Friday, June 5, 2015

Suit: Tybee Island nursing home resident raped by fellow resident


A guardian for a former Tybee Island nursing home resident has sued the home’s owners for damages stemming from an alleged rape of her incapacitated relative by a fellow patient at the residence.

The suit named owners and operators of the Oceanside Nursing and Rehabilitation Center on Tybee for damages in the Feb. 2 rape in the victim’s room at the facility.

Named defendants were New Beginnings Care, Oceanside Healthcare and Rehab and Savannah Beach Healthcare and Rehab.

The suit, filed last week in Chatham County State Court by Savannah attorney Brian Krapf, contends the woman was “physically and mentally disabled, and dependent upon the nursing home staff.”

“The rapist entered (the victim’s) room without being noticed, stopped, questioned or deterred by the Oceanfront nursing staff,” the suit said. “Lying in her bed… (the victim) was helpless and without the physical or mental abilities to defend herself or stop the rape.”

The Savannah Morning News/savannahnow.com does not identify victims of sexual assault or abuse.

An official at Oceanside declined comment Thursday on the suit.

The suit also contended that nursing home officials knew or should have known that the alleged rapist “was mentally unstable, had a past criminal history of rimes of moral turpitude and could be physically and sexually aggressive toward female residents and staff members,” the suit alleged.

It contends the rape “was preventable and would not have occurred if defendants exercised reasonable care to keep her safe from harm,” adding the defendants failed to monitor the alleged rapist’s “behavior of his whereabouts within the Oceanside facility.”

Full Article & Source:
Suit: Tybee Island nursing home resident raped by fellow resident

Former Glynn County Judge indicted


Former Brunswick Judicial Circuit Chief Judge Amanda Williams was indicted Wednesday by a Fulton County grand jury on one count of making false statements and one count of violating her oath of office, The News has learned.

Williams resigned from the bench in January 2012 amid allegations of ethics violations in a 2011 state Judicial Qualifications Commission report.

Following the allegations and Williams' resignation, Attorney General Sam Olens appointed Fulton County District Attorney's office to investigate Williams for potential criminal charges.

Full Article & Source: 
Former Glynn County Judge indicted

Under-fire Banstead care home left injured 101-year-old to wait for two days to see doctor


Jessie Keys, pictured left last March, and right last week in Epsom Hospital
A 101-year-old woman who suffered a serious head wound after falling out of bed at a failing nursing home was not taken to hospital, or seen by a doctor, for two days.

Jessie Keys, from Carshalton, who has been a resident at Firtree House Nursing Home, in Banstead, for three-and-a-half years, is in Epsom Hospital while a safeguarding investigation is conducted by social services and the Care Quality Commission (CQC) into why it took so long for her to be admitted.

In an inspection in November, the health and social care watchdog the CQC rated the home "inadequate overall", although the owner insists improvements had been made.

From March: Owner of Banstead care home rated "inadequate" confident it will not be closed down
 
Her great niece Kim Clements, 47, also from Carshalton, said Miss Keys was found by Firtree’s staff on the morning of May 18, after falling out of her bed.

She said: "She fell out of bed on Monday.

"They phoned my mother to say she had a scratch on her head but not to worry as she was fine.

"She had a big gash in her head. It was absolutely awful.

"Firtree phoned for an ambulance on Wednesday.

"Her head must have been pouring with blood every day."

Miss Clements said, days earlier, she had been shocked to discover that Miss Keys did not have a pressure mat placed next to her bed, just a "normal rubber mat" drenched in urine.

A pressure mat would alert staff if Miss Keys tried to get out of bed unaided, but Miss Clements was told it was "broken" and would be replaced.

Miss Clements said Firtree’s matron - who was not working at the time of the incident - told her Miss Keys was found on the floor at 6.15am, having been helped to go to the toilet at 6am.

She said: "The matron said they phoned an out-of-hours doctor who said she would not be coming out, but could visit on Wednesday.

"I thought they would have phoned an ambulance straightaway.

"On Wednesday morning the doctor came and said Jessie needed to go to hospital.

"The matron said they should have got help earlier, that it was left too long.

"She said the nurse [involved] had been severely reprimanded."

