Showing posts with label Wrongful Death. Show all posts
Showing posts with label Wrongful Death. Show all posts

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

Wednesday, July 26, 2017

Press Release: Jean Kasem, Widow of Radio/Television Icon Casey Kasem, Files Lawsuit Against Kasem's Adult Children and Others for Wrongful Death, Negligence and Fraud

Suit details willful starvation and dehydration of Casey Kasem, which caused his death in 2014; complaint outlines pattern of wire fraud and bogus elder abuse claims about Jean Kasem, repeatedly found to be unsubstantiated by law enforcement, protective services and doctors.

SEATTLE and LOS ANGELES, July 19, 2017 /PRNewswire/ -- Jean Kasem, widow of legendary radio DJ and pop culture icon Casey Kasem, has filed a lawsuit in federal court in Washington state, accusing three of her late husband's adult children from a prior relationship 40 years ago, of conspiring to seize control of Casey through a "homicidal guardianship scam." The suit alleges that the adult children – Kerri, Mike and Julie Kasem, along with Julie's husband and their attorney Troy Martin – chemically restrained Casey Kasem and then caused his death to go after Casey and Jean's financial assets.

Also named as a defendant is Catholic Health Initiatives, one of the nation's largest healthcare systems, which owns and operates the facility where Kasem died.

Casey Kasem was "pronounced" dead at 3:23 am, June 15, 2014, at St. Anthony Hospital in Gig Harbor, Washington. The lawsuit, filed in U.S. District Court, Seattle, seeks damages for, among other things, "the conscious pain, suffering, anxiety and fear of impending death experienced by Casey Kasem."

The complaint alleges that Casey Kasem was criminally separated from his legal family of 35 years against his will and subjected to a forced, isolated hospital entrapment. It asserts that Kasem's adult children, using a fraudulent Durable Power of Attorney, made a series of rapid, unilateral decisions to terminate his life, completely ignoring his wife's desperate pleas and without any authorization by Washington State Judge Jennifer Irvine Forbes.

According to the complaint, Jean Kasem's husband was forcibly taken by his 44-year-old daughter Kerri to St. Anthony on June 1, 2014 for an "independent medical evaluation." St. Anthony hospital's examining physician, attended by Casey's personal physician, Dr. Donald Sharman, cleared Casey to be returned to the care he was receiving at home. St. Anthony Hospital's examining physician stated in his written medical report, "His {Casey Kasem's} current care plan and management in his current home has been appropriate today. Dr. Sharman's recommendations and availability have been excellent and timely."

The evaluation concluded at around 6:00 pm on June 1, but Casey was not returned home to his wife as intended. Instead, the complaint alleges that Kerri Kasem's attorney contacted St. Anthony Hospital's examining physician and fabricated an excuse for an "overnight observation," which was not authorized by Judge Forbes. As a result, Casey was held against his will at St. Anthony Hospital.

On June 2, 2014, Judge Forbes read St. Anthony Hospital's examining physician's report and found "no compelling argument from the doctor in the report that he {Casey} needed to stay in the hospital." She then authorized that Casey be immediately returned home to his wife.

Concurrently, Dr. Sharman and Jean Kasem called St. Anthony and were informed by the attending physician that, "Casey Kasem's medical evaluation had concluded and his overnight observation went well, he is discharged and you can come pick him up."

That afternoon when Jean, Dr. Sharman, Casey's private nurse and one of Jean's attorneys arrived at St. Anthony Hospital with medical transport to pick Casey up and bring him back home, they were stalled for hours by hospital staff.

According to the complaint, St. Anthony Hospital's attending physician, who previously told Dr. Sharman and Jean Kasem that "Casey was discharged," reversed himself, saying Casey would not be discharged. He also could not explain to Dr. Sharman and Jean why Casey needed to remain in the hospital. Kerri Kasem's attorney then screamed, "Casey is not leaving the hospital period!" From that day forward, Dr. Sharman, along with Casey's private nurse, Jean, her attorneys and Liberty Kasem were all banned from St. Anthony.

