Plaintiff accuses skilled nursing facility operator of elder abuse

By Northern California Record

A recent court filing reveals a harrowing account of alleged elder abuse and negligence at a Sacramento-based skilled nursing facility. On June 26, 2024, attorney Michael J. Farley filed a complaint in the Superior Court of California for the County of Sacramento against S.H.C.C. Inc., doing business as Sherwood Healthcare Center, and Maltique LLC.

The plaintiff, John Darden, alleges that after undergoing hip replacement surgery on June 29, 2022, he was transferred to Sherwood Healthcare Center for post-operative care. During his stay from July 4 to July 11, 2022, Darden claims he suffered severe mistreatment and neglect. According to the complaint, a certified nursing assistant at Sherwood recklessly mishandled Darden's leg during a routine repositioning exercise, causing a periprosthetic fracture in his newly replaced hip. "The Plaintiff heard the sound of a snap or crack and immediately cried out in pain," states the document.

Darden further alleges that despite his continuous complaints of pain following this incident, the staff at Sherwood failed to properly assess or treat his condition. Instead, they allegedly continued to administer Tylenol and prescription pain medications without investigating the cause of his discomfort. It wasn't until July 11 that medical personnel removed his PICO dressing and noted significant issues with his surgical site. He was then readmitted to Sutter Memorial Hospital where a CT scan confirmed the fracture.

The lawsuit accuses Sherwood Healthcare Center and Maltique LLC of elder abuse under Welfare & Institutions Code §15600 et seq., negligent hiring, training & supervision, and violation of patient rights under Health & Safety Code §1430(b). The plaintiff argues that these actions constitute "reckless neglect" and claims that Sherwood's management prioritized profit over patient care by employing insufficiently trained staff.

Darden is seeking compensatory damages for medical expenses exceeding $1 million, punitive damages for alleged reckless conduct by the defendants, attorneys' fees under Welfare & Institutions Code §15657(a), and statutory penalties for each violation of patient rights as stipulated by Health & Safety Code §1430(b).

Representing John Darden is attorney Michael J. Farley from Sacramento. The case has been assigned Case No. Ace WOTSsone in front of Judge [Name]. The defendants are yet to respond formally to these allegations.

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Plaintiff accuses skilled nursing facility operator of elder abuse

Tom Girardi’s Bankruptcy Trustee Set to Collect $40 Million for Victims and Creditors as RHOBH Attorney Receives 24/7 Care at “Skilled Nursing Facility”

by Lindsay Cronin

 

Thomas Girardi‘s fraud victims might be receiving payments sooner, rather than later.

Nearly one year after the former Real Housewives of Beverly Hills attorney was forced into an involuntary bankruptcy by his creditors, who he owed tens of millions, the trustee presiding over the case has collected over $4 million and reportedly has tens of millions more on the way as prepares to repay those owed.

According to court documents obtained by Radar Online on September 30, the business affairs of Thomas, the estranged husband of Erika Jayne, were in “dire straits” when the trustee took over the estate. But now, as the trustee explained in his update on the case, he’s reached deals with Girardi’s secured creditors and has gathered $4.2 million in cash.

While the trustee is certainly off to a good start, he has struggled at times to work through the system at Thomas’ defunct firm and has had to pay former employees to help him. Following a previous request of the court, the trustee was granted the ability to spend between $166,000 and $276,000. Months later, he needs more.

“The trustee continues to diligently work to identify assets of the debtor, and this process is ongoing. Without continuing access to funds, the Trustee is unable to fund a proper investigation of the Debtor’s affairs and to preserve and maximize the value of the Estate,” the trustee’s court documents explained.

In the months since Thomas was forced into bankruptcy, most cases he was handling were either dropped by the client or transferred to another firm. And, when it comes to the cases transferred, a number are still pending and expected to bring the estate more cash in the near future.

One particular lawsuit, filed against SoCalGas over a gal leak, recently reached a $1.8 billion settlement, which is expected to bring in tens of millions as Thomas represented 23% of the plaintiffs.

The settlement will “eventually result in a significant recovery for the Estate,” the trustee shared.

