MD jury awards $1.85M to nursing home resident left outside in heat

Morningside House of Satyr Hill is shown in Parkville on Dec. 26, 2025. (Brian Compere/The Daily Recod)

by Ian Round

Earlier this month, jurors in Baltimore County awarded a $1.85 million judgment to a nursing home resident with dementia who suffered heat stroke after being left outside for several hours.

The award is connected to a June 2024 incident at Morningside House of Satyr Hill, a facility in Parkville that operates within the broader Morningside House network of elder care properties across the mid-Atlantic and Florida. There, staff took resident Ann McShane outside, then neglected to bring her back in for at least four hours. Later that afternoon, staffers couldn’t find her for dinnertime. They eventually located her “slumped over” in the courtyard, severely sunburned, covered in vomit and barely responsive, her lawsuit stated.

“I went outside to get some fresh air and I was yelling for hours for someone to let me in,” McShane, who is in her 70s, told first-responders and hospital staff, according to the incident report filed by the Baltimore County Fire Department.

She was hospitalized for a week and a half.

The incident was not a one-off for Morningside House of Satyr Hill. State regulators with the Office of Health Care Quality (OHCQ), a division of the Maryland Department of Health, have cited the nursing home for failing to not only properly administer and document resident medications, but also to provide mandatory incident reports after residents’ injuries and falls.

Maryland has also issued “deficiency notices” after the elopement of at least two memory-care residents, McShane’s complaint states. In one case, staff failed to account for a resident after a fire drill; the person was returned after a concerned neighbor called 911. In another case, staff didn’t know a resident got out because the alarm system was not working.

Beth Sinnott, executive director of Morningside House of Satyr Hill, said in a brief interview that the organization takes such incidents “very seriously” and has acted to make sure this doesn’t happen again. She declined to say what had changed.

“The safety and wellbeing of our residents is our highest priority,” Sinnott said.

Morningside House was represented by the law firm Kiernan Trebach; a lawyer declined to comment.

McShane, who was represented by Owings Mills attorneys Allen Honick and Dustin Furman, sued in December 2024, alleging negligence and breach of contract. She now lives in an assisted living facility in White Marsh, Honick said, and while she has recovered from her physical injuries, the heat stroke left “significant lasting effects on her overall wellbeing.”

The jury on Dec. 17 awarded her $1.85 million, all for noneconomic damages, Honick said. She is set to receive $965,000 due to the cap on such damages.

McShane was the named plaintiff; her sister served as a guardian ad litem during the proceedings after the defendant raised concerns about her competency.

“Had the Plaintiff and her family known that Morningside had a pattern of ignoring and failing to implement OHCQ corrective action plans,” her complaint stated, “especially those addressing safety, medication management, and incident reporting for memory care residents, the Plaintiff would never have become a resident at Morningside.” 

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MD jury awards $1.85M to nursing home resident left outside in heat 

Family Outraged After 83-Year-Old Navy Veteran Found Dead in Walk-In Freezer at The Waverly Assisted Living & Memory Care

TAMPA BAY, FL — The family of an 83-year-old Navy veteran is demanding accountability after he was found dead inside a walk-in freezer at The Waverly Assisted Living and Memory Care in Trinity. The man, identified as William Eugene “Gene” Ray, had been missing from his room for hours before staff located him.

Ray’s daughter, Kristen Spencer, said she learned of her father’s death after a terrifying search. “I woke up the next morning, and when I looked at the Ring camera, the light was on, and he was not in his room,” Spencer said. “When they told me they found him, the next words were, ‘He’s in the freezer.’”

A Devoted Father and Navy Veteran Found Dead at Assisted Living Facility

Spencer described her father as calm, funny, and creative — a man devoted to his family and proud of his 36 years of service in the U.S. Navy. “He was artistic, very creative, always happy, always smiling, friendly to everyone,” she said. Even while living with dementia, Gene remained active and upbeat.

In May, Spencer and her family moved him into The Waverly so he could receive more consistent care. She said conditions initially seemed fair, but later grew concerning. “As time progressed, you see things that start to send up concerns,” she said, citing issues related to staffing and supervision.

Details of the Incident

Spencer had installed a Ring camera in her father’s room to keep an eye on him from afar. Around 12:30 a.m., she saw him leave the room. Hours later, Gene was found deceased inside a walk-in freezer on the property. Authorities with the Pasco Sheriff’s Office said they responded to the incident around 8 a.m., adding that preliminary findings indicate the event was accidental and that no foul play is suspected.

Calls for Accountability in Nursing Home Negligence

The family is demanding a full investigation into how Gene was able to access the freezer and why he was not located sooner. “If we had not called the facility, when would they have found him?” Spencer asked. “We need answers. How could this happen?”

