that requires is physically and emotionally draining — and aides can quickly get overwhelmed, said Clare Luz, a gerontologist whose work at Michigan State University 

“Have you ever tried to give an elderly disabled person a shower?” she said. “You and I — we jump in the shower, we spin around, and two minutes later we can get out.”

For a medically-frail person, she said, “it can take a full hour just to give somebody a shower.”

She said a few hours of care a day for residents isn’t enough.

‘My roommate hasn’t gotten up’

At Mission Point of Beverly Hills in 2022, an inspector entering the facility heard one resident yelling “I’ve been sitting in piss for five hours.” Others complained they’d gone weeks without showers. Medications were late. One resident reported waiting nine hours to get fed.

“My roommate hasn’t gotten up in over a week,” one resident told inspectors.

The facility — along with the closed home in Ishpeming that closed in 2024 — is part of the Mission Point Healthcare Service chain of Grand Rapids.

Its Beverly Hills facility has been cited so frequently that federal officials deemed it  a “special focus facility,” making it subject to more inspections. 

As recently as on Oct. 26, 2023, an inspector detailed at least six days of nursing shortages.

Darious Parks, administrator of the Beverly Hills facility, now part of the Certus Healthcare chain and called Harmony Village of Beverly Hills, told Bridge by phone that improvements have been made at that facility — both in staff, and in turn, for the residents.

He said he has been on the job only a few months, and he’d heard the allegations of a “terrible” record connected to Mission Point. A former nurse aide, Parks said staffing and care has improved during his tenure.

In all 15 different Mission Point locations in Michigan were cited by state inspectors over three years for having insufficient staff, either by not having enough workers “to meet the needs of every resident” or by failing to have, specifically, enough nursing staff, according to a Bridge analysis of three years of inspection reports.

Calls from Bridge to Mission Point corporate offices were not returned.

‘Impossible to meet the needs’

Mission Point of Grandville was cited in 2023 for short staffing, too, after an 85-year-old church elder died when her blood sugar slumped after missed medications. Staff noticed her struggling, but no one notified her doctor, according to state inspectors.

The day before she was scheduled to return home, a nurse found her unresponsive, and her blood sugar level “incredibly low.” 

The nurse, who later said he hadn’t been told of her low sugar the previous days, raced around the facility to find a dose of injectable or gel glucagon, used in a low-blood-sugar crisis.

There was none.  

He tried to get into a medicine cabinet. It was locked.

He called 911, crushing glucose tablets to put into Johnson’s mouth in an attempt to “save her life,” he later told an inspector. 

It was too late.


Inspection reports also indicate that residents went without showers because there wasn’t enough staff, doctor appointments were missed and wound care was neglected.

Falls — the leading and increasing cause of accidental death for older Americans — had surged.  In a two-week period, staff reported 14 separate falls in the facility. One fall left a 78-year-old resident on the floor in only his briefs, his pelvis broken, one nurse said.

“Help, help,” he called, the nurse later told the inspector.

A woman broke her arm in another fall. After that, she was left in her wheelchair instead of being put in bed after dinner “because there weren’t enough staff,” an aide reported.

Even as the inspector visited the facility on April 13, two aides were helping a resident who had fallen to the bathroom floor, unable to locate a nurse to help.

It was “impossible” to meet the needs of all the residents,” an aide told the inspector.

Angelic Thomas said her mother, Julia Williams, never complained about her care at the facility. 

Still, she said she never saw staff either.

“There never seemed to be anyone at the nurses’ station,” she said.

The facility also was cited for Williams’ death after staff failed to offer her CPR and other life-saving help when she apparently suffered from a heart attack in 2023.

At her Grand Rapids home this past summer, Thomas said she often thinks about her last visit with her mother. Julia Williams had been a housekeeper, working into her 70s. She’d been independent and strong, but in those final weeks, she seemed to be “tired, giving up,” Thomas said.

“The last conversation we had, she wanted out of the nursing home,” Thomas said of her mother.

Thomas dropped her head into her hands, rubbing her face and shaking her head.

She sighed at the memory: “I said ‘Mom, I’ll try.”  

Full Article & Source:
Michigan nursing homes have few staff, little training. Misery can follow 

Friday, August 29, 2025

NY Attorney General secures $12M settlement with Syracuse nursing home over neglect and fraud

By Brycen Pace


New York has reached a $12 million settlement with the Van Duyn Center for Rehabilitation and Nursing in Syracuse following a several years-long investigation into neglect, abuse, and financial fraud. The settlement represents the largest agreement her office has reached with a nursing home to date.

Van Duyn’s owners, Efraim Steif and Uri Koenig, purchased the facility in 2013 and according to Attorney General Letitia James’ office, they diverted tens of millions of dollars from resident care. The state’s investigation found the owners drained resources through inflated rent payments using Medicaid and Medicare funds and reportedly paid themselves salaries for work they did not perform.