Attorney Ronald Richards also shared this positive update on the case, confirming that the trustee has secured over $40 million for Tom’s victims and creditors, outside of the $25 million they are currently trying to recover from Erika Jayne.

The Trustee has been able to disburse funds to the Debtor's clients. As of April 2021, the Trustee had already disbursed or caused to be disbursed more than $26 million to clients. This means that clients (victims) got this $. This has nothing to do with the case against EG.🙏 https://t.co/s3qDK1zmSo

— Ronald Richards (@RonaldRichards) October 1, 2021

In other Thomas Girardi news, the former attorney‘s brother, Robert Girardi, who is acting as his permanent conservator, recently filed documents with the court in which he confirmed Thomas has been living in a “skilled nursing facility” for two months and receiving 24-hour care.

“[Thomas] cannot stay in his home due to his finances, and care needs,” the documents explained, via PEOPLE. “Tom is the subject of an involuntary bankruptcy proceeding and a marriage dissolution proceeding. As a result, his home was put up for sale. Furthermore, Tom’s care needs are such that he needs to be at a skilled nursing facility.”

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Tom Girardi’s Bankruptcy Trustee Set to Collect $40 Million for Victims and Creditors as RHOBH Attorney Receives 24/7 Care at “Skilled Nursing Facility” 

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This nursing home is at the center of Washington's coronavirus. Here's what one first responder saw there

By Jake Tapper

(CNN)When first responders reported last week to a hard-hit nursing home in Washington state, the epicenter of the nation's coronavirus outbreak, they found an understaffed facility with inadequate gear attempting to serve dozens of patients vulnerable to catching the virus.

Just three staff members reported to Life Care Center in Kirkland, Washington, between Tuesday night and Wednesday morning to serve about 90 residents, a first responder familiar with the situation told CNN. Still, neither the King County Health Department nor the Centers for Disease Control and Prevention sent personnel Thursday to provide assistance -- though they have since. 

 

First responders were concerned that staff members were not wearing appropriate personal protective equipment to handle the high number of patients with probable coronavirus. They also arrived to the facility to find employees using positive pressure bag valve masks to ventilate potential coronavirus patients -- even though firefighters have been told not to use such masks, as they can disperse more particulate into the air, the responder said.

 

The children and other relatives of patients in the facility have been attempting to sound the alarm about conditions in the facility for weeks. 

 

A spokeswoman for the city of Kirkland told CNN that "our firefighters are taking direction from King County Emergency Medical Services regarding the personal protective equipment. At this time we have been told to continue providing respiratory support including positive pressure bag valve masks."

 

CNN has reached out to the county medical services officials, Public Health Seattle-King County, the Washington state Department of Health and the CDC for reaction.

 

Life Care spokesman Timothy Killian told CNN Monday that the first responder "did not see the full extent of what was happening within the facility in the middle of the night." 

 

"A large number of our employees would have been in rooms treating and taking care of patients and they wouldn't have been immediately visible to anybody who walks in," Killian said.

 

A spokesperson for the Life Care Center said during a news conference Saturday that the CDC has now provided it with extra nurses, practitioners and doctors. 

 

State governments are working to contain the spread of the novel coronavirus in the US, as federal officials say more testing for the illness will likely see the number of known cases increase. As of Saturday night, there were at least 19 deaths in the United States -- at least 14 of them tied to the Life Care Center in Kirkland alone, according to a Seattle and King County Public Health news release.

 

Two new coronavirus deaths out of 16 total recorded in the state are linked to the facility, according to the release. A man in his 70s, who was a resident at the care home, died on March 2, while a woman in her 80s, who was also a Life Care resident, died on March 5, officials said.

 

While staff are caring for patients to the best of their ability, "we cannot make any promise that exposure, further exposure, within the facility is not happening," said Tim Killian, a spokesman for Life Care Center of Kirkland.

 

Some Life Care Center residents have gone from no symptoms to acute symptoms within an hour, Killian said.

 

"We've had patients die relatively quickly under those circumstances," he said. 