They are pushing for stronger safety measures at The Waverly to prevent other families from facing similar tragedies. “When you have vulnerable people in a place, you have to secure these areas,” Spencer said. “No other family should have to endure this.”

Assisted Living Facility Responds to Concealed Death of Elderly Man

In a written statement, The Waverly Assisted Living & Memory Care expressed sorrow over Gene’s death, calling it a “heartbreaking loss.” The facility said it remains in compliance with all regulations and emphasized that the safety and dignity of residents are top priorities.

“The Waverly community is deeply saddened by this loss,” the statement read. “We are proud of our staff’s immediate response and remain committed to transparency, accountability, and providing the highest standard of care.”

Investigators have not released final findings, and the family continues to await official answers about what went wrong that night.

Legal Options for Families After Assisted Living Facility Abuse

When incidents occur inside assisted living facilities, families are often left heartbroken and uncertain about their rights. We spoke with experienced elderly abuse lawyer Michael Haggard to discuss the legal steps families can take when a loved one is harmed due to neglect or unsafe conditions in a care home. Their conversation highlights how families can take action to protect others and demand accountability from those responsible.

Laurence Banville, Esq.: When a tragedy like this happens in an assisted living facility, what legal paths are open to a family seeking accountability?

Michael Haggard, Esq.: Families can explore several avenues. One primary step is filing a civil lawsuit against the facility’s owners or operators for negligence — especially when there are clear questions about safety measures or staffing. That can include wrongful death claims, where compensation covers emotional loss, medical bills, and funeral expenses.

Banville: Would state regulations play a part in such a case?

Haggard: Absolutely. Florida has specific laws governing assisted living residences. If a facility fails to follow mandatory safety protocols, such as restricting access to hazardous areas, those violations can strengthen the family’s claims.

Banville: How quickly should a family act if they’re considering a claim?

Haggard: Time matters. Contacting an attorney promptly allows an investigation to begin while the evidence is still fresh. That includes securing surveillance footage, interviewing staff, and reviewing maintenance logs.

Banville: And beyond lawsuits, are there steps these cases can trigger for systemic change?

Haggard: Yes. Legal cases often push facilities to adopt stronger safety programs and increase training. While justice in court is important, preventing another family from enduring such grief is just as vital.

Families Deserve Answers and Support

If your loved one has suffered harm in an assisted living or memory care facility, you don’t have to face it alone. Our dedicated legal team stands ready to review your case, explain your options, and fight for the accountability your family deserves. Contact us today for a free and confidential consultation.

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Family Outraged After 83-Year-Old Navy Veteran Found Dead in Walk-In Freezer at The Waverly Assisted Living & Memory Care 

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

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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

Crown Point attorney suspended after cases delegated to son were neglected

Steven A. Johnson, a Crown Point mediation and labor attorney, has been suspended from the practice of law in Indiana after two cases he handed off to his son resulted in two five-figure sanctions and a default judgment of $1.8 million against his client due to negligence.

Discipline was ordered in In the Matter of: Steven A. Johnson, 21S-DI-211, after Johnson was found to have violated Indiana Professional Conduct Rules 1.3: Failing to act with reasonable diligence and promptness; 1.4(a)(3): Failing to keep a client reasonably informed about the status of a matter; 1.4(a)(4): Failing to comply promptly with a client’s reasonable requests for information; and 1.4(b): Failing to explain a matter to the extent reasonably necessary to permit a client to make informed decisions.

According to Thursday’s order, Steven Johnson and his son, Arthur C. Johnson, were partners at the time and represented a transportation company in two separate matters — a breach of contract action and a labor dispute.

Arthur Johnson is a former Merrillville attorney who resigned from the Indiana bar in 2021 after facing a disciplinary action for allegedly engaging in a scheme to falsify a notice that the court’s electronic filing system had malfunctioned to cover up his failure to timely submit a filing. He was alleged to have violated seven rules of professional conduct, and had previously faced $33,252.36 in sanctions from the U.S. District Court for the Northern District of Indiana in July 2019.

In the May 5 order, it states the transportation company client’s CEO, Danette Garza, was the sole point of contact with the law firm. The order says Steven Johnson led Garza to believe that he would have primary responsibility for the two matters and that Arthur Johnson would assist him in those cases.

However, after some initial activity in the breach of contract action, Steven Johnson delegated all internal responsibility to his son and stepped away from the matter entirely.

The recent order says that Arthur Johnson wholly neglected the breach of contract matter, which resulted in a series of adverse rulings. Specifically, Arthur was largely nonresponsive to Garza’s inquiries and, when he did respond, misrepresented the status of the case.

Steven Johnson was also nonresponsive to Garza’s inquiries.

Due to their neglect, the breach of contract action resulted in two five-figure sanction awards and a $1.8 million default judgment against the client. According to the high court’s order, the client only first learned about the judgment when its bank account was seized during garnishment proceedings.