Full Press Release and Source:
Jean Kasem, Widow of Radio/Television Icon Casey Kasem, Files Lawsuit Against Kasem's Adult Children and Others for Wrongful Death, Negligence and Fraud

Wednesday, June 1, 2016

Largest Calif. nursing home chain accused of wrongful death

Czersale Hilton, right, with her mother Geneva
CBS Los Angeles

LOS ANGELES-- The owner of California's largest chain of nursing homes has come under fire, accused of abuse and wrongful deaths.

CBS Los Angeles reports the daughter of a resident of one of their nursing homes has filed a lawsuit, claiming her mother died prematurely as a result of the care she received.

Czersale Hilton's mother, Geneva, 68, was admitted into Centinela Skilled Nursing & Wellness Centre West in Inglewood in 2014. Five weeks later, she was dead.

"I was shocked. Of course, I was shocked, because the last time I spoke to my mom, she was herself," Hilton recalled. "I loved my mother with all my heart, and I miss her every day."

Los Angeles millionaire Schlomo Rechnitz owns Centinela West. His charitable efforts have been chronicled on television. He's the same man who reportedly gave thousands of lottery tickets to some of his employees earlier this year.

During a layover in Ireland, he gave 400 American soldiers $50 each so they could purchase a meal.

Rechnitz's companies own 81 nursing homes in California, the most in the state.

In 2014, CBS Los Angeles' investigative reporter David Goldstein tallied $500 million in taxpayer Medicare and Medi-Cal money. But they have come under fire for allegations of neglect, abuse and wrongful deaths, something that is well known to elder-care experts like Molly Davies.

"We see the same persistent problems. So that speaks to me of an unwillingness to make the necessary changes," Davies said.

Hilton has sued Centinela West, claiming elder abuse and negligence. According to the lawsuit, her mother "was admitted for rehabilitative care following a hospitalization for chest pains. Her lungs were clear and she was in good condition."

But five weeks later, she was rushed to a hospital in critical condition, suffering from pneumonia, dehydration and a body temperature of lower than 80 degrees.

According to the lawsuit, doctors suspected elder neglect. "So, something went on there. I am still not clear on what happened over there," Hilton said.

Goldstein visited Centinela West with a hidden camera. He witnessed a patient moaning, and his producer smelled human waste.

According to the most current 2015 Medicare nursing home profile, Centinela West has an overall rating of 3 out of 5 stars.

But the nursing staffing and health inspection categories both got only 2 stars, something Medicare considers below average.

Centinela West is not the only nursing home with multiple complaints connected to Rechnitz.

"It was like zombies walking around here," said South Pasadena police chief Art Miller, who described patients at South Pasadena Convalescent Hospital when it used to be owned by Rechnitz.

The federal government decertified it last year, denying its eligibility to get Medicare money. It happened after Courtney Cargill, 57, set herself on fire.

The FBI has also raided two of Rechnitz's facilities, including the Alta Vista Healthcare & Wellness Center in Riverside. No charges have been filed.

The California attorney general filed involuntary manslaughter charges against the Verdugo Valley Skilled Nursing facility in Montrose and two staff supervisors after a 58-year-old male patient died.

The attorney general tried unsuccessfully to block Rechnitz from owning more nursing homes saying his "continued and repeated refusals to comply with industry laws and regulations was harming the skilled nursing industry."

Patricia McGinnis with the California Advocates for Nursing Home Reform asked: "If that's the case, why are you giving out more licenses to this company?"

"Under his particular company, we've had more closures and more decertifications in such a short period of time than any time that I can think of in the last 30 years," McGinnis added.

The California Department of Health, which licenses nursing homes, refused a request for an on-camera interview about Rechnitz's facilities.

After several requests for an on camera interview, a spokesperson for Rechnitz issued a statement: "Mr. Rechnitz has for years been an integral part of providing quality nursing home services to Californians, rescued 59 institutions from insolvency, preserved 6,000 jobs, provides life-aiding services to thousands of Californians."

The spokesperson said Rechnitz has gone above and beyond what is necessary to deal with the challenges of the industry.

As for Hilton, she is still searching for answers and hopes telling her story will help others. "I didn't want my mom's death to be in vain."

