Monday, October 5, 2020

'We sprang Grandma from the care home'

By Andrew Bomford


The decision to place an elderly relative in a care home is a difficult one at the best of times, but the coronavirus pandemic and the restrictions on visiting make it even harder. For one family it seemed like the best solution before the virus arrived - but early last month they reversed their decision and brought 95-year-old Rita home.

It's late on a Saturday night, and a private ambulance pulls up outside a care home in Norwich. Rita Perrott, a frail 95-year-old, is helped out of the home in a wheelchair.

"Grandma!" shouts her granddaughter, Anna, delightedly. They give each other a long hug and a kiss. It's the first time in months such normal physical contact has been possible.

Anna appears almost giddy with the audacity of what they're doing.

"We've stolen grandma!" she proclaims.

"A kidnap?" Rita asks, playing along with the joke.

"It's a heist!" says Anna. "We've come late at night to steal grandma back!"

"I think they noticed," observes Ethan, one of the ambulance crew. The care home, of course, has agreed for her to be discharged.

Rita in the ambulance

Anna gently tells Rita they're on their way to the home of her daughter-in-law, Sue - Anna's mother. She adds that the reason for the move is that it had become almost impossible to visit her in the care home.

Rita is surprised by the late-night raid - they had no time to warn her in advance - but delighted that she will be able to spend more time with her family.

"Your poor mother!" she jokes.

Rita has dementia, and has grown increasingly weak and frail. She can no longer walk and even finds standing up painful.

Sue and the rest of the family are going to care for Rita now. The doctors say Rita is reaching the end of her life and the family could not bear the thought of her dying alone in the care home.

Even the ambulance crew is struck by the incongruity of what they're doing. "We only ever take people into care homes," they tell Anna and her mum. It's the first time they've taken anyone out of one.

Short presentational grey line

Rita had been in the home, Homestead House in Norwich, since the start of the year. It began as temporary respite care, but morphed into a permanent arrangement. Then coronavirus came along, and scuppered all the family's hopes for the part they would play in Rita's care in her final years.

With the home in lockdown, at first visitors could get no further than the car park, with Anna and Rita separated by a glass door, speaking to each other by telephone.

Later, visits were limited to one person visiting every two weeks, at a distance of 2m and wearing full personal protective equipment (PPE).

It was a far cry from Rita's early weeks in the home, when Anna had even been able to help bathe her grandmother.

Although it had been an agonising decision for the family to place her there, Rita agreed it was the best care option for her, because everyone in the family was leading such busy and complicated lives. And she says she enjoyed living in the home, and making friends with the other residents.

For years she'd been cared for by her son, John, Anna's father, but he developed serious health problems and eventually had to have a leg amputated. For a while he struggled even to look after himself. A spell in hospital for Rita also exacerbated her problems; it was noticeable that her dementia was growing worse. 

Anna, Rita and John in March, discussing the future with a representative of the county council

At one point mother and son were both in hospital at the same time. When Rita was discharged, she was sent to Homestead House while a more permanent care solution was arranged, with Norfolk County Council agreeing to fund her social care.

Short presentational grey line

"Well, you just keep a troshin'," Rita says a few days after the heist, lying in her newly delivered hospital bed in Sue's spare room, and being waited on by the family. Rita has a wealth of old rural Norfolk sayings. "Keep a troshin'" means to carry on threshing.

Rita is carrying on gamely. Basking in the warmth of her family's love and care, she has rallied to some extent and has been sipping sherry from a straw, along with lots of tea and cake. She has a wicked sense of humour and says, with a glint in her eye, that she's looking forward to watching the Tour de France later.

"She likes their legs, you see," explains Anna. "She's only human."

Anna, Rita and Sue

For 95 years Rita has been at the heart of a close family.

Anna's mum, Sue, who is divorced from Anna's father, says Rita practically brought up her three grandchildren - Anna, Elly and Rachel.

"We had some good times all together," Sue recalls. "Lots of laughs."