“For years, they pocketed millions of dollars in taxpayer funds while neglecting the residents they were entrusted to care for,” James announced Monday. “These New Yorkers endured horrendous conditions, leading to significant trauma, hospitalizations, and even death.”

Under the settlement, $10 million will go into a dedicated fund for reforms aimed at improving resident care and staffing levels. Another $2 million will return to the New York taxpayers’ funded Medicaid program. Independent healthcare and financial monitors will oversee compliance and ensure that the funds are used exclusively to improve conditions at the facility.

Family members of former residents joined the announcement, including Caitlin Pavlides, whose late aunt suffered severe medical neglect at the facility. “She was robbed of a fighting chance to recover, and we were robbed of her,” Pavlides said, recalling that her aunt’s untreated surgical wound led to infection, sepsis, and an unneeded surgery; she died at the age of 53.

“This sends a powerful message not just to this facility, but all nursing homes across the state,” she said, “Neglect will not be tolerated. Vulnerable lives matter and that we will stand up, speak out and hold every institution accountable for the care our loved ones so deserve.”

Pavlides' aunt was one of many victims neglected and abused at Van Duyn.

Attorney General James listed just some of the cases.

  • One resident was improperly left unattended in the bathroom. She tripped and was strangled by her nightgown caught on a doorknob. 
  • Another resident was found dead after not receiving their medication and adequate care. 
  • A third resident was admitted to the hospital with a bacterial infection, bed sores and dehydration after Van Duyn staff failed to respond to their rapidly deteriorating condition.

While the conduct was egregious, she explained that her office did not believe it rose to the level of criminal malfeasance. Instead, the focus was on securing a settlement that would immediately improve conditions at the facility.

“I don't know if they intentionally engaged in neglect or abuse; we know that was the result. Whether or not they intended that is something that we would have to prove at trial. And it could last for years as opposed to getting immediate relief for these individuals,” James said.

“We wanted a quick and immediate settlement to address the needs of those 498 residents,” she added

Outside of the $12 million dollar allocation, the settlement also requires Van Duyn to undergo sweeping reforms:

  • Independent Health Care Monitor (IHM): Will oversee health care operations, staffing levels, and ensure improvements are implemented. The monitor can require increased staff pay and must approve hires for administrators or medical directors. Failure to follow the IHM’s recommendations could result in fines of $5,000 per day.
  • Independent Financial Monitor (IFM): Will oversee the facility’s finances, prevent fraud, and ensure Medicaid funds and the new Resident Care Fund are used only to improve care.
  • Chief Compliance Officer: Van Duyn must hire a compliance officer to ensure adherence to the monitors’ requirements and federal/state laws.
  • Restrictions on Sale or Closure: The owners cannot sell or close the facility for at least five years and must maintain recommended staffing levels for at least two years beyond the settlement’s terms.

James emphasized that the Van Duyn case reflects a systemic issue in nursing homes statewide and that Van Duyn might not be the last nursing home on her radar in need of reform. “We're not finished yet and it's all across the state from Long Island all the way to Buffalo,” she said. 

Full Article & Source:
NY Attorney General secures $12M settlement with Syracuse nursing home over neglect and fraud 

Tuesday, August 19, 2025

Omaha police arrest caretaker in death of 67-year-old woman

OPD says the victim's death was determined to be related to neglect by her caretaker.


Updated: 6:29 PM CDT Aug 18, 2025 

Omaha police arrested a caretaker in the death of a 67-year-old woman Monday.

OPD said Kathy Snider's death was reported on Feb. 12, 2025. The department said police investigators and the Douglas County Attorney's Office determined her death was related to neglect by her caretaker, 53-year-old Nicky Budlong.

Officers booked Budlong into the Douglas County Jail on manslaughter, abuse of a vulnerable adult and three counts of theft by unlawful taking.

The investigation is ongoing. 

Full Article & Source:
Omaha police arrest caretaker in death of 67-year-old woman 

Tuesday, May 27, 2025

Reports of elder abuse/financial exploitation rise: '[We] should care about how adults are treated'


By: Melissa Hipolit

RICHMOND, Va. — A new online portal is making it easier to report allegations of abuse, neglect, or exploitation of elderly and incapacitated adults.

The number of reports to Adult Protective Services has increased over the past three years.

"We really want to ensure that older adults are living a life free of abuse and neglect and exploitation," Paige McCleary with Adult Protective Services Division at the Department for Aging and Rehabilitative Services (DARS), said.

To help with that mission, DARS launched an online portal last November that allows people to report abuse, neglect, or financial exploitation of loved ones or neighbors 24 hours a day, 7 days a week.

"We hope that it filled that gap that potentially, if we missed anyone's calls for the other two ways to make a report, that this is providing a nice third way to make sure that that report gets to the appropriate people to look into," McCleary said.

McCleary said all reports made are routed to the appropriate local Department of Social Services, where someone will determine if law enforcement or medical personnel needs to be contacted and if an investigation should begin.