Successor counsel later appeared for the client and moved to set aside the default judgment based on the Johnsons’ neglect.

Meanwhile, a similar sequence of events unfolded in the clients’ labor dispute. Steven Johnson, again, internally delegated the matter to his son without informing Garza. Arthur proceeded to wholly neglect the matter and both he and his father remained largely nonresponsive to Garza’s inquiries.

“Respondent knew of Arthur’s failure to timely file an answer, noncompliance with discovery, and a resulting order to show cause; yet Respondent did not increase his attention to the case or take any remedial steps,” Chief Justice Loretta Rush wrote in the order. “Successor counsel appeared for Client at the show cause hearing and thereafter worked to comply with the pending discovery orders, and Respondent subsequently withdrew his appearance.”

The Indiana Supreme Court agreed to suspend Steven Johnson for 30 days beginning on June 20. He is prohibited from taking on any new legal matters between the service of the May 5 order and the effective date of his suspension and shall also fulfill all the duties of a suspended attorney under Admission and Discipline Rule 23(26).

Once the suspension period is up, provided there are no other suspensions in effect, Steven Johnson shall be automatically reinstated to the practice of law, subject to the conditions of Admission and Discipline Rule 23(18)(a). The costs of the proceedings are assessed against him.

Steven Johnson, who was admitted to the bar in 1975, has previously faced a “private reprimand” in a 1995 attorney discipline action, according to court records.

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Crown Point attorney suspended after cases delegated to son were neglected

Settlement approved in Faulkner County nursing home scandal case; details kept confidential

By Max Brantley

Here’s one of the final chapters of a nursing home negligence lawsuit that led to a political scandal and a couple of federal indictments.

Circuit Judge Dick Moore signed a Perry County probate court order today approving the distribution of funds received from the settlement of a lawsuit against nursing home magnate Michael Morton and former Republican Party chair and Sen. Gilbert Baker for allegedly interfering in a nursing home negligence case over the death of Martha Bull, a Perryville resident.

The judge reviewed the confidential settlement in private and its terms were not on the record in either the motion for approval of the settlement or his order to disburse the proceeds.

Bull, 76, died one month after entering the Greenbrier Nursing and Rehabilitation Center in Faulkner County in 2008. She had severe abdominal pain and a doctor ordered her admission to a hospital, but the order was overlooked despite her agonized cries for help and she died that night,

A lawsuit was filed in Faulkner County by her daughters, Rose Perkins and Rhonda Coppak, and it led to a $5.2 million jury verdict in the court of Circuit Judge Mike Maggio in 2013. Maggio subsequently reduced the verdict to $1 million. And then stuff started hitting the fan. Maggio, then running for Arkansas Court of Appeals, said the verdict shocked the conscience. Our report on the decision, the first on it, indicated our shock at his decision.

It soon developed that Morton had contributed heavily to Maggio’s campaign at that time, through multiple PACs orchestrated by Baker. He also gave $100,000 to UCA, which then employed Baker as a lobbyist.

Thomas Buchanan, attorney for the Bull estate, sued Maggio, Morton and Baker in 2014 alleging that the campaign contributions influenced Maggio’s reduction of the verdict. Separately, a federal criminal investigation began. Maggio pleaded guilty to reducing the verdict in return for the campaign contributions and is serving a 10-year term. Baker has been indicted and is awaiting trial. Morton was not charged and has insisted he made legal campaign contributions to Maggio (and many other judicial candidates).

The 2014 lawsuit was settled earlier this week. Maggio is no longer a defendant. Morton, as owner of many nursing homes, is the likely source of any money paid to settle the case. Baker, when he appeared in court last year, was said to be making $53,000 as a music faculty member at UCA. He’s being represented by a court-paid attorney.

The petition in probate court said the Bull estate had been represented by three law firms — the Buchannan law firm, the Brannon Sloan law firm and the firm of Dodds, Kidd, Ryan and Rowan — working on a contingency fee basis. They were to be paid all recovered money and costs because of what they said was the complexity and upfront costs of the litigation.

Their filing said the confidential settlement terms included a “certain sum of money.” The petitioners asked the probate judge to distribute that money — since no claims are pending against the estate — in equal shares after payment of attorney fees and costs to seven heirs, including Coppak and Perkins. The judge reviewed the settlement amount, attorney fees and expenses in camera. This request was filed in Perry County Sept. 17.

Today, Judge Moore signed an order approving the request. It said the contingency fee was “reasonable” and ordered the remainder distributed to seven heirs, except for one portion held in trust for the estate of an heir that is still in probate.

When Buchanan confirmed a settlement had been reached earlier this week, he said he could say no more.

What’s left?