"Very happy memories… It's been lovely," agrees Rita.

"This is so nice, thank you all," she says, taking quick, short shallow breaths.

"And I do appreciate all you have done. It's such a lovely feeling being loved, and loving back.

"Isn't that nice when you can look back on a happy time, with a dear little family, who've made me so welcome, and so much appreciated. And I thank you all," she says. Then she punctures the moment before it gets too maudlin: "Speech over…"

The family says they understand that care homes have to be strict about visiting, in order to keep coronavirus out. They have no criticism of the care Rita received.

But as her health deteriorated they found the restrictions on visits increasingly intolerable.

Rita lost a lot of weight in the home, and as she grew weaker she was taken to hospital for a few days. And there, it turned out, visiting arrangements were much more flexible.

"We were delighted when she went into hospital, because we could go and see her," says Anna. "It was really lovely."

But within a few days the doctors said they couldn't help her. She was at the end of life, they said, and would need to return to the care home.

Anna, Rita sipping sherry, and Elly

Anna asked about the home's visiting arrangements when someone is dying and was told that one family member could visit twice a week for just 20 minutes a time. Again, they would have to wear full PPE and remain at a distance of 2m.

"You're not even able to hold your loved one's hand when they're dying," says Anna. "And the chances are you'd miss it anyway. The idea of her being on her own to die just sounded barbaric and very cruel, not how we'd planned for that to happen."

"The most important time of grandma's life, being with her family was taken away from us," says Sue. "That's why we made our decision for her to come here."

Sue recently retired as a nurse, so feels confident that she can care for Rita. But she says she's aware that many families in a similar situation would not have the space, time, or experience to do the same thing.

Rita's son John, her ex-husband, agrees. Despite the divorce, the family has remained close.

Rita, Anna and John earlier this year

"My greatest fear was that Mum would have passed away and we would not have been able to see her," he says. "I think there needs to be more flex in these arrangements. We support care homes in what they're doing, but at the same time it's a huge tension."

The so-called heist was planned in a hurry, out of a fear that the care home might lock down completely, and not let any of the residents out.

Now the family is concerned that restrictions on household mixing will become tighter.

Since Rita came home, other relatives have also been able to visit Rita, and will continue to do so as long as the rule of six remains in place. They are determined to make the most of the time they have together.

The family thinks Rita would have probably died by now had she remained in the home and they believe her days are numbered even now she is with them. It's something they have been coming to terms with over the last few weeks, and they speak openly and honestly with Rita about it.

"It's not just about dying, but dying well," says Anna.

"We're waiting for a chair upstairs," says Sue. "It's standing room only in heaven but Grandma needs a chair."

"We'll know when it's time," adds Rita.


I asked her how she feels about dying.

"It's fine with me. Everything has worked out ever so well. You only live once don't you?"

"Will you be sad when she dies?" Anna asks her sister, Elly.

"Yes, but I am the person I am because of her and what she did for me as a child," says Elly. "It would just be the end of a lovely life. It will be tainted with sadness because I can't imagine life without Grandma. But it's ending how she would have wanted it to end."

On cue, Grandma suddenly breaks into an old song.

"Now is the hour for me to say goodbye…"

"Oh blimey," exclaims Anna.

"Soon I'll be sailing far across the sea," Rita continues.

"While I'm away, oh please remember me…

"And I can't remember the rest!"

The family breaks into laughter. It will no doubt be a good way to go.

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As ex-judge faces possible prison time, those who appeared in his Greeley courtroom wonder why his judgements stand

Amanda Harmon poses for a portrait in Red Feather Lakes on Sept. 16, 2020.

By Sam Tabachnik

For most of her life, Amanda Harmon believed the courts were fair and just.

Save for a few traffic-related instances, Harmon had rarely dealt with legal issues. A courtroom didn’t give her anxiety. It didn’t give her fear.

But her whole perception of justice changed after her time in Judge Ryan Kamada’s Greeley courtroom.

“I knew right away he was crooked,” Harmon said. “There was something corrupt and vile about him.”