 

Killian told reporters during a Saturday briefing that 70 employees are showing coronavirus symptoms. Those employees have been asked not to return to work.

 

As of February 19, the facility employed 180 staff members and housed 120 residents. Fifty-four residents have since been transferred to various hospitals, Killian said, and all residents at the facility are confined to their rooms.

 

On Thursday, the facility received 45 coronavirus tests, the results of which are still pending, he said.

 

Life Care Center of Kirkland said in a statement later Saturday that they had received additional testing kits from the Washington State Department of Health and are now able to test all remaining residents in their facility. The tests are currently being administered, according to the facility's statement.

 

While the Trump administration -- through a response effort led by Vice President Mike Pence and a White House task force -- has sought to assure the American public, officials have still not explained why the federal government has been so slow to distribute testing kits in bulk and has dragged its feet on removing restrictions for who can conduct diagnosis. 

 

Health officials briefing the media at the White House Saturday afternoon could not say exactly how many people had been tested related to using the 5,861 tests conducted by the CDC and public health labs across the country. Various factors impact the number of people who can be tested, including the fact that most people receive at least two tests -- swabs for the nose and the throat.

 

FDA Commissioner Dr. Stephen Hahn said Saturday that 1,583 patients have been tested by the CDC but that the government doesn't know how many patients received tests from the 2,361 specimens collected by state and local labs.

 

Each day the number of tests is rising, and the numbers are soon expected to dramatically jump, he said. 

 

Federal officials say 2.1 million tests will be shipped out by Monday, with a further goal of 4 million tests to be shipped by the end of next week.

 

CNN's Steve Almasy, Melissa Alonso, Dakin Andone, Greg Clary, Cat Gloria, Kay Jones, Christina Maxouris and Hollie Silverman contributed to this story.

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This nursing home is at the center of Washington's coronavirus. Here's what one first responder saw there

Bellflower nursing facility fined $100K by state health department

LOS ANGELES (KABC) -- A skilled nursing facility in Bellflower was fined $100,000 Tuesday by the California Department of Public Health because the facility failed to provide proper care to a patient, which led to his death in December.

Woodruff Convalescent Center received the severe penalty because the department said it found deficiencies and that it failed to adhere to state and federal laws and regulations that nursing homes must follow.

On Jan. 4, the center received an unannounced visit from the department over complaints from a resident who fell several times, according to a department report.

The resident, an 82-year-old blind man with dementia who was taking blood thinner medication, lived at the facility for nine weeks.

According to the department report, the resident fell five times within the nine weeks he was there. One of those falls resulted in him suffering a head injury.

The facility said restlessness and anxiousness were contributing factors in the falls, according to the report. In an effort to keep the man from falling, he was given a non-self-release seatbelt while he was in his wheelchair instead of a self-release belt as ordered by his doctor.

The report said the man became agitated by the restraint and nothing was done to evaluate and revise his care.

In early November, the man fell for the fifth time and suffered a cut to his forehead. A licensed nurse could not stop the bleeding and called 911. He was taken to a hospital and had to undergo surgery to stop a hemorrhage on the surface of his brain, according to the report.

The man was also placed on a feeding tube. He was taken to another nursing facility for hospice care in late November and died on Dec. 4.

The department said the facility failed to provide the necessary care and attention the resident needed, It said he was not properly supervised, did not receive neurological checks after each fall, did not receive any assessments when he received his safety belt, staff failed to monitor his behavior and safety with the restraint and failed to assess his care plan after each fall, among other violations.

Woodruff Convalescent Center responded to the report and said it would take steps to fix the issues. The full report, along with the center's response and plan of action, can be viewed by clicking here and reading the March 30, 2017, assessment.

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Bellflower nursing facility fined $100K by state health department

More than one-fourth of SNF residents colonized with drug-resistant bacteria, analysis shows

More than 25% of skilled nursing facility residents have multidrug-resistant bacteria lurking within them, including E. coli, a new research review has found.