Baker’s trial is set Feb. 22. It’s never been clear if the federal investigation into the matter is otherwise closed but Maggio is believed to have been cooperating. The investigation verged into Baker’s activities as a fund-raiser for several judicial candidates helped by Morton, including Supreme Court Justice Rhonda Wood. My effort to pin down some federal information gathering ran into a Supreme Court stonewall last year.

 

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Settlement approved in Faulkner County nursing home scandal case; details kept confidential

Arkansas nursing home case said settled

Lawsuit centered on ’13 jury award

 

by Linda Satter

FILE — Rosie Perkins, left, comforts sister Rhonda Coppak while discussing the death of their mother Martha Crow Bull at her grave site in Perryville November 19, 2015. The family has been involved in a lawsuit after their mother's death in a Greenbrier Nursing Home was deemed negligent.

A lawsuit accusing nursing home owner Michael Morton and former lobbyist Gilbert Baker of corruptly interfering in a negligence lawsuit to cause former Circuit Judge Michael Maggio to reduce a $5.2 million jury award to $1 million in 2013 has been resolved, the plaintiffs' attorney confirmed Monday.

"All I can say is the case has been resolved," Little Rock attorney Thomas Buchanan said Monday about the Faulkner County Circuit Court suit that challenged the outcome of a negligence lawsuit filed by two daughters of Martha Bull, a Perryville woman who died in Morton's Greenbrier Nursing and Rehabilitation Center in April 2008.

In July 2013, Maggio, then a Faulkner County circuit judge, lowered the jury's award in the negligence case. Attorneys for Bull's family contended in the newer lawsuit, which was resolved within the past month, that Morton and Baker conspired to bribe Maggio to lower the award substantially.

Maggio pleaded guilty in January 2015 to a bribery charge, for which he is serving a 10-year sentence in federal prison. Baker, who is also a former state senator and former chairman of the Arkansas Republican Party, is facing a jury trial starting Feb. 22 on federal charges of conspiracy, bribery and wire fraud. Morton hasn't been charged, and he and Baker deny wrongdoing.

Electronic Faulkner County Circuit Court records on Monday didn't reflect that the corruption lawsuit, filed on Nov. 14, 2018, had been officially dismissed. Buchanan refused to comment on that Monday but noted that in general, any settlement of a lawsuit involving an estate must be approved by a probate judge.

Neither John Everett of Farmington, an attorney for Morton, nor Richard Watts of Little Rock, an attorney for Baker, immediately returned a reporter's call Monday about the case.

The case was being presided over by Special Circuit Judge David Laser, who last year declined to dismiss the lawsuit, rejecting arguments from Everett and attorney Kirkman Dougherty that the plaintiffs couldn't cite "a single piece of admissible evidence that could establish that Morton ever spoke to or communicated with Maggio in any way."

Baker's attorneys said last year that he has "consistently maintained" that he never asked Maggio or Morton to do anything improper or illegal.

Two days before Maggio lowered the jury's award, Morton, a Fort Smith businessman, either wrote or had someone write 10 $3,000 checks on his behalf to 10 political action committees after Baker faxed him the PACs' names with specified amounts, according to Baker's federal indictment.

Maggio's campaign for the state Court of Appeals ultimately got several thousand dollars but not all of the PAC donations.

Morton has said he made campaign contributions to numerous candidates for the 2014 election, but never asked for anything in return from a candidate and never discussed reducing a jury award with anybody.

 

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Arkansas nursing home case said settled

Lawsuit: Nursing home allowed man to bleed to death, then employee stole his phone

Daughter says her dad “was doing really well” until alleged negligence contributed to his death. 

By Stephanie Zimmermann

Jaime Hernandez, 66, of Bolingbrook, died Oct. 25, 2018, at a Forest Park nursing home.

Provided photo

The family of a Bolingbrook man who was left alone to bleed to death in a nursing home —and then had his iPhone swiped from his room after his body was removed — is suing the facility for negligence.

Jaime Hernandez, 66, was recuperating at an Aperion Care facility in Forest Park after getting a kidney transplant at the University of Illinois-Chicago Medical Center a month earlier.

He’d waited seven years to receive a new kidney and all signs were looking good, said his daughter, Maria de Lourdes Gutierrez.

“He was doing really well,” Gutierrez said.

Gutierrez took her dad for a regular appointment with his UIC doctor on Oct. 25, 2018, then brought him back to the nursing home at 8200 Roosevelt Road, where he had been staying for 17 days.

His UIC doctor had said Hernandez’s blood pressure looked good and his new kidney was doing well, Gutierrez said. Her dad was looking forward to watching his beloved Club America Mexican soccer team on TV and eating his favorite foods when he fully recovered.

“He was so happy,” she said. 

According to the lawsuit naming Aperion, Berkshire Nursing & Rehab Center LLC and several employees as defendants, a health care staffer was supposed to check Hernandez every two hours as well as regularly check his forearm, where he had a fistula from a dialysis catheter. The lawsuit says the nursing home should have known that he was at risk for a hemorrhage in that arm.