Full Article & Source:
Reports of elder abuse/financial exploitation rise: '[We] should care about how adults are treated'

Monday, February 17, 2025

Pennsylvania Couple Accused of Locking Elderly Woman in Basement and Splurging Her Savings

by Zainuddin Harinder


HARRISBURG, PA
— A York County husband and wife are facing multiple charges, including allegations of neglect and financial exploitation, following claims that they abandoned a care-dependent woman in a basement while misusing her finances.

Ashlee Brady and Brian Brady, both 32, of Hanover, have been accused of leaving Ashlee’s mother, a care-dependent elderly woman, in the basement of her home under unsafe and unsanitary conditions in February 2024. Emergency Medical Services discovered the victim after a relative placed a call for assistance.

According to investigators, the victim was allegedly left alone, locked behind a dog gate in a corner of the basement with limited food and water. The couple is accused of taking an overnight trip with their children while leaving the woman in this condition.

Further investigation revealed allegations of financial exploitation. Prosecutors allege the couple misused over $10,000 of the victim’s funds for personal expenses, such as vacations and alcohol. Additionally, Brian Brady is accused of submitting false hours for Medicaid reimbursement through his employment, claiming to have provided care services that were not rendered.

Ashlee Brady, who served as her mother’s power of attorney, faces charges of financial exploitation, neglect, conspiracy, perjury, and intimidating a witness. Brian Brady, a paid caregiver for the victim, is charged with similar offenses, including multiple counts of Medicaid fraud.

Attorney General Dave Sunday called the acts “disturbing,” stating, “These defendants were family members entrusted with this victim’s care and financial well-being. My office is committed to protecting Pennsylvania’s most vulnerable residents.”

The defendants are scheduled for a preliminary hearing on March 27.

Authorities remind the public that charges are merely allegations, and both Ashlee and Brian Brady are presumed innocent unless proven guilty in a court of law.

Full Article & Source:
Pennsylvania Couple Accused of Locking Elderly Woman in Basement and Splurging Her Savings

Sunday, September 1, 2024

Woman arrested, charges relate to elder abuse

A Baltimore County woman is being held in jail without bond, accused of neglecting the care of a family member, according to charging documents obtained by 11 News Investigates. The family member is a woman who was a double amputee and had been bedridden for 15 years. Neighbors told 11 News they are upset and disturbed by what has happened. They did not want to speak on camera, but some said the family had just moved in several months ago.

Source:
Woman arrested, charges relate to elder abuse 

Saturday, July 27, 2024

15 elderly victims rescued from 'house of horrors,' Clayton County man charged

By Eric Mock

Arrest in Clayton County 'house of horrors'
Earlier this month, Clayton County police arrested a man accused of running an unlicensed care-home in filthy conditions.

Police in Clayton County are investigating an unlicensed care home after it was discovered that a man had been keeping 15 adults in deplorable conditions. 

Gabriel Robinson, 51, was arrested during a welfare check by a social worker at the home located at 336 Sir Richard Court early this month. The Clayton County Police Department arrived, and soon other local and state agencies joined the investigation. 

Robinson faces 15 counts of neglect and exploitation of the elderly. The North Georgia Elder Abuse Task Force advises more victims could be out there, which could lead to more charges.  

"It's early in the investigation, but they're saying that his criminal history and government records are showing this is not the first time he's run this sort of a facility…this case may, may rise even one step further to human trafficking," said former Marietta Police Chief Dan Flynn, who now heads the North Georgia Elder Abuse Task Force. 

Flynn says that Robinson’s charges could be upgraded if evidence supporting them was found. He would also face more legal troubles if he profited from those victims. 

"It's not an exaggeration to call this a house of horrors," said Dan Flynn with the North Georgia Elder Abuse Task Force. 

According to the Clayton County Police Department, 15 at-risk adults were living in horrible conditions, which include bedbug infestation and untreated infections. 

"Some of them had to be taken on an emergency level right to the hospital," Flynn said. 

Jail records indicate Robinson posted bail on Thursday. 

Elder care abuse and neglect: How to protect your loved one 

Flynn says that victims can easily be trapped in a situation like this. He is working to ensure that more families avoid similar situations. 

"Shows us all how easily those things that abuse and exploitation can occur," Flynn said. 

He says, unfortunately, it can be all too easy for the elderly and those at-risk to be put into a home like this. 

"There are many places where hospitals and churches and other places, they keep directories of personal care, homes to which to refer people. And they don't often check to make sure that they're licensed and sanitary or whatnot," Flynn said. 

He suggests when getting a referral for a care home, even from a hospital or church, make sure to do research and make sure the home is licensed. 

To learn more about personal care homes, how to check for licenses, or to file a complaint, visit the Georgia Department of Community Health’s website. 