Miss Clements said her great aunt has experienced no other major problems during her time at Firtree and the home has "always kept her safe", but added: "It’s just lately. The staffing is terrible.

"We are worried about her going back."


When Salim Jiwa, the owner of Firtree, was contacted for an explanation he insisted the newspaper should call the nursing home and speak to the matron, who he named only as Denise.

When questioned, he would not say whether, 10 days after the incident, he had personal knowledge of what had happened, given that he is the owner of the nursing home.

He later phoned back to say: "An investigation is ongoing and there is no other comment at the moment."

The care home's website lists Maria Varnava as manager and head nurse, and Mary Jones as deputy manager and staff nurse. There is no mention of anybody called Denise.

In October, Firtree was placed under police investigation after another Firtree resident, Frank West, 86, was admitted to Epsom Hospital, having fallen out of bed and sustaining a head injury.

He died in hospital 11 days later.

From October: Under-fire care home in Banstead being investigated by police after death of resident
 
Although Mr West died of natural causes, he had pneumonia when admitted and police told his daughter, Trudy Hampton, that there was a high level of opiates in his blood - of which there was no record at the home.

Speaking to this newspaper this week, Ms Hampton, said the police investigation into the matter had concluded but they "didn’t say there was any criminal activity or not" because police had needed a blood sample from Mr West, whose care at Firtree was funded by Surrey County Council (SCC).

Ms Hampton added: "The CQC didn’t give me their report [into the matter] as they said it’s not their policy.

"Social services didn’t share anything either due to data protection.

"There are still big questions over this.

"I think there’s a bit of a cover-up from the CQC point of view."

She added: "Firtree has had all these chances for a number of years to correct the inefficiencies and it has not corrected them.

"I wouldn’t put anyone there."

Of the 23 residents at the home, 13 are funded by SCC and four by Sutton Council.

An SCC spokesman pointed this newspaper to Sutton Council, but said: "We have asked the home to complete an internal investigation in the next 28 days just to make sure nothing happens again."

A Sutton Council spokesman said SCC was the relevant authority: "Safeguarding investigations are led by the local authority where the incident occurs, which in this case is SCC.

"SCC’s investigation into the care of Mrs Keys is ongoing and we are awaiting the outcome of its investigation."

He added: "Sutton Council and SCC have been working together with Firtree since its CQC inspection in November 2014 to raise the standard of care there."

A follow-up inspection to the one in November was conducted in March this year, but the findings have not yet been published by the CQC.

From October: 'Care Quality Commission complicit in wrongdoing of nursing homes', says angry relative
 
Asked about the incident involving Miss Keys, a CQC spokesman said: "We are aware of it.

"There is ongoing safeguarding work going on between ourselves, the local authorities and stakeholders and we cannot comment at this time."

He said the most recent inspection report for Firtree had been sent to Mr Jiwa and there is "no reason why it shouldn’t be published this month".

Sutton Guardian:

"THERE HAVE BEEN NOTABLE IMPROVEMENTS"
 
Tom Hurst, 61, from Epsom, is a relative of a resident who has been at Firtree for four years.

He said the nursing home has made significant process recently and criticised the our recent coverage of the problems there as "unnecessarily sensationalist".

"I would say there have been notable improvements," Mr Hurst said.

"The new matron, Denise, has been there three months now. She is very much on top of things.

"There have been several monthly residents’ meetings. At the last one there was not one single complaint.

"They have done a pretty good job over the four years. Overall, the family’s happy."

He said Firtree is not the only care home in the area not providing a link to it most recently published report on its website and that "Firtree didn’t deserve to be singled out" by the newspaper for this.

Last month: Care home slammed by watchdog still not showing damning inspection report on its website
 
Mr Hurst said his main frustration is the delay in the CQC inspecting homes and then publishing its reports.

He said: "I am dumbfounded that the CQC inspected Firtree in March of this year and here we are in June and there is no sign of the report."

Full Article & Source:
Under-fire Banstead care home left injured 101-year-old to wait for two days to see doctor

Thursday, June 4, 2015

Texas minister who put Bibles on the moon being held ‘incommunicado’

Some wealthy American seniors have discovered the dark side of getting a court-appointed guardian: losing basic rights


Jack Halpren: Long Term Care and the Nursing Home Industry

Jack Halpern is the CEO of the New York City-based "My Elder Advocate, LLC". The organization provides advocacy services and helps seniors with issues such as eviction prevention, nursing home or assisted living placement and long term care planning.