Video of the nursing home hallway later obtained by police showed that no one entered Hernandez’s room for at least three hours before he was found in a pool of blood on the floor of his room’s bathroom, said attorney Margaret Battersby Black with the firm Levin & Perconti.

Battersby Black added that staffers allegedly lied to police about the last time they’d seen Hernandez alive. 

To make matters worse, Gutierrez said her dad’s iPhone disappeared from his room shortly after. She said her niece tracked it with the Find My iPhone app, watching in horror as it left the nursing home building and traveled down the Dan Ryan Expressway before going dark.

The lawsuit claims the phone was stolen by a nursing home worker who had an active arrest warrant in Iowa for theft, dependent adult abuse and forgery.

Jaime Hernandez dances with his wife, Maria Guadalupe Rios Valdez, in this undated photo. Hernandez bled to death in 2018 at a Forest Park nursing home.

Provided photo

Aperion Care did not respond to a request for comment Wednesday.

On its website, the company says its employees “provide a level of personal caring that goes well beyond providing post-hospital rehabilitation and long-term skilled nursing care.”

The lawsuit also contends that Aperion knew it was understaffed because the Illinois Department of Public Health had cited it for providing inadequate staffing less than a month before Hernandez arrived.

The suit was filed on behalf of Hernandez’s widow, Maria Guadalupe Rios Valdez, his daughter Gutierrez and two other daughters and two sons. It seeks monetary damages for 17 alleged specific failures of the nursing home to properly care for Hernandez.

Gutierrez said the worst part was the suddenness of her father’s death, which occurred just as the family thought he had rounded a corner in his recovery.

“It was great, the doctors were saying everything is good,” she said of the kidney transplant surgery. “You’re thinking it’s a new life for him.”

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Lawsuit: Nursing home allowed man to bleed to death, then employee stole his phone

AG: Longmeadow nursing home among 7 found in state to have deadly negligence, abuse

BOSTON (WWLP) - After a multi-year investigation, Attorney General Maura Healey found 7 nursing homes in Massachusetts that were responsible for patient negligence or death.

In a report released by the Attorney General's office Wednesday, seven Massachusetts nursing homes reached a $500,000 settlement, $85,000 of that settlement will be paid by JGS LifeCare of Longmeadow after a patient got caught in bed rails and died.

Others had similar tragic stories.

"Our mother Betty Ford Crane, affectionately called Betsy would not want anyone to die in the manner that she did," Candi Hitchcock said.

Two sisters, Sammy and Candy shared the story of their mother who did not receive the care she needed during a staffing change, which resulted in her death.

"Long-term care facilities must be accountable to the public and to the commitments made to residents and family members," AG Healey said.

With more than 76,000 baby boomers living and growing older in Massachusetts, the Attorney General's teaming up with the Department of Public Health to prevent future instances of abuse.

The nursing home settlement money will go into a fund to implement strict policy changes.

The Attorney General said that funding and staffing problems were factors of the negligence, but corners were also cut which, in many cases, resulted in death. 

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AG: Longmeadow nursing home among 7 found in state to have deadly negligence, abuse

Suit alleges nursing home's negligence caused patient's death

EDWARDSVILLE — A granddaughter is suing after her grandmother allegedly died from sepsis and infections.

Jennifer Fish, granddaughter of Maria L. Stiles, deceased, filed a complaint March 5 in Madison County Circuit Court  against Larry Parker, Petersen Health Care Inc., Robings LLC, Peterson Health Business LLC, Senior Services Plus Inc, Southwestern Illinois Visiting Nurse Association, Duane Pingsterhaus and Shannon Markus, alleging wrongful death and negligence.

According to the complaint, on March 6, 2017, Stiles died at St. Anthony's Health Center in Alton from sepsis and infections. The suit states that Stiles was not cared for appropriately by Senior Services Plus and the other defendants.

Fish seeks at least $50,000, plus punitive damages, attorney fees, court costs, expenses and all further just relief. She is represented by attorney Bryan J. Schrempf of Schrempf, Kelly & Napp LTD in Alton.

Madison County Circuit Court Case number 19-L-301

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Suit alleges nursing home's negligence caused patient's death

Nursing home negligent in death of resident who fell into hot laundry water, state rules

A Minnesota nursing home has been found negligent in the death of a resident who entered the facility's laundry room and fell into a basin of 155-degree laundry wastewater, according to a report released Wednesday.

Allenne Hookom, 90, reportedly wandered into the laundry room at Auburn Manor in Chaska, MN, on Dec. 31, 2016. Hookom eventually fell backward into a concrete basin on the floor of the room that collects hot runoff water, and was discovered by a nursing assistant who heard her calls for help.