Her suspicions were confirmed, she said, when the former Weld County District Court judge pleaded guilty last year to obstructing a federal investigation into a large-scale cocaine trafficking organization.

A disciplinary investigation showed Kamada had also maintained long-running text chains with his friends, during which he disparaged those appearing in his court, mocked attorneys and joked about the safety of children as he decided on custody arrangements.

Kamada resigned from the bench last year, was disbarred this summer and soon could face prison time.

But while Kamada is no longer a judge, his rulings continue to be felt by Harmon and a host of other families, who are now expressing dismay, alleging their cases were tainted by the disgraced judge as they wonder how they can make their voices heard.

“All of these decisions are fruit of a poisoned tree,” Harmon said.

Investigation into Kamada

Kamada’s downfall began in October 2018, when a federal task force began investigating a drug trafficking organization that was distributing large amounts of cocaine throughout northern Colorado, according to the U.S. Attorney’s Office in Colorado. Investigators realized that Kamada had known one of the drug traffickers since high school.

Ryan Kamada
Just one month earlier, former Gov. John Hickenlooper had appointed Kamada to replace Elizabeth Strobel as a district court judge in Weld County.

In April 2019, Kamada received a call from a task force officer seeking a search warrant as part of an investigation into a suspected drug trafficker named Alberta Loya, according to the former judge’s admission of misconduct during his review before the Colorado Supreme Court. The officer noted that Kamada was friends with Loya on Facebook, prompting the judge to recuse himself from the case.

But the next morning, Kamada called his best friend, an assistant middle school principal named Geoffrey Chacon, who also grew up with Loya, investigators said. Kamada warned Chacon that authorities were following Loya and that his friend should stay away from him.

Chacon then notified Loya about the warrant, and changed his own behavior “in order to avoid law enforcement attention,” federal prosecutors said.

In August 2019, Kamada resigned from the bench. Two months later, Chacon pleaded guilty in federal court to one count of destruction of records with the intent to obstruct a federal investigation.

Loya was indicted on 21 counts related to drug trafficking activity, and pleaded guilty to felony counts of conspiracy to possess with the intent to distribute a controlled substance and conspiracy to launder money. He was sentenced to 10 years in prison in June.

Also in June, Kamada pleaded guilty to obstructing the federal investigation, and in August he was disbarred for violating eight different rules of professional and judicial conduct. He’s scheduled to be sentenced in federal court on Dec. 4, and could face between 12 and 41 months in prison, according to his plea agreement.

John Gleason, who represented Kamada during his disciplinary review process, told The Denver Post that “everything I’ve heard about him is that he was a great lawyer and great judge who simply made a mistake, and he’s paid dearly for it.”

Kamada, through his criminal defense attorney, declined to comment.

But during the Office of Attorney Regulation Counsel’s investigation into his misconduct, new details emerged about Kamada’s behavior during his time on the bench.

As a magistrate judge, Kamada would routinely text his friends information about people and cases in his courtroom, according to the stipulation filed with the Colorado Supreme Court, which deals with attorney discipline.

In one September 2016 exchange, a friend asked the judge to look up information on an individual.

That person, Kamada said, “wasn’t convicted of the sex assault but he was on other charges and ended up in (expletive) prison man … Oh yeah. He was (expletive) a 14-year-old and giving her cocaine. Don’t say anything man,” according transcripts of the text in the stipulation.

In a December 2016 group text, Kamada talked about a former client, saying, “I did her custody (expletive) and she is one strange cat. If that kid lives I’ll be shocked.”

Soon after beginning his role as a district court judge in January 2019, Kamada was presiding over a divorce proceeding, which included an allocation of parental rights.

Kamada texted a photo of the divorce papers, telling his friends that he was “going to grant this today so she is free game tomorrow night.”

Amy Barton poses for a portrait ...
Helen H. Richardson, The Denver Post
Amy Barton poses for a portrait in front of the Weld County Courthouse in Greeley on Sept. 30, 2020.