In March, Mr. Halpern was showcased in the episode "Home Health Aides from Hell", which will be the focus of discussion for members of the New York State Standing Committee on Aging during its next legislative session, as confirmed by Senator Joseph Addabbo, Jr., who serves on the committee.

Mr. Halpern recently asked The G-Man Interviews to meet with him to discuss what he described as a dangerous trend – in New York nursing homes and those in other states – that will lead to the evictions or deaths of Alzheimer’s and dementia residents who need and rely on long term care.

The interview was conducted on May 22nd at My Elder Advocate’s Brooklyn office.

Source:
YouTube:  Longterm Care and the Nursing Home Industry

"Westland Cops Break Court Order"

This is Westland Police & an assistant to a court guardian, breaking the law! A judge ordered that my mother Gayle Robinson was NOT to be removed from her home without a court order signed by him! They had none!

Source:
YouTube:  Westland Cops Break Court Order

Wednesday, June 3, 2015

Utah bill would protect the right to visit ailing parents


A Utah senator is working on a bill that would protect the right of adult children to visit ailing parents.

Woods Cross Republican Sen. Todd Weiler said the daughter of the late actor Peter Falk asked if he would sponsor visitation legislations as part of her push for similar laws around the country.

Falk was put in a conservatorship in 2009 so his daughter could visit the ailing "Columbo" star, who had advanced dementia. Falk died in 2011.

In a statement, Catherine Falk said that when she was in court fighting to visit her father, she decided to advocate for laws securing the right to visit ailing parents so others didn't have to go through a similar situation.

Falk points to disputes such as the recent case pitting the children of B.B. King against his longtime manager. Before King's death May 14 in Las Vegas, one of his 11 surviving children sought to wrest control of his affairs from his longtime business manager who had power-of-attorney.

Several daughters alleged that they were being kept from seeing the blues legend while he was in home hospice care.

A judge dismissed the dispute, and King's manager said the children were free to schedule visits.

Two of his children now want to block the business manager from becoming executor of King's estate. They say they believe King was poisoned. A lawyer for the estate calls the claims ridiculous, and says three doctors examined King before he died.

While high-profile cases have highlighted the issue of visitation, Weiler said he doesn't know specifically of similar battles in Utah.

Lawmakers in New York are also considering a proposal on visitation rights for adult children, according to a statement from the Catherine Falk Organization.

Weiler said it's important to give people a chance to visit family members before they die.

"I think most people want to make peace and express their love and sadness and maybe try to clear up any misunderstanding before someone passes away," Weiler said.

The specifics of his Utah proposal aren't ready, but he said he'd like to see if there's a way it can allow people to secure visits without going to court.

He hopes to have state lawmakers consider the proposal during their 2016 session.

Full Article & Source:
Utah bill would protect the right to visit ailing parents

From NASGA's Victims Page: Yolanda "Linda" Hutton


Elder Financial Exploitation, Neglect and Abuse Victim
Violating Institution : Bendigo Bank
Suspects :  Bank Manager Christine Frankham & Susan Bogaard Paid Care Giver
Suspected Accomplice: Peter Hadley Wood (Solicitor/Attorney) 

Yolanda was the first Elder Financial Exploitation, Neglect and Guardianship Abuse Victim reported to NASGA from Sydney Australia in late 2013,  she was also a Victim of Australia's Institutionalized Elder and Disabled Financial Exploitation and Cover-Up's within Australia's Banking and Financial Services Industry.. !!

Yolanda is the mother of Mareea Watts and Tony Hutton (NASGA and Banking Abuse Advocate), both the Bendigo Bank and Bank Manager Christine Frankham have now been placed on NASGA's "Wanted List" and all information received by NASGA from Banking Abuse Whistleblowers in relation to either Australian or American Banks will be kept Strictly Confidential .. !!