Hookom suffered second-degree burns from the scalding water, and died the next day at a local hospital from “thermal injuries,” the report shows.

The state health department ruled that Auburn Manor was negligent in the incident, since Hookom was known to wander. The department's report also showed that facility staff had left the laundry room door open with a magnetic latch meant to “make it easier to go in and out of the laundry room.”

Mike Senden, CEO and president of Auburn's parent company Auburn Homes and Services, told The Minneapolis Star Tribune that he understands the state's report, and considers the incident “a really heartbreaking accident [that] affected our staff greatly and the family greatly.”

Following Hookom's death Auburn Manor has removed the magnetic latch from the door of the laundry room, and now requires it to be locked at all times unless a staff member has direct view of the door, the newspaper reported. A screen has also been placed on top of the wastewater basin.

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Nursing home negligent in death of resident who fell into hot laundry water, state rules

State: Nursing home’s failure to ‘provide adequate care’ led to beating death

BUFFALO, N.Y. (WIVB) — The New York State Department of Health cited Emerald South Nursing and Rehabilitation Center for failing to provide adequate care to its residents, specifically, the 84-year-old dementia patient who beat Ruth Murray to death last August.

Those are regulations are in place to keep residents, like the 82-year-old Murray safe.

Instead, the department of health says the nursing home’s negligence is the reason Murray was attacked after wandering into the man’s room on Aug. 26.

As a result of its investigation, the state leveled its stiffest fine — $10,000 — against the facility.

News 4 is not naming Murray’s attacker because he was never charged with a crime.

Mike Scinta, of the Brown Chiari law firm, represents the Murray family.

“What we see here is they failed both residents,” Scinta said. “They failed not only Ms. Murray, who suffered the fatal injuries, but they also failed the attacker because he was supposed to be watched as well every 15 minutes, which clearly did not happen.”

A News 4 investigation into Murray’s death found Emerald South repeatedly violated state and federal regulations, which led to the facility’s one-star rating.

But the vast majority of residents at the home on Delaware Avenue receive Medicaid or Medicare, and former employees say the facility has a heads-in-beds approach — keep the rooms full and the money flowing.

An investigation into the beating death of Murray by the department of health found multiple deficiencies.

“This family has been devastated by the manner in which their mother died,” Scinta said. “And to see a report like this, and to know that there’s ongoing systemic problems in the facility, it makes them very angry and very frustrated with the fact that this facility can do this time and time again.”

The department of health found Emerald South did not ensure each resident received adequate supervision to prevent accidents. As one example, they failed to check on Murray’s attacker every 15 minutes, which was part of his care plan.

The department’s investigation found the CNA (Certified Nurse Assistant) who was assigned to Murray’s attacker on the day of the beating was out of the building running an errand for her team leader, and the next time she laid eyes on the man was after the incident.

“The facility chooses to under staff itself,” Scinta said. “They don’t have enough hands on deck to take care of the residents, and in turn what happens is things get missed or ignored, and simply not done. And people aren’t protected. Because of their failures, Ms. Murray is now dead.”

When it came to reporting the fatal beating to authorities, Emerald South failed three as well, the state report showed.

The department of health wasn’t notified about the incident until Aug. 28th, two days after it happened — when the report said they should have been notified within 24 hours.

Buffalo attorney Richard Sullivan represents Emerald South, but has not returned repeated calls for comment about the state’s investigation or the impending lawsuit by attorneys representing Murray’s family.

Willie Faulkner lived across the street from the 84-year-old man.

Faulkner cared for his neighbor, and was ultimately one of the reasons why he was sent to Emerald South after he could no longer care for himself.

“That’s not the type of facility that I would go to if I had to go to one,” said Faulkner, who visited his neighbor and other residents at Emerald South.

It’s a place Faulkner says he remembered all too well for all the wrong reasons.

“The day that I went in, he was in the room with nothing,” Faulkner said of his visit with his neighbor. “He didn’t have anything. There was nothing on the bed. He may have had a pillow behind him, but it didn’t have a pillow case on it. It didn’t have no sheets on the bed, no nothing on the bed. No dresser.

“There was nothing. Bare walls and a bed. And his robe from the hospital,” he added.

There were other deficiencies about the facility’s care of Murray and her attacker, some of which were not connected with the violent incident.

The state found Emerald South had no documented evidence of an admission agreement for Murray’s attacker, which is a state requirement.

The department’s investigation led them to the nursing home’s business office, where a female employee told the investigator Murray’s attacker’s agreement “fell to the wayside,” and that she was “very busy because she was working for both buildings.”

“We know that this is pervasive throughout the facility because of their failure to staff the facility and their failure to follow the care plans, other residents are affected, and other residents in that building are at risk,” Scinta said.

“They want heads in beds, and they want to keep their facilities full, and that’s the way they operate their business,” he said. “But in doing that, in exchange of that, they have to have enough people there to properly care for these individuals.”