Fighting for new judgements

When Amy Barton heard these allegations, it confirmed her gut feeling that something just wasn’t right in Kamada’s courtroom.

She and her ex-husband appeared before Kamada four years ago for a child custody case and “the whole time in court, (Kamada) was picking his fingernails and you could tell he wasn’t paying attention,” Barton said. “He was completely checked out.”

For Barton and others who appeared before the judge, word of his indictment and disbarment served as a modicum of good news — “karma finally bit him in the (expletive),” she said.

But when several people appealed to get Kamada’s judgements vacated or their cases reheard, they were denied.

“It seems like the courts are trying to sweep it under the rug,” Harmon said.

While Kamada’s actions may be well-deserving of removal from the bench or disbarment, that does not mean that everything he touched gets to be relitigated, said Eli Wald, a professor and legal ethics scholar at the University of Denver’ Sturm College of Law.

“The thing we worry about most is the integrity of the proceedings and compliance with the law and perception of law and justice,” Wald said. “Unless there’s anything in the removal proceedings that causes us to doubt the integrity of the proceedings, the mere removal (of a judge) should not cause us to worry about revisiting every case.”

This feels like a miscarriage of justice, Barton and Harmon said. And it has both of them, along with others who dealt with Kamada, questioning their belief in the entire judicial system.

“It’s disheartening knowing this man was appointed to a position that is supposed to uphold ethics and be honorable, and he’s doing such skeezy stuff,” Barton said.

That hasn’t stopped a group from organizing to raise awareness. A group of about 15 parents who had Kamada preside over their cases started a Facebook group, with people talking about a filing a lawsuit or protesting in front of the courthouse. The court may not rehear their cases. But that doesn’t mean they’re going to be silent.

“It’s always strength in numbers,” Barton said. “If five of us say we want change, they can ignore us. But if we get hundreds, then they have to listen.”

 
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Stats Hold a Surprise: Lockdowns May Have Had Little Effect on COVID-19 Spread

 

A man walks dogs across a nearly empty 5th Avenue during the COVID-19 coronavirus outbreak in Manhattan, May 11, 2020. (Mike Segar/Reuters)
 
Data suggest mandatory lockdowns exacted a great cost, with a questionable effect on transmission.

In 1932, Supreme Court justice Louis Brandeis famously called the states “laboratories of democracy.” Different states can test out different policies, and they can learn from each other. That proved true in 2020. Governors in different states responded to the COVID-19 pandemic at different times and in different ways. Some states, such as California, ordered sweeping shutdowns. Others, such as Florida, took a more targeted approach. Still others, such as South Dakota, dispensed information but had no lockdowns at all.

As a result, we can now compare outcomes in different states, to test the question no one wants to ask: Did the lockdowns make a difference?

If lockdowns really altered the course of this pandemic, then coronavirus case counts should have clearly dropped whenever and wherever lockdowns took place. The effect should have been obvious, though with a time lag. It takes time for new coronavirus infections to be officially counted, so we would expect the numbers to plummet as soon as the waiting time was over.

How long? New infections should drop on day one and be noticed about ten or eleven days from the beginning of the lockdown. By day six, the number of people with first symptoms of infection should plummet (six days is the average time for symptoms to appear). By day nine or ten, far fewer people would be heading to doctors with worsening symptoms. If COVID-19 tests were performed right away, we would expect the positives to drop clearly on day ten or eleven (assuming quick turnarounds on tests).

To judge from the evidence, the answer is clear: Mandated lockdowns had little effect on the spread of the coronavirus. The charts below show the daily case curves for the United States as a whole and for thirteen U.S. states. As in almost every country, we consistently see a steep climb as the virus spreads, followed by a transition (marked by the gray circles) to a flatter curve. At some point, the curves always slope downward, though this wasn’t obvious for all states until the summer.