Case History :-

Bendigo Bank Manager Christine Frankham and Susan Bogaard a Paid Carer of Yolanda Hutton were under New South Wales (NSW) Police Investigation from August 2011, during this time Bank Manager Frankham was suspended for 18 months from Bendigo Bank pending the Police Investigation.

Bendigo Bank Manager Frankham and her friend Susan  Bogaard had been appointed Guardians and Financial Managers of Yolanda Hutton (who in June 2007 was diagnosed with Advanced Dementia), until they relinquished their role prior to a Guardianship Hearing on 26/7/2011, due to intensive Investigation by the Australian Media .. !!

Following a story screened by Channel 7 News over 3 nights, the matter was referred to the Assistant Police Commissioner Nick Kaldas (the story was screened on 8/8/2011 - 22/8/2011 - 23/8/2011).

After the first night’s screening another family contacted Channel 7 in Sydney, advising them that their Aunt (Joan Douglas) had been befriended and allegedly targeted by Bendigo Manager Frankham in a similar way to Yolanda Hutton, when Frankham was manager of the Commonwealth Bank at Brookvale NSW... !!

Yolanda Hutton also had an account at the same branch of the Commonwealth Bank, at the same time and both where customers of Bank Manager Christine Frankham...!!


Christine Frankham left Commonwealth Bank in July 2002 and joined the Bendigo Bank at Dee Why as the Branch Manager,  Yolanda Hutton accounts immediately followed Manager Frankham to the Bendigo Bank... !!

A Current Affair (Channel 9, in Sydney) also screened a half hour special on 11/11/2011 that started with the story of a Sydney Taxi Driver. who was allegedly Targeting and Defrauding Vulnerable Elderly People, it then led into the Yolanda Hutton's Story and her involvement with Bank Manager Christine Frankham....!!
    
There were also articles in the Daily Telegraph by John Rolfe (News Director of the Daily Telegraph) on 8/8/2011 & 10/11/2011 relating to Christine Frankham, without Yolanda's name being mentioned for legal reasons, as Yolanda was a Protected Person (being a Ward or Protected Person the Daily Telegraph was unable to publish her name) .... !!

Different rules apply to Australian TV Media, who exposed Bendigo Bank Manager Christine Frankham, also published the name and details of the alleged victim Yolanda Hutton (with the Families Approval)... !!

The Family gained documentary evidence in the diaries of Just Better Care, found in Yolanda's home when Police forced access on 21/05/2011...!!

Just Better Care called at Yoland's home every day for about 3/4 of an hour to prepare her a meal, the diaries showed evidence of the horrendous alleged Neglect and Abuse of Yolanda, by her then Guardians Bendigo Bank Manager Christine Frankham and Frankham's friend Susan Bogaard... !!

Yolanda was in a Deplorable State on the 21/5/2011 when Police Gained Forced Entry to her home, as allegedly Bendigo Bank Manager Frankham and Susan Bogaard, had the locks changed for the third time at Yolanda's expense, to deny Yolanda's Family access... !!

Yolanda had been on the timber floor for up to 20 hours, wearing only a thin nightie, when Police entered the home. It had also been a very cold night, Yolanda was hypothermia, tachycardia, had a urinary tract infection, with impacted feces and severe scalding in her Genital Area... !!

Yolanda was taken to Mona Vale Hospital by Ambulance, Mona Vale Hospital Emergency Admission and Clinical Notes where also given to Police.

The Just Better Care Diary when transcribed consists of 120 pages, the diary continually mentions the poor state of Mrs. Hutton health, which allegedly Bank Manager Christine Frankham and Paid Care Giver Bogaard disregarded...!!

The most appalling evidence (apart from the alleged neglect and abuse) that was found, appears to be that Bank Manager Christine Frankham and Paid Care Giver Bogaard’s, efforts in arranging Yolanda to sign 4 consecutive wills in 4 years (8/9/06--13/10/06--30/4/08--3/4/09).... !!

In each of these wills Manager Christine Frankham was the Executor, with both Frankham and Bogaard’s percentages of Yolanda's Estate increasing, until the final will in 2009 arranged by the alleged perpetrators (before Yolanda was freed from this nightmare, making her last and final will)  .. !!