Full Article & Source:
State: Nursing home’s failure to ‘provide adequate care’ led to beating death

Nursing home fined $10,000 in beating death of woman

The Delaware Avenue nursing home where an 82-year-old woman suffered fatal injuries in a beating last year has been fined $10,000 by the New York State Health Department.

Ruth Murray was a resident of Emerald South Nursing and Rehabilitation Center, 1175 Delaware Ave. near West Ferry Street, in Buffalo. On the morning of Aug. 26, she mistakenly wandered into a man’s room in the dementia unit, where she also lived, and the attack occurred.

Inspectors said she wandered unsupervised into the room, and the man reacted violently believing a man was breaking into his house. Murray suffered a broken neck, several broken ribs, a broken nose, facial fractures and a collapsed lung in the attack. She died three days later in Erie County Medical Center.

An inspection based on a complaint cited Emerald South for not ensuring that each resident receives adequate supervision to prevent accidents. That was one of four deficiencies that led to the fine.

The state also said there was no documented evidence that an admission agreement was signed by the male resident or a responsible party, and the nursing home should have notified authorities within 24 hours of the incident and did not. The review also cited the facility for not notifying the family or legal representative of the male resident in a timely manner of his transfer out of the nursing home for evaluation at ECMC's Comprehensive Psychiatric Emergency Program.

Emerald South submitted a plan of correction acceptable to the state to address the shortcomings.

"The Department required the facility to submit a revised plan of correction for review and approval. Based the seriousness of this matter, the department fined Emerald South $10,000 and conducted a post-survey visit at Emerald South Nursing and Rehabilitation to make sure all of the corrections were made," according to a statement from the Health Department.

The fine is the maximum that can be assessed for a violation that directly results in serious patient harm.

Prosecutors decided not to charge the 84-year-old man. An official in the Erie County district attorney's office told The Buffalo News in October that it was determined that the assailant lacked the mental capacity both to participate in a trial and to form criminal intent in the incident.

Richard Sullivan, an attorney with the Harris Beach law firm who has represented Emerald South, did not return a phone message seeking comment Tuesday.

Full Article & Source:
Nursing home fined $10,000 in beating death of woman

Finra panel orders Morgan Stanley to pay $34 million to estate of former Home Shopping Network chief

Arbitration panel cited the firm for churning Roy M. Speer's account and for violating a Florida law against exploitation of vulnerable adults

A Finra arbitration panel awarded more than $34 million to the estate of Roy M. Speer, the co-founder of the Home Shopping Network, in its claim against Morgan Stanley for churning Mr. Speer's account.

The all-public arbitration panel ruled that Morgan Stanley, broker Ami Forte and branch manager Terry McCoy were jointly liable for unauthorized trading, breach of fiduciary duty/constructive fraud, negligence, negligent supervision and unjust enrichment.

The arbitrators also found that Morgan Stanley violated a Florida law against exploitation of vulnerable adults. It awarded $32.8 million in compensatory damages to Lynnda Speer, Mr. Speer's widow and representative of the estate, as well as $1.5 million to reimburse costs incurred during the arbitration process, which spanned 13 months and involved 142 hearing sessions.

The chair of the arbitration panel signed the decision on March 18. It was posted on March 21.

Ms. Speer will next seek to recover potentially millions in attorneys fees in Florida court, according to her attorney, Scott Ilgenfritz, a partner at Johnson Pope Bokor Ruppel & Burns.

The award covered a period from January 2009 to June 2012 and involved investments in the banking and financial services sectors.

Mr. Ilgenfritz said there were about 12,000 transactions in six of Mr. Speer's accounts, 85% of which centered on corporate and municipal bond trading.

“The unauthorized trading was rampant,” Mr. Ilgenfritz said in an interview. “They were trading individual bonds like pork bellies.”

Mr. Speer, who died in August 2012, suffered from dementia, according to Mr. Ilgenfritz. He asserts that Mr. Speer was exploited by Ms. Forte, who was alleged to be in a relationship with Mr. Speer in addition to serving as his broker.

Mr. Speer's estate sought $118.7 million in compensatory damages and $366 million in punitive damages. The arbitration panel denied the punitive damages as well as requests for expungement by Ms. Forte and Mr. McCoy.

A Morgan Stanley spokeswoman said the award was not justified.

“Although disappointing, it is a small fraction of the more than $476 million sought by claimants,” Morgan Stanley spokeswoman Christine Jockle said in a statement. “Even so, the award is inconsistent with substantial evidence showing that the accounts were profitable for the client and managed in accordance with his wishes.”

Attorneys representing Ms. Forte and Mr. McCoy were not immediately available for comment.

Mr. Speer's widow hopes the case will lead to greater protections for elderly investors.