Full Article & Source:
15 elderly victims rescued from 'house of horrors,' Clayton County man charged

Wednesday, July 3, 2024

Duo Tied Woman To Recliner At Toms River Facility, Ignored Her: NJAG

The two employees of the Alzheimer's care facility have been indicted in the case, authorities said.

by Karen Wall

The two are accused of falsifying records, claiming they checked on the woman when they did not. (Shutterstock)

TRENTON, NJ — Two Ocean County residents have been indicted on charges that they assaulted a 93-year-old woman they were supposed to care for at a long-term care facility in Toms River, the state Attorney General's office announced Friday.

Maria Alcantara, 53, of Toms River, and Joseph Robles, 23, of Tuckerton, were named in a 10-count indictment returned by a state grand jury in July 2023, according to documents from the state Attorney General's Office.

The two worked at Alcoeur Gardens, a memory care facility in Toms River. They are accused of tying the 93-year-old woman to a recliner with a bedsheet between Jan. 13 and Jan. 15, 2023, and not checking on her, according to court documents. 

In addition, they are accused of falsifying the records to say they checked on her every 30 minutes when they did not check on her, according to state investigators.

Alcantara and Robles are jointly charged with eight counts, two each of neglect, criminal restraint, assault on an institutionalized or elderly person, and endangering, and each is charged with one count of destruction falsification or alteration of medical records, according to court documents. 

Both pleaded not guilty, the attorney general's office said.

The charges resulted from an investigation by the attorney general's Office of Insurance Fraud Prevention’s Medicaid Fraud Control Unit.

"When we place our loved ones in the care of others, we rightfully expect that they will be treated with compassion, respect, and dignity," Attorney General Matthew Platkin said in announcing the indictment ahead of World Elder Abuse Awareness Day. "Those placed in care facilities should not have to fear victimization. We have a duty to protect those who cannot protect themselves, and we will advocate for them and prosecute those who exploit and mistreat vulnerable members of our society."

"We will not allow our elderly to be subjected to criminal abuse. Our loved ones deserve better," said Interim Insurance Fraud Prosecutor Al Garcia. "Criminal cases like these send a clear message that anyone who would harm and neglect individuals who need and deserve proper care and assistance will be brought to justice."

World Elder Abuse Awareness Day is commemorated on June 15, when individuals, communities, and organizations join together to shed light on the signs and the forms of elder abuse.

An estimated 1 in 6 people aged 60 or older are subjected to some type of abuse, including psychological abuse, physical abuse, financial abuse, sexual abuse, and other forms of neglect. The abuse can often remain hidden because the victims are too afraid or embarrassed to seek help.

Full Article & Source:
Duo Tied Woman To Recliner At Toms River Facility, Ignored Her: NJAG

Thursday, January 25, 2024

Man, woman indicted on exploitation of disabled, elder person charges

by Billy Hobbs


EDITOR’S NOTE:
 An indictment is an allegation of criminal conduct. All defendants are presumed innocent until and unless proven guilty in a court of law beyond reasonable doubt.

A Baldwin County grand jury recently returned a five-count indictment against a local man and woman stemming from reported crimes against a disabled or elder adult.

The indictments were returned earlier this month against defendants Jerry Kenneth Barber and Bobbie Jo Barber, according to court records.

The relationship between the couple, if any, was not immediately known.

The man and woman are each charged with two counts of exploitation and intimidation of a disabled adult, or an elder person or resident, records show. Each is also charged with two counts of neglect to a disabled adult, an elder person or resident, and one count each of false imprisonment.

The case was presented to grand jurors following an extensive investigation by Baldwin County Sheriff’s Office Detective Bob Butch. 

Each of the crimes reportedly happened on Nov. 28, 2023, in Baldwin County while the victim was being supervised by the defendants.

On the neglect charge, grand jurors accuse the couple of willfully depriving the victim of necessary sustenance to the extent that the health and well-being of the victim was jeopardized, according to the indictment.

Full Article & Source:
Man, woman indicted on exploitation of disabled, elder person charges

Sunday, January 7, 2024

99 Year-Old Among Five Victims Discovered in "Deplorable Conditions"

ORANGEBURG COUNTY, S.C. (WACH) — Investigators with the Orangeburg Department of Public Safety (ODPS) say five vulnerable adults ranging in age from 99 to 52 were in imminent danger when they were found in heavily soiled undergarments in the back of a Broughton Street barbershop.

During the December 27 investigation, officials say they were told that a man inside a closet room area ate himself to death and passed away on Christmas Eve, according to the incident report.


ODPS officials say bond was set a $30,000 for 40-year-old Shaneima Montgomery of Saint George on January 5 in connection to the crimes.

The Lemon Drive woman was arrested on January 4 and is charged with five counts of neglect and financial exploitation of a vulnerable adult.