Watch: 0:30
Van Morrison Rails Against Coronavirus Lockdowns

Lockdowns Not the Cause

The lockdowns can’t be the cause of these transitions. In the first place, the transition happened even in places without lockdown orders (see Iowa and Arkansas). And where there were lockdowns, the transitions tended to occur well before the lockdowns could have had any serious effect. The only possible exceptions are California, which on March 19 became the first state to officially lock down, and Connecticut, which followed four days later.

Even in these places, though, the downward transitions probably started before the lockdowns could have altered the curves. The reason is that a one-day turnaround for COVID-19 test results probably wasn’t met in either state. On March 30, the Los Angeles Times reported the turnaround time to be eight days. That would make the delay from infection to confirmation not the 10 we assumed, but more like 17 days (6 for symptoms to appear, 3 for them to develop, and 8 for test processing). In early April, the Hartford Courant reported similar problems with delayed test results in Connecticut.

What’s more, there’s no decisive drop on the dates when lockdowns should have changed the course of the curves. Instead, the curves gradually bend downward for reasons that predate the lockdowns, with no clear changes ten days later.

Lockdown partisans might say that the curves would have been higher after the ten-day mark without the lockdown. While we can’t redo history to prove them wrong, the point is that the sudden and dramatic changes we should see if they were right aren’t there. If we showed people these curves without any markings, they would not be able to discern when or even if lockdowns went into effect.

The vertical lines mark the date when the number of deaths attributed to the coronavirus reached five per million people in the population. This is probably the best way to mark similar extents of viral progress in each state, since we don’t know how many total cases there were. The curves usually start to bend somewhere around the same death toll (roughly five per million people), which suggests that the approach of herd immunity caused the bends. In other words, we see in this data not only a lack of evidence that lockdowns caused the curves to bend, but also evidence of the very early stages of herd immunity.

In fact, a May 18 column in the New York Times argued that coronavirus cases in New York City probably peaked before the state lockdown began on March 22. Though that newspaper is not known for taking a critical stance on lockdowns, this point implies that the spread was slowing before the mayor and governor even ordered the lockdown.

Something caused this overall decline. It couldn’t have been lockdowns, which weren’t maintained (or heeded) in full force through June. At the moment, we can only speculate. But if this virus is like others, its decline is likely attributable to some mix of changing seasons and the gradual onset of herd immunity. Another factor, of course, could be the widespread use of masks as the year progressed.

The evidence suggests, then, that the sweeping, mandated lockdowns that followed voluntary responses exacted a great cost, with little effect on transmission. We can’t change the past, but we should avoid making the same mistake again.

Daily confirmed COVID-19 cases for the United States and thirteen U.S. states (logarithmic plots) up to May 20, 2020. Dashed line segments (drawn by hand) show the initial steep increase with gray circles marking the first visual downward change of slope. Locks mark the lockdown dates, and 10-day calendars show where lockdowns would have had visible effects. Open locks mark when lockdowns ended for Florida and Georgia, two of the first wave of states to emerge from lockdown. The vertical lines mark the dates when deaths attributed to the coronavirus reached five per million people in the population. Gaps in curves are the result of unreported data. Information sources: Doug Axe, William Briggs, and Jay W. Richards, The Price of Panic: How the Tyranny of Experts Turned a Pandemic into a Catastrophe; https://ourworldindata.org/ (for U.S. cases); https://covidtracking.com/api (for state cases); https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-home-order.html (for lockdown dates).

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Sunday, October 4, 2020

My mother died of COVID-19 in a nursing home — now I’m fighting back

By Alexa Rivera


Alexa Rivera, a 47-year-old construction estimator living in Brooklyn, lost her mother, Ana Celia Martinez, 78, after she was exposed to COVID-19 at Our Lady of Consolation nursing facility in West Islip, Long Island. Rivera is now suing the nursing home and has started the organization Voices For Seniors, which advocates for other families who’ve lost their loved ones to the coronavirus in nursing homes. Here, she tells the story behind her suit …

When we brought my mother to Our Lady of Consolation Nursing & Rehabilitative Care Center for physical therapy in January, staffers told us they’d keep her safe. Instead, they gave her COVID-19, kept us in the dark and sent her to the hospital when it was too late.