In response to the accusations, the company provided the following statement to CBS Los Angeles:

"No matter how much one sensationalizes a story with foreboding music, hidden cameras and scurrilous charges, the fact remains that Mr. Rechnitz has for years been an integral part of providing quality nursing home services to Californians throughout the state.

Regardless of the accusations of the rapacious plaintiffs bar, the California Advocates for Nursing Home Reform and other special interests, the facts are clear:
  • Mr. Rechnitz has rescued 59 institutions from insolvency, resulting in the continuation of care for more than 6,000 patients and the maintenance of 6,000 jobs.
  • He currently provides life-aiding services to thousands of Californians; and
  •  He has dealt with any challenges that these homes have faced by going above and beyond what is necessary to meet those challenges.
Any claims to the contrary ignore the facts in favor of the kind of salacious, cheap headlines that do little more than damage someone who is working tirelessly to help a population that is far too often underrepresented."

Full Article & Source:
Largest Calif. nursing home chain accused of wrongful death

Friday, March 25, 2016

Shocking Nursing Home Abuse and Death of Wrestling Legend Leads for Calls for Nursing Home Oversight



The first shock was when the family of wrestling legend Chief White Owl experienced his untimely death from shocking abuse after only a temporary stay turned into a nightmare at a Florida nursing home. “He was only supposed to go in for 120 days for evaluation on the meds he was on for senile dementia and return home,” says his wife Patricia, “and never did.”

The Chief was diagnosed with malnutrition, dehydration, overmedication, had lost 32 pounds in 8 weeks, had Decubitus Ulcers on both feet to the point that the hospital recommended amputation of both feet. bed sores Stage 4, had lost upper and lower parcel plates, and both rotary caps in both shoulders were turned where he had been dropped.

The second shock was when 50% of the $1.1 million punitive damages awarded by the Jury was mandated to go back to the state’s own Health Care Administration Agency – which neither the jury nor family were informed of at any point before, during or after the trial.

Now, the family of Chief White Owl aka George Dahmer are leveraging his name recognition with their own outrage at a list of egregious mistreatments and abuse in petitioning the state to strengthen its oversight of senior nursing homes, and increase transparency.

Join the growing global community at http://www.Everyone-Matters.com who believe that EVERYONE matters.

The petitions – https://goo.gl/3nMkXZ - and here – https://goo.gl/3pyXWq - petition the Florida House Of Representatives, as follows:

We the people of the United States Of America demand stiffer laws and harsher penalties on all nursing homes. The elderly and disabled need maximum protection to keep them healthy and Safe. Let's make this a better world to live in for everyone. The Dahmer family is striving for:

• 1. Require nursing homes to have background checks done before commencement of all employees, and then every third year on all employees. Prohibit convicted felons. (The director of nursing at Lake Worth Manor was a convicted felon. Armed robbery, theft, assault, and drug charges.)

• 2. Make sure every nursing home is fully staffed at all times. (Lake Worth Manor was EXTREMELY UNDERSTAFFED.) The nursing facility will be fined $10,000 per occurrence for not being fully staffed. (Being understaffed means the quality of care suffers.)

• 3. Health inspections done every 3 months instead of every 15 months.

• 4. Make sure there is a doctor on site 7 days a week. If not, then there needs to be ready access to an after hours doctor for residents. (There was no doctor assigned at Lake Worth Manor.)

• 5. Make sure there is a minimum coverage of $1,000,000 per resident coverage living in nursing facility for negligence or death and $10,000,000 global coverage. (Lake Worth Manor covered $10,000 per resident coverage.)

• 6. Surveillance camera's put in residents rooms upon request (school's, nursery's, etc have them, so why not nursing homes?)

• 7. Nursing homes must have a 4 or 5 star rating or fined $10,000 per occurrence when below 4 stars.

• 8. ALL the above Nursing Home requirements and regulations shall not be State funded. The owner, owners, Or corporations shall be fully responsible to make sure every Nursing Home Facility has maximum protection and maximum safety on each resident staying or living in Nursing Home Facility. Make sure that all residents rights are GRANTED!! Each resident should get the best care there Is. Treat each resident with dignity and respect. The way it should be.