The incident reports also states:
  • The building is deemed unsafe for residential living due to the following: building is not zoned for residential, building lacks necessary fire and safety systems that are required for individuals living in an institutional occupancy to include automatic sprinkler system and fire alarm system
  • The building does not have a kitchen sink
  • The building does not have bathing facilities
  • The exterior and interior doors are not adequate, the door hardware does not allow for accessible and safe egress
  • The front door was secured by a turn latch only, the exit door from the rear of the building where the stove was located has a twist style doorknob with a turn latch above and the third exit door was through a room where storage created exiting obstacles and a narrow path to the door
  • The storage room exit door had a twist style doorknob with a turn latch above
  • The victims rooms were keyed on the exterior to allow for locking of the victims within their rooms
  • The building is unlicensed and lacking appropriate DHEC licensing, inspections, and documented staff training necessary for the care and supervision of vulnerable adults
  • The building has several fire hazards to include lack of portable fire extinguishers, lack of sufficient emergency lighting, a residential stove was installed in the rear area but not in use with intent present to eventually utilize for cooing operations without a fire suppression system in place
  • The building does not have any interior handrails installed for vulnerable adults as a travel support, medication was not properly stored
  • The exterior of the building does not have a handicap rail that would be utilized for the victims in wheelchairs to safely transport in and out of the building
  • The oxygen cylinders were stored improperly to include no posted signs stating "OXYGEN IN USE", etc.
Full Article and Source:
99 Year-Old Among Five Victims Discovered in "Deplorable Conditions"

Tuesday, August 22, 2023

Couple sentenced for neglect, financial exploitation of Derby woman, 84, who died

by Eduardo Castillo


A Derby couple has been sentenced in connection with the mistreatment and financial exploitation of an 84-year-old woman that later died, the Sedgwick County District Attorney’s Office announced Tuesday.

The couple, 20-year-old Tiffany Williams-McCune and 23-year-old Jacoby Reeves, both of Derby, were convicted in connection with financial abuse and physical neglect of Leslie Jeffries.

Williams-McCune, who is Jeffries’ great-granddaughter, pleaded no contest to two felony counts of mistreatment of an elder person. The first count was for financial exploitation and the second for neglecting the physical needs of the victim, according to the release.

Reeves pleaded guilty to a felony charge of mistreatment of an elder person, related to neglecting the physical needs of Jeffries, and a misdemeanor charge of mistreatment, related to financial exploitation.

A joint investigation by the Derby Police Department and the Kansas Department for Children and Families found that the couple helped care for Jeffries in her home.

On Dec. 7, 2021, Derby police officers conducted a welfare check on Jeffries after other family members expressed concern. Officers found her “unresponsive and lying awkwardly on a couch in the basement of the home,” the DA’s office said. She had suffered a brain hemorrhage and later died at a hospital.

“Williams-McCune and Reeves ignored a medical emergency involving a victim and failed to get her help,” the release said.

The investigation also showed that the couple made unauthorized transactions totaling over $20,000 on Jeffries’ bank accounts while living with her.

An autopsy found that Jeffries had a variety of medical issues with a history of falling, which may have caused the brain hemorrhage that led to her death.

Reeves was sentenced to 12 months of probation last month with an underlying sentence of 12 months of jail time if he violates his probation. Williams-McCune was sentenced to 12 months months in prison in November 2022, but has since been released, DA spokesperson Dan Dillon said.

“Williams-McCune served a majority of her time after her arrest and is now free,” Dillon said.

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Couple sentenced for neglect, financial exploitation of Derby woman, 84, who died

Friday, June 30, 2023

Nursing home owners stole $83 million while neglecting residents, NY lawsuit says


By Brendan Pierson

(Reuters) -New York's attorney general on Wednesday accused nursing home operator Centers Health Care and its owners of stealing $83 million in government funds while understaffing its facilities, resulting in widespread neglect, illness and death among residents.

In a lawsuit filed in state court in Manhattan, Attorney General Letitia James sought to block four Centers nursing homes in New York from admitting new residents until they are sufficiently staffed, and to hire financial and healthcare monitors to oversee their compliance.

James is also asking the court to force Centers, its owners Kenneth Rozenberg and Daryl Hagler and others allegedly involved in the fraud to return the stolen money.

Centers spokesperson Jeffrey Jacomowitz said in a statement that the company "prides itself on its commitment to patient care" and "wholeheartedly" denies the allegations.

"We will fight these spurious claims with the facts on our side," he said.

James said that Rozenberg, Hagler and others used a complex network of companies and sham contracts to pocket $83 million in Medicare, Medicaid and other funding meant for patient care over the last decade.

Meanwhile, residents at four New York facilities suffered horrific neglect and mistreatment, according to the lawsuit. Among numerous examples cited in the complaint are a man who died of sepsis from an untreated bedsore; a woman who suffered brain damage after falling out of bed and receiving no treatment; and a man with dementia who left a facility unsupervised.

Residents were routinely left in soiled diapers for hours, and calls for help were ignored, the lawsuit said.