“One of her goals in this whole process was to bring to light the financial abuse and elder abuse of her late husband and to prevent other brokers and investment advisers from taking advantage of their elderly clients,” Mr. Ilgenfritz said.

Full Article & Source:
Finra panel orders Morgan Stanley to pay $34 million to estate of former Home Shopping Network chief

State fines Fremont nursing home for negligence resulting in resident’s death

 

FREMONT (BCN) — The California Department of Public Health (CDPH) announced Tuesday that it has issued a fine and citation to a Fremont nursing home for negligent care resulting in the death of one of its residents.

Crestwood Manor, a skilled nursing facility that is part of Crestwood Behavioral Health, Inc., has received a fine of $100,000 and a Class “AA” Citation from the State of California, which is the most severe penalty under state law, according to California Department of Public Health officials.

In July of last year, an unidentified resident choked on a piece of meat during a lapse in monitoring and suffered cardiac arrest. This incident, according to CDPH, was the result of several factors ultimately determined to be a direct proximate cause of the resident’s death.

Emergency medical technicians responded to the scene, removing the piece of meat blocking her airway, according to the responders. They took the resident to the emergency room at a local hospital where she had a seizure, according to hospital officials.

The resident was then transferred to the intensive care unit, where she died on Aug. 1, 2014 due to lack of oxygen to the brain, hospital officials said.

A CDPH investigation conducted following the incident alleged that “the facility failed to provide a safe dining experience and failed to implement their care plan to consistently assist and assure that safe eating occurred for Resident X”, according to the CDPH.

According to the CDPH, the investigation also revealed that the resident had a history of delusional thoughts, difficulty swallowing, and was known to eat quickly and not chew adequately.

According to CDPH officials, the citation class and amount of the fine depend on the significance and severity of the substantiated violation, as prescribed and defined in California law.

By providing nursing facilities it licenses with consequences for substantiated violations, the California Department of Public Health strives to protect the health and safety of vulnerable individuals, CDPH officials said in a statement.

Full Article & Source:
State fines Fremont nursing home for negligence resulting in resident’s death

Metro Could Be on Hook for Money Stolen from Estate

By Walter F. Roche, Jr.

The attorney for an estate bilked out of $771,009 is asking a judge to rule that Metro government should be held liable for those losses because the probate court clerk's office failed to perform its statutorily mandated duty to monitor the case.

The argument filed this week in a 17-page document filed in circuit court concludes that the Probate Clerk's office headed by Robert Bradshaw negligently failed to require the now jailed administrator of the estate to file annual reports for a full decade.

The suit against Metro government follows the guilty plea by attorney John E. Clemmons to charges that he stole over $1 million from estates and conservatorships he had been assigned to manage. The pleas included the estate of William C. Link, the subject of this week's filings.

Metro attorneys already have filed motions to dismiss the case citing governmental immunity and quasi-judicial immunity.

Patrick B. Mason, who was hired to represent the estate in the civil suit, argued that neither governmental immunity or quasi-judicial immunity should apply in the case because the probate clerk's duties are set out by specific statutes and the duties were put in place to protect a specific individual and not the general public.

Clemmons, who is serving a 16 year jail sentence imposed after his guilty pleas, was appointed administrator of the Link estate in 2003. While he filed an annual accounting in 2004, he never filed another before his removal from the case in 2013.

In a nearly identical brief filed this week, Mason argued that Metro also should also be held liable in another case handled by Clemmons, the conservatorship of Donald E. Griggs.

In his briefs Mason charged that Bradshaw's office "negligently failed to ensure that proper accountings were filed."

In the Griggs case, according to the brief, three years had passed without a proper accounting at the time Clemmons was removed from his role as conservator. Grigg's lost $172,506 while Clemmons served as his conservator, according to court records.

Mason noted that the clerk's office knew the Link and Griggs estates had substantial assets and they also knew "the substantial and unjustifiable risk of their misconduct."

He also cited Davidson County rules of procedure and several prior court cases to bolster the argument.

In fact, the brief argues, the clerk's office owed a special duty of care to the Link estate and its beneficiaries.

"For a period of 10 years the probate clerk's office failed to follow their duty to ensure proper accounting, failed to monitor estate administration, failed to cite Mr. Clemmons for his failure and failed to obtain a contempt order," the filing states.

The inaction, Mason concluded, amount to "reckless conduct."

The cases were originally assigned to Judge Thomas Brothers but he recused himself from the case and it has been reassigned to Senior Judge Ben H. Cantrell.

Clemmons was removed from his role in four cases in Rutherford and Davidson counties shortly after his license to practice law was suspended in April 2013. He was later disbarred.

Full Article & Source:
Metro Could Be on Hook for Money Stolen from Estate

See Also:
Metro Pulled in to Another Conservatorship Case

Nashville lawyer admits to stealing $1.3 million, gets 18 years in prison