My mother had a knee-replacement operation in August 2019, which went very well at first, but her recovery didn’t go as smoothly as we anticipated. A few months later, we decided she needed in-patient care and admitted her to Our Lady of Consolation. We were initially impressed by a large sign in their lobby stating that it “was the best nursing home on Long Island.” This gave us a false sense of security as we wanted nothing but the best for our mom.

She was supposed to come home by mid-February. But as her discharge dragged on, the state locked down to stop the spread of the coronavirus and my mother was forced to stay where she was. Two weeks later, she was telling us she had a fever. She said she had body aches, diarrhea. Attendants at the nursing home told me and my sister, Vivian, “We’re checking everyone’s temperature. Your mother is healthy.” Shortly after that, my mother couldn’t talk. The next few days, whenever we called her, we couldn’t get through. When Vivian reached my mother’s social worker at the nursing home, she was told, “Your mother is fine. I asked your mother if she wanted to talk to you, and she said no.”

That’s when we knew something was wrong. My mother always wanted to talk to us.

Author Alexa Rivera with her mother, Ana Celia Martinez, on her 70th birthday.Courtesy of the family
A few days later, the nursing home tried to discharge her. The medical director said, “I can send your mother home with an oxygen tank.”

I said, “My mother didn’t go there with an oxygen tank. You’re going to find out what’s wrong with her.”

He said, “You want us to take her to the hospital?” I said yes.

That night they sent her to the Good Samaritan Hospital, which is just 50 feet away from the nursing facility. By the next morning my mother had a collapsed lung, and the day after her kidneys failed. That night, we got a call from the attending doctors at the ICU, who told us our mother had died because of COVID.

Hearing that, I just broke down. I collapsed on the floor, crying. I begged God to take me instead.

Later I found out that Gov. Cuomo had mandated state nursing homes take patients from hospitals, even without testing them for COVID. Our Lady of Consolation had been a revolving door; so far, they have reported 40 deaths due to COVID.

In short, my mother died because Cuomo wanted to free up hospital beds. But he had the USS Comfort and the Jacob Javits Center for COVID-positive patients — why didn’t he send them there?

In June, my sister and I hired an attorney, who found out that Our Lady of Consolation has been cited more than 30 times for negligence and other violations, including the failure to properly maintain an infection prevention and control program, as recently as September 2019. We immediately filed a lawsuit against the nursing home at the Brooklyn Supreme Court. [A spokesperson for Our Lady of Consolation told The Post in an e-mail, “We cannot comment on pending litigation or the care provided to any individual. Catholic Health Services and Our Lady of Consolation Nursing & Rehabilitative Care Center are dedicated to delivering high quality, compassionate care which is integral to our mission. We strongly deny any improper treatment.”]

Alexa Rivera (left) and her sister, Vivian, have started a Facebook group, Voices for Seniors, encouraging others who’ve lost loved ones to COVID in nursing homes to advocate for their rights.

Vivian and I have now started a Facebook page called Voices For Seniors, encouraging others who’ve lost loved ones to COVID in nursing homes to advocate for their rights. So far, we’ve participated in a few legislative hearings and held a few rallies, and our group is almost 4,000-strong, with state chapters in New Jersey, Arizona and Michigan. We also created a Spanish chapter called Voces Para Ancianos.

We’re seeking reform for all seniors, including veterans who died in droves. We also want to know the actual count of nursing-home deaths across New York state. They’re still saying 6,600, but we know it’s much more. Our families deserve this information. No amount of money will bring my mother back. What I want is accountability.

Gov. Cuomo insisted on sending COVID-positive patients into nursing homes — a move that he himself described as “fire to dry grass.” Cuomo’s mandate left a path of destruction, broken hearts and broken families that will never be the same. He has failed us, he has failed the elderly who voted for him, and there has to be some responsibility for that.