During the COVID-19 pandemic, Centers failed to provide masks to staff or follow infection control measures, James alleged. More than 400 residents died in 2020 in the four New York nursing homes, partly as a result of these failures, the lawsuit said.

The defendants used a variety of schemes to extract money from Centers nursing homes, James alleged.

For example, Hagler, who owned the real estate, charged the operating companies, owned by Rozenberg, exorbitant rent. A staffing company owned by Rozenberg's daughter was paid millions of dollars by Centers-affiliated entities, although it had no contract, the lawsuit added.

The defendants also transferred funds between entities they controlled with no-interest loans, many of which were never repaid, according to the lawsuit.

Centers also operates facilities in New Jersey, Rhode Island and Kansas.

(Reporting By Brendan Pierson in New York, Editing by Alexia Garamfalvi and Aurora Ellis)

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Nursing home owners stole $83 million while neglecting residents, NY lawsuit says

Sunday, April 16, 2023

A traumatic head injury may have led to the elderly victim's untimely death.

TOLEDO, Ohio — A residential care facility in Toledo is facing a wrongful death lawsuit alleging sexual abuse and neglect of an elderly woman.

According to the lawsuit filed Wednesday in Lucas County Common Pleas Court, Oakleaf Village on Holland-Sylvania Road is alleged to have contributed to the death of 86-year-old Bonnie Lease-Phillips, who suffered from dementia. Her son Christopher Lease alleges his mother was neglected by staff members and sexually assaulted by a resident, and suffered numerous falls. 

Her final fall resulted in a traumatic head injury. She never recovered and died in November 2022.

The lawsuit was filed on April 4 by attorney Wes Merillat, a representative of Charles Boyk Law.

"On multiple occasions, the family made Oak Leaf aware that there was a male resident that would enter their mother's living quarters, Oak Leaf assured them that they were monitoring the situation," Merillat said, "they found the individual without clothing in their mother's room approximately 1 a.m. in the morning."

Merillat says the facility not properly caring for her led to health issues and infections and added that ignoring her mobility limitations led to her multiple falls.

“Sometimes an assisted living facility is the best, safest living situation for a loved one suffering from dementia or who needs around-the-clock assistance or supervision. This company markets and promotes itself as an organization that you can trust your loved one with,” Merillat said.  “However, in this situation, every indication is that they set aside their claimed values in the name of business and exposed this woman to terrible injuries and suffering. You must make the neglect, inadequate care and exploitation of the vulnerable and the dependent unprofitable.”

Read the full lawsuit below


According to the suit, a male resident identified as "Jerry" was found by staff in Lease-Phillips' room at 1 a.m. in May 2022.

"Staff observed the male resident in bed with Bonnie with his pants down, penis exposed, and his hands on her breasts," the lawsuit states.

In addition to claims of neglect and sexual assault, the family also alleges that lack of security, mismanagement and inadequate staffing contributed to their mother's extensive injuries and eventual death. The lawsuit alleges staff members failed to assist the woman with using the bathroom, which contributed to numerous urinary tract infections.

"Highly disappointing is an understatement that they trust that this family put into the facility was failed every step of the way," Merillat said.

WTOL 11 emailed and called Oakleaf Village for comment Thursday. A spokesperson claimed they had not seen the lawsuit.

"We have not received notification about a lawsuit from the Charles Boyk law firm at The Grove, nor at Oakleaf Village," the spokesperson said. "We cannot discuss a lawsuit that we haven’t seen."

The spokesperson provided an updated statement Friday:

"The safety, health and well-being of our residents are our top priority. Due to confidentiality and HIPAA  requirements we cannot discuss information about our current or former residents."

The lawsuit asks for "an amount in excess of" $25,000 for each of the seven counts. The family is also asking for restitution of all funds paid to the facility, which the suit claims was about $280,000.

"There are far more common than we know because this is a population that is exploited because they are so vulnerable and they are highly underreported," Merillat said.

Merillat claims that Oakleaf Village was also found to have been cited for more than 50 health violations since August 2021.

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A traumatic head injury may have led to the elderly victim's untimely death.

Saturday, April 15, 2023

Wrongful Death Lawsuit Filed Against Residential Care Facility After 86-Year-Old Resident With Dementia is Sexually Assaulted and Neglected

PRESS RELEASE
Published April 11, 2023

The Oakleaf Village facility has been cited for more than 50 health violations since August 2021

TOLEDO, OH, April 11, 2023 /24-7PressRelease/ -- A family is suing the owners and operators of "Oakleaf Village," a residential care facility in Toledo, on behalf of the estate of their elderly mother. The suit comes after the family discovered that while under Oakleaf's care, their mother, who suffered from dementia and had limited mobility, was repeatedly neglected, sexually assaulted, and suffered numerous falls, including a traumatic head injury that led to her untimely death. It was also discovered that the facility has been cited for more than 50 health violations since August 2021.