We need to Make Sure That ALL the Residents Rights are GRANTED!! Each Resident Should Get The Best Care There Is. They ALL NEED TO Treat Each Resident With Dignity and Respect. That's the Way It Should Be.

"CHIEF WHITE OWL'S LAW"

The video feature was by Sheila MacVicar, with Joie Chen,
for America Tonight by Al Jazeera TV

Source:
Shocking Nursing Home Abuse and Death of Wrestling Legend Leads for Calls for Nursing Home Oversight

Saturday, March 12, 2016

Emeritus at Santa Rosa nursing home to pay $1 million in settlement


Eleanor Buckingham
A high-end Santa Rosa nursing home has agreed to pay $1 million to settle a wrongful death and elder abuse lawsuit alleging it allowed a patient to die from complications of a bedsore, attorneys said Tuesday.

Emeritus at Santa Rosa, since renamed Brookdale Fountaingrove, agreed to the payout in the 2013 death of Eleanor Buckingham, 87.

Her family alleged nursing staff erred in treating a pressure ulcer that developed on her back, withholding proper care until it became infected.

She died of sepsis after being taken to Santa Rosa Memorial Hospital, said attorneys Jeremy Fietz and Sandy Horowitz.

They said the case shows even the most expensive nursing facilities make mistakes. Emeritus charged patients about $100,000 a year to stay in the Fountaingrove Parkway facility, the attorneys said.
“I think it’s really important that people watch very carefully, no matter what nursing home their loved one gets into,” Fietz said.

Sue Becker, nursing home administrator and executive director, did not return a call Tuesday seeking comment. She was named in the suit, filed in Sonoma County Superior Court, along with Jennifer Abramson, the former director of nursing. A spokeswoman for the Tennessee-based company, Shawna Zody, did not comment.

Brookdale bought Emeritus Corporation in 2014 for a reported $1.4 billion in stock. The company owns at least three other facilities in Sonoma County.

The company released a statement Tuesday saying it has made unspecified changes since the merger, and highlighting that the lawsuit concerned events that predated the merger.

“While there were defenses to the allegations, we ultimately decided to resolve this case to put our focus on what matters most, the health and well-being of our residents,” said the statement from spokeswoman Shawna Zody.

A Bay Area watchdog said the $1 million settlement is significant since damages for simple negligence are capped at $250,000 under state law.

“A million dollars is a statement,” said Patricia McGinnis, executive director of California Advocates for Nursing Home Reform. “It says, we did something wrong.”

She said her group receives frequent complaints about corporate-owned nursing homes, including those operated by Seattle-based Emeritus and Brookdale.

“They are large, for-profit chains trying to provide healthcare,” she said. “I’m not sure they are capable of doing it.”

Buckingham, a San Francisco native who served as a civilian airplane spotter during World War II, moved to Santa Rosa with her late husband, Warren, in the 1950s. She raised two children and eventually became a pilot herself, joining the Ninety-Nines, an international organization for female fliers.

After suffering a bout of cellulitis about four years ago, she was admitted to Emeritus in November 2012 for rehabilitation with plans to return to live with her daughter in Windsor, her attorneys said.

Emeritus staff noticed the bed sore on her back at admission but did not take immediate action to treat it, the lawyers said. Instead, they allowed the wound to double in size and held her at the facility until Jan. 15 — the last day covered by Medicare, Fietz and Horowitz said.

At that point, Emeritus downgraded her treatment from skilled nursing to assisted living, the lawyers said.  (Continue Reading)

Full Article & Source:
Emeritus at Santa Rosa nursing home to pay $1 million in settlement

Thursday, March 10, 2016

America Tonight: Nursing Home Trust

Advocate Debbie Dahmer's family is interviewed regarding Debbie's Dad George Dahmer (aka Pro Wrestler Chief White Owl) Wrongful Death Case in which a nursing home was found guilty on all charges November 2012.

 The nursing home appealed and lost three times on punitive damages.

 Unbelievably, a Florida statue then mandated Debbie's Mother to pay 50% of the punitive damages award to help "improve the quality of care in nursing homes."

 America Tonite exposes what's really going on.....re-decorating, gazebos, fish ponds....

Source:
America Tonight:  Nursing Home Trust