In the last will of this "Undue Influence" saga both Manager Frankham and her friend Paid Care Giver Bogaard, were to inherit the entire estate of approximately $1.5 Million Dollars, with an additional clause inserted, that if anything happened to either of them, then their share would have gone to "Their Children". They only allowed $20,000 to be given to one of Yolanda's Granddaughters Jacki Riley. Jacki was 1 of the 8 Grandchildren of Mrs. Yolanda Hutton... !!

Interestingly the Wills were prepared by Northern Beaches Solicitor Peter Hedley Wood from Wood Marshall Williams at Brookvale, who for some unknown reason MUST work under the supervision of another Attorney.... !!

It's also interesting to point out that Christine Frankham had been allegedly involved in a similar situation before, with another Elderly Women named Joan Douglas who died in 2004... !!

As we stated before in July 2002 Bank Manager Frankham left Commonwealth Bank, allegedly "Head Hunted" by the Bendigo Bank, where she became the Manager of it's Dee Why Branch... !!

Allegedly on 26/4/2000 Christine Frankham arranged to take Joan Douglas to prepare a new will with David Tuckerman (solicitor) from Rees Tuckerman in Brookvale, whereby Manager Frankham became a beneficiary receiving  $30,000 and Bank Manager Frankham was also included in the line of beneficiaries for Joan’s house at Beacon Hill... !!

In February 2001 Frankham allegedly asked Joan for a loan of $10,000 and this money was allegedly transferred to Frankham on 19/2/2001... !!

Allegedly Joan then had great difficulty in the loan being repaid and as Joan’s demands became more public, the loan was eventually repaid on 30/4/2001, allegedly $10,000 was withdrawn by Manager Frankham from Yolanda's Visa Credit Card account at Commonwealth Bank in Brookvale, where Frankham was previously a Manager (the card had a limit of $10,000 & had never been used before)... !!

Joan Douglas died on 18/12/2004, but Christine Frankham was unaware that Joan had made another will, where in Bendigo Bank Manager Frankham was no longer a beneficiary... !!

Allegedly when Bendigo Bank Manager Frankham discovered that she would no longer beneficiary, she then confronted Joan’s Nephew Frank Henry and major beneficiary, demanding $40,000. On 26/1/2005 allegedly Bank Manager Frankham arrived at the Nephew’s house at night in an "Aggressive Manner" demanding $40,000 or she would contest the will, at that point Frank Henry told her she was trespassing, asked her to leave and closed the door in her face..!!

Trying a gentler approach on 28/2/2005 Frank Henry alleges he received a letter from Frankham, in a "Bendigo Bank Envelope" again demanding $40,000, Joan’s Nephew Frank Henry ignored Bendigo Bank Managers Christine Frankham’s Demands... !!

Documents to support the above relating to the Joan Douglas allegations, where also given to the NSW Police. .. !!


Full Profile and Source:
NASGA:  Yolanda "Linda" Hutton

See Also:
Facebook:  BendigoBanksters

Federal court: no liability for PA judge who made up criminal charge


Photo courtesy of EllwoodCity.org
A federal court recently told a Lawrence County woman she’s simply out of luck and can’t sue local officials, including a Common Pleas judge who apparently made up a criminal charge that was used to place her on electronic monitoring.

A judge has absolute civil immunity, even if the action “was in error, was done maliciously, or was in excess of his authority,” the three-judge panel ruled in its six-page opinion.

Judge Thomas Piccione had ordered Lynn Van Tassel to report to jail after she didn’t pay her ex-husband’s attorney’s fees as ordered — even though she was appealing that order. He sentenced her to 90 days in jail and had her arrested on a bench warrant.

He then put a criminal charge in the system to place her on electronic monitoring. Van Tassel had never been charged with anything, much less had a trial or been convicted. And the law the judge used clearly describes what it’s for, and there’s certainly no mention of using it to collect attorney fees.

Van Tassel was almost fired for being absent without leave from work because she was in jail and the criminal charge she could provide no paperwork for, because that process hadn’t occurred in any real-world way.

But there’s no remedy for Van Tassel.

Like a bad April Fool’s Day joke, the U.S. Court of Appeals for the Third Circuit officially agreed April 1 with the district court’s tossing of the case.

Full Article & Source:
Federal court: no liability for PA judge who made up criminal charge