Charles Boyk Law represents the family and filed the lawsuit in the Lucas County Court of Common Pleas on April 4, 2023. Oakleaf Village, LTD and its owner, JHT Wallick Holdings, LLC, are named as defendants in the suit, along with the "John Doe" who it is alleged committed the sexual assault.

The Complaint asserts that while Oakleaf promoted itself as having a high staff-to-resident ratio, highly skilled and caring dementia caregivers, and a state-of-the-art facility to keep residents safe and secure, they were actually understaffed, provided substandard care and services, and lacked the security to keep dementia residents safe. The family's lawsuit alleges systemic negligence, lack of security, mismanagement, and inadequate staffing contributed to their mother's injuries, assault, falls, and death.

"Sometimes an assisted living facility is the best, safest living situation for a loved one suffering from dementia or who needs around-the-clock assistance or supervision. This company markets and promotes itself as an organization that you can trust your loved one with," says the family's attorney, Wes Merillat. "However, in this situation, every indication is that they set aside their claimed values in the name of business and exposed this woman to terrible injuries and suffering. You must make the neglect, inadequate care, and exploitation of the vulnerable and the dependent unprofitable."

Read the official, file-stamped complaint online at https://www.charlesboyk-law.com/wp-content/uploads/2023/04/Complaint.pdf

Source:
Wrongful Death Lawsuit Filed Against Residential Care Facility After 86-Year-Old Resident With Dementia is Sexually Assaulted and Neglected

Sunday, December 18, 2022

'Harrowing' neglect, harm and suffering in New York nursing home: Attorney General lawsuit

WOODBURY, Long Island (WABC) -- A New York nursing home left elderly residents to live in "heartbreaking and inhumane" conditions while its owners diverted more than $22 million for themselves, New York Attorney General Letitia James alleged Friday.

The owners and senior managers of Cold Spring Hills Center for Nursing and Rehabilitation on Long Island created a network of shell companies to conceal the alleged fraud that siphoned Medicare and Medicaid funds that were supposed to be used for resident care, according to the attorney general's lawsuit.

This is the third enforcement action the attorney general's office has taken in recent weeks to stop pervasive fraud in nursing homes in the state.

"Cold Spring Hills' owners put profits over patient care and left vulnerable New Yorkers to live in heartbreaking and inhumane conditions," James said. "From Buffalo to Long Island, every nursing home in New York must abide by laws that require the best care for New Yorkers."

The son of a patient who died at the facility spoke out on Friday. He said as soon as he walked into his 72-year-old father's room on Easter Sunday, he knew something was wrong.

Michael Luszczyk said his father was covered in feces and urine.

"Yep and not conscious, they couldn't tell me the last time they cleaned him up, they couldn't tell me the last time they checked on him," Luszczyk said.

And nurses never got help. The NYPD officer called for help himself.

"I had to call my own ambulance at a nursing facility," he said.

Substandard conditions in nursing homes around the country were exposed during the COVID-19 pandemic.

Cold Spring Hills was among the nursing homes found to have underreported resident deaths from the virus. However, according to James' lawsuit, the 588-bed facility in Woodbury has "a long history of insufficient staffing and poor quality of care."

The lawsuit singled out several examples of "harrowing" neglect, harm and suffering:

-A diabetic resident had difficulty walking and was given a wheelchair by Cold Spring Hills that did not have footrests. To use the wheelchair, he had to drag both of his feet on the floor and as a result developed sores on his right foot. He was taken to the hospital and had to have part of his toe amputated because of the severity of his infections. Shortly after returning to Cold Spring Hills, he died. His co-guardian was never informed of his condition after he returned to the facility and was not told when he died.

-A man was admitted to Cold Spring Hills to regain mobility after a car crash left him badly injured. During his time at Cold Spring Hills, he received such poor care that he lost at least 30 pounds and his injury worsened. He had a preexisting pressure sore, and Cold Spring Hills' medical records reflect that his pressure injury increased in size and advanced from a stage 3 to the most severe stage 4 while he was under the care of Cold Spring Hills. In August 2021, he was admitted to the hospital for severe malnutrition, dehydration, a stage 4 sacral pressure injury, and right foot osteomyelitis (an infection in his bone). He told his wife, "They tried to kill me at Cold Spring Hills."

-A woman was admitted to Cold Spring Hills after suffering from a stroke that affected her ability to walk, use her right arm and hand, and speak. She was at the facility for only five months, and during her entire time there she only received three showers. Her daughter reported that her mother sat in an unchanged brief for hours. While visiting the facility, her daughter noticed that her mother's nails on her right paralyzed hand were so long that they caused abrasions on the inside of her hand. Her daughter complained to the Cold Spring Hills administrator about her mother's nails and was ignored.

