Showing posts with label breach of contract. Show all posts
Showing posts with label breach of contract. 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

Thursday, June 10, 2021

Suit claims disbarred attorney in breach of contract

By Alex Rose

MEDIA COURTHOUSE >> A Newtown Square woman is suing a disbarred attorney for $160,000 she claims to be owed under a settlement agreement that was never honored.

Yvonne Jewell is alleging two claims for breach of contract and detrimental reliance against former Philadelphia attorney Adrian Joseph Moody, according to a civil complaint filed in Delaware County Common Pleas Court last week. No attorney for Moody was listed in online court documents as of Wednesday.

Jewell says she hired Moody as her attorney following the death of Dr. James West in 2006. West allegedly represented verbally in the last years of his life that he was leaving his entire $1.8 million estate to Jewell, but never properly put those wishes into a written last will and testament.

Moody litigated the case and received some amount owed to Jewell that was presumably put into his attorney trust account, but then misappropriated significant funds owed to Jewell and did not respond to her communications, the complaint says.

Jewell eventually hired Reading attorney Stephen Yarnell and filed a complaint against Moody, who was disbarred in 2015 for misappropriating funds from another client, the complaint says.

Through his counsel, Moody allegedly represented that he wants to be reinstated as an attorney and that settling the matter with Jewell would help in that regard, the complaint says. He also allegedly asked for time to make payments, which he planned to fund by borrowing money from friends, and stated that he might file for bankruptcy if an agreement could not be reached, the complaint says.

The parties reached a settlement agreement on June 22, 2020, in which Moody agreed to pay Jewell $160,000, including an initial payment of $55,000 due within 90 days, according to the complaint. An order to settle, discontinue and end the civil action was subsequently filed in the Common Pleas Court, effectively rendering the matter closed.

But Jewell now claims that despite the resolution, Moody has not paid a dime of the agreed sum as of June 1, 2021. Yarnell contacted Moody’s counsel in the intervening period, but that attorney either said Moody could not be reached or was struggling with a legal action brought against him by the Internal Revenue Service, the complaint says. Several meetings to resolve the matter were set, all of which were allegedly canceled by Moody’s attorney.

Jewell says Moody is now in breach of the settlement agreement and believes he is hiding assets to defraud creditors, including herself.

She is seeking a judgment for damages in excess of $160,000 with interest, along with attorney’s fees, and has asked that the court reinstate the previous action as if it were never ordered settled until Moody fulfills the terms of the agreement in full.

Full Article & Source:

Sunday, March 24, 2019

Rosa Parks Charity Files US Supreme Court Petition Charging Corruption in Probate Court (Docket No. 18-1152)

Detroit, MI — The charity organized by civil rights icon Rosa Parks has filed a petition for certiorari in the United States Supreme Court citing gross corruption in the probate court located in Mrs. Parks’ adopted hometown of Detroit, Michigan. The petition focuses on a dispute concerning the whereabouts of the wool coat worn by Mrs. Parks at the time of her arrest in Montgomery, Alabama on December 1, 1955. The famous coat was slated to be part of an exhibit of thousands of civil rights artifacts to be presented by the United States Library of Congress in December of this year. The coat will not be part of the exhibit due to the corruption of Judge Freddie G. Burton, Jr. the probate judge presiding over Mrs. Parks’ estate in the Wayne County Probate Court. 

The estate of Mrs. Parks, who died in 2005, recently entered its 14th year of administration. Almost immediately upon commencing probate, Judge Burton disregarded Mrs. Parks’ express wishes for the management of her estate by her friend, Elaine Steele, and appointed two court cronies as administrators of her estate. By 2009, these cronies managed to completely bankrupt Mrs. Parks’ simple and modest estate by charging excessive administration fees that exceeded the gross value of these estate. When Mrs. Parks’ charity, the Rosa and Raymond Parks Institute for Self Development, the primary beneficiary of the estate, complained about these excessive fees Judge Burton charged the charity and its co-founder, Mrs. Steele, with contempt of court and imprisonment for exercising their rights. In further retaliation, in 2009 Judge Burton confiscated valuable civil rights artifacts and intellectual property belonging to the Institute and awarded this property to the court cronies, without any discernible basis and without conducting a trial or proceedings of any kind. Fortunately, the Michigan Supreme Court reversed these confiscations in 2011, returning the property to the Institute and ordering the immediate discharge of the court appointed cronies.

Unfortunately, Judge Burton did not change his corrupt practices. For the last eight years, Judge Burton has visited repeated travesties upon the Institute and Mrs. Steele in an effort to reverse their success in the Supreme Court. As set forth in the petition for certiorari, Judge Burton refused to enforce a contractual promise by the nieces and nephews of Rosa Parks to deliver the coat to the Institute for inclusion in the civil rights artifacts to be displayed by the Library of Congress. When the Institute sued for breach of contract, Judge Burton held that the coat was essentially worthless and dismissed the action, without trial or evidentiary proceedings of any kind.

The irony of Judge Burton’s backhanded administration of Mrs. Parks’ estate is inescapable, as there is little difference in the gross abuse of constitutional, ethical and moral dictates that occurred in Montgomery, Alabama on December 1, 1955 and the flagrant disregard of Mrs. Parks’ last wishes, theft of property and diminishment of her beneficiaries committed here under the cloak of judicial process. If uncorrected, Judge Burton’s re-victimization of Mrs. Parks will serve, at a minimum, as a lasting stain on our system of justice. The US Supreme Court is expected to issue a decision on whether to accept the case in approximately two months.

For more details about the petition, visit http://cohenandassociatespc.com/rosa_parks_litigation

PRESS CONTACT:
Attorney Steven G. Cohen
scohen@cohenandassociatespc.com
248-762-6516

Full Article & Source: 
Rosa Parks Charity Files US Supreme Court Petition Charging Corruption in Probate Court (Docket No. 18-1152)