Researchers with the Columbia University School of Nursing analyzed 12 studies and found the 2,720 nursing home residents whose data was included in the review had drug-resistant bacteria prevalence rates ranging from 11.2% to 59.1%. The study found a 27% average colonization rate, with E. coli accounting for the largest proportion of colonizations.

The review's results, published in the May issue of the American Journal of Infection Control, also identified factors such as advanced age, gender, comorbidities, increased interaction with healthcare workers and delayed initiation of antibiotics to raise residents' colonization risk.

“This study underscores the importance of having strong infection prevention programs in all nursing homes and long-term care facilities,” said Linda Greene, RN, MPS, CIC, FAPIC, president of the Association for Professionals in Infection Control and Epidemiology. “Understanding the dynamics and cause of MDR-GNB transmission is crucial to identifying effective infection control strategies specific to these settings.”

The research teams encouraged providers to identify which residents are most at risk for multidrug-resistant gram-negative bacteria, and allow infection preventionists to tailor efforts specifically for those residents.

“The results of our study suggest that there is much more to be done with regard to infection prevention within nursing homes, and that increased measures must be taken with elderly patients in regard to MDR-GNB colonization,” the researchers wrote.

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More than one-fourth of SNF residents colonized with drug-resistant bacteria, analysis shows

Carbon monoxide incident hits Wayne care center

WAYNE — A few patients of CareOne at Wayne complained of headaches that may have been related to elevated carbon monoxide readings Monday afternoon at the care center on Black Oak Ridge Road, police said.

Wayne police Capt. Laurence W. Martin said the patients were treated at the scene and refused to be taken to the hospital.

The carbon monoxide problem was quickly resolved without the need for evacuations, but the township stood ready with its evacuation bus, Wayne First Aid Squad and Fire Department, said Martin.

The carbon monoxide alarm first went off at 3 p.m., Martin said, at which time the Fire Department responded and registered elevated readings in the basement. Some patients were moved and the problem area was isolated. Ventilating the basement helped to restore safe levels, and “we had it all wrapped up by 4:30 p.m.,” he said.

According to the captain, a fire inspection revealed that the carbon monoxide may have come from a truck running next to the facility.

An administrator for CareOne at Wayne, a skilled sub-acute rehabilitation and long-term care center, could not be reached for comment.

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Carbon monoxide incident hits Wayne care center

SNF fined $100,000 after residents overdose on heroin

An Illinois skilled nursing facility is facing more than $100,000 in state and federal penalties after five of its residents overdosed on heroin in February, according to local reports.

The five residents of Continental Nursing & Rehabilitation in Chicago were hospitalized and recovered following the overdoses, the Chicago Tribune reported on Monday. Two residents then allegedly used heroin within hours of returning to the facility, with one overdosing again.

A sixth overdose that reportedly occurred at the facility in September 2015 is also under investigation by the Illinois Department of Public Health.

The Centers for Medicare & Medicaid Services imposed a $76,000 civil monetary penalty on Continental for the February overdose incidents. Continental, which cares for a mix of older adults and younger residents with mental illness, said in a plan of corrections accepted by CMS in April that it has “ceased admitting any residents with active substance abuse.”

Continental is also fighting a $25,000 fine from the Department of Public Health that claims facility officials failed to monitor and treat residents with drug addictions. Police were also reportedly called to the facility in October 2015 after residents told staff about incidents of drug abuse. Workers searched the facility and found items used to cook and inject drugs, which were turned over to the police.

The facility has also had 60 police reports of alleged batteries filed between 2011 and 2015, and is currently the focus of a lawsuit filed by the family of a resident who broke his hips after falling from a 4th-floor window he was trying to rappel out of using bed sheets, according to the Tribune report.

"If you look at our company historically, we generally give good care," Continental co-owner Moishe Gubin told the Tribune. Gubin said he was not aware of the heroin overdoses or any other issues at the facility.

If the reported overdose incidents did occur, “it goes against what our mission has been," Gubin said.

The facility's administrator, Jonathan Dixon, echoed Gubin's sentiments in an email to the newspaper, saying, “We consistently strive to provide the highest quality of care, in a safe environment."

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SNF fined $100,000 after residents overdose on heroin