Among other things, the lawsuit alleged the nursing home paid more than $15 million in fraudulent rent to Cold Spring Realty, which is owned by the same individuals who operate the nursing home, and paid more than $5 million to several entities for supposed consulting. In total, the nursing home transferred over $42.4 million to its owners from 2016 to 2021, the lawsuit said.

James is seeking to prohibit the nursing home from admitting new residents until there's appropriate staffing. She also is asking for monitors to watch over Cold Spring Hills' finances and healthcare services along with monetary penalties.


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'Harrowing' neglect, harm and suffering in New York nursing home: Attorney General lawsuit

Tuesday, November 8, 2022

Sibling caretakers arrested: Disabled adult seen climbing out of window, calling for help in Winston-Salem

When officers arrived, they saw a woman hanging halfway out of a bedroom window yelling for help.


Author: Blair Barnes

Two people were arrested after a woman was seen climbing from a bedroom window calling for help in Winston-Salem, according to police

Winston-Salem police were sent to the 1900 block of Bramblewood Trail after getting a call about unknown trouble. 

When officers arrived, they saw a disabled woman hanging halfway out of a bedroom window yelling for help. The woman lived at the home under the care of Mary Kathleen Adkins. However, Adkins' brother, George Murry Adkins Jr. was present in the home at the time of the incident as her caregiver.

After an investigation, police discovered the victim was locked in the room for more than 12 hours. 

On Oct. 13. the siblings were charged with the following:

  • Mary Adkins- 2 counts of domestic abuse/ neglect/ exploitation of a disabled adult 
  • George Adkins- 1 count of Domestic abuse/neglect/ exploitation of a disabled adult 

Anyone with any information regarding this investigation is asked to call the Winston-Salem Police Department at 336-773-7700, Crime Stoppers at 336-727-2800, or En Espanol 336-728-3904.

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Sibling caretakers arrested: Disabled adult seen climbing out of window, calling for help in Winston-Salem

Tuesday, September 6, 2022

Attorney for a Top Florida Insurance Law Firm Disbarred After Forgeries, Misconduct

By William Rabb

A former attorney with one of Florida’s top insurance defense firms has been disbarred after the Bar said she engaged in repeated acts of neglect, deception and forgery.

Erika Lynn Muller, until recently a partner with the Cole, Scott & Kissane firm, based in Fort Lauderdale, can no longer practice in the state, the Florida Supreme Court said in an order last week. The court agreed with the Bar’s complaint and a referee’s recommendation that she be disbarred, following months of disciplinary proceedings.

The Bar’s complaint lists several issues, including lack of truthfulness, misconduct and lack of communication, and details one case in particular that unfolded in 2020 and 2021. In a slip-and-fall claim against Rooms To Go furniture company in Miami, Muller offered to settle the claim for $325,000, even though she was not authorized to do so, the Bar said.

She then sent the plaintiff’s attorney a photocopy of a check that she had allegedly fabricated. The plaintiff’s lawyer filed motions to enforce the settlement, which resulted in a court judgment in March 2021 of $425,000, the complaint explains.

Despite garnishment actions against the law firm, the money never materialized. Muller then agreed to send $550,000 to stop the garnishments. She allegedly sent a photocopy of another fabricated cashier’s check, then said she would hand-deliver the check.

But on the day of the planned transfer, she falsely said she was in an automobile accident, the bar said.

Meanwhile, Muller told the furniture company and an adjuster for the insurance company that the case was still in mediation, the Bar said.

On April 7, 2021, Muller informed Cole, Scott & Kissane attorneys that she was resigning.

In an affidavit, “respondent acknowledged that she made misrepresentations to multiple parties and presented altered documents to plaintiff’s counsel,” the Bar’s complaint reads. “In her affidavit, respondent further stated that she was suffering from a mental health crisis during the time of the misconduct.”

Muller later failed to respond to any of the Bar’s inquiries into the matter. The Rooms To Go litigation, brought by an independent contractor who was injured at an RTG parking lot, was dismissed in June 2021.

A referee judge who reviewed the case against Muller agreed with the disbarment action.

“It is imperative that a clear and unmistakable message be sent that callous disregard for clients, the Florida Bar, and the attorney disciplinary process are serious infractions which may not be committed with impunity,” Judge James Martz II wrote in April of this year.

The state Supreme Court, which in recent years has often disagreed with referees’ recommendations, accepted it in this case and said the disbarment will be effective Sept. 25. Muller must also pay $1,315 to cover the Bar’s costs in investigating the case.

The case made headlines in Florida in 2021 and raised eyebrows around the legal community. Court records show that Muller was listed as an attorney on four cases before Florida’s 3rd District Court of Appeals, including an insurance claim appeal that is still pending.

Muller is a graduate of the University of Miami School of Law and was a member of the Florida bar since 2008. The Cole, Scott & Kissane website notes that she focused on bad-faith litigation, personal injury defense, premises liability and insurance defense litigation. She and the law firm’s leadership could not be reached for comment Wednesday evening and Thursday morning.

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