I feel robbed of my mother. Her grandchildren loved her. She played video games with my nephews, she played princess dress-up with my niece, she played cards and did puzzles with all of us. I know she had more life to live. And she would still be here if the nursing home had protected her — rather than exposing her to a fatal disease while not doing enough to save her.
 
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New Florida law kicks off local review of elderly abuse deaths

 by Dan Scanlan


A group of prosecutors, medical experts, elder care providers and others took their first step Friday to officially investigating senior citizen abuse deaths with the backing of a new state law.

The State Attorney’s Office kicked off the first meeting of the Elder Abuse Fatality Review Team at the Duval County Courthouse, many members meeting via video conference. The members named Duval County Judge Gary Flower and ElderSource CEO Linda Levin as co-chairs.

Approved by the Legislature and signed into law in June, the legislation calls for the state attorney of each circuit to initiate an elder abuse fatality review team in his or her judicial circuit. Closed State Attorney's Office cases of elder fatalities caused by abuse or neglect will be provided to the team so it can make policy recommendations to help prevent future similar cases.

"It can be a walk-in that you looked at and said there's not enough evidence here," Flower said. "The team will look at those files and mine it for information to allow us to review, without blaming and shaming. ... We can look at the closed files and see, as a community, how we can do better and find gaps in services."

Senate Minority Leader Sen. Audrey Gibson, D-Jacksonville, was the bill sponsor. She said she is "extremely excited" that it is finally law and that her district has initiated a team. It was "four years in the making," she said.

"Isn't that ridiculous?" Gibson said. "We had to fight against the nursing homes, then the trial lawyers and everyone else thinking we were going to come into their facilities and inspect them and start charging them with criminal actions. But it's not about that. It's about our seniors." 

The National Council on Aging says about 1-in-10 Americans aged 60-plus has experienced some form of elder abuse, as high as 5 million abused victims each year. A recent USA TODAY Network - Florida investigation focused on 54 nursing home deaths from 2013 through 2017 where state inspectors cited neglect and mistreatment as factors. It found Florida’s Agency for Health Care Administration rarely took action and often didn’t investigate the deaths.

ElderSource, the Women's Center and other agencies worked with Gibson to lobby for the bill's passage.

"These reviews will seek to identify potential problems in the delivery of services to our elderly that may have contributed to the death," State Attorney Melissa Nelson said. "This work could result in policy and legal recommendations to improve the overall system of care."

The judge agreed, saying the team will not be an "investigative arm" of the State Attorney's Office but rather make recommendations.

The teams must submit information on elder abuse-related fatalities to Florida's Department of Elder Affairs by . Each Nov. 1 the teams must summarize their findings and recommendations of the review to the governor, head of the state House and Senate and the Department of Children and Families.

The approved bill allows for creation of a fatality review team in each of Florida's 20 judicial circuits, Gibson said. The teams will be made up of volunteer members from law enforcement, medical examiner’s offices, agencies on aging, the state’s Long-Term Care Ombudsman program and the Florida Agency for Health Care Administration, among others.

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Texas long-term care facilities reopen to essential caregiver visits

by Irene Cruz

CANYON LAKE, Texas - For the past eight months, Jeanette Christensen of Canyon Lake, Texas has only been able to see her husband Steve through a glass window.

Steve, her husband of 26 years, has a rare form of dementia. He is a disabled Air Force veteran at the Frank M. Tejeda Texas State Veteran's Home in Floresville, where no visitors have been allowed due to the COVID-19 pandemic.

"That keeps him locked in and me locked out," says Jeanette Christensen.

Governor Abbott and the Texas Human Health Services Commission only began allowing outside visits a month ago, a process they called Phase 1.

"They are dying by the same rules that are designed to keep them safe. There's got to be logical compromise," says Christensen.

Christensen says the isolation has been incredibly detrimental to Steve's health. Prior to the pandemic, she was able to take Steve out for a drive and a meal every week. Steve is able to stand, walk, and perform certain tasks. However, due to dementia, he's also prone to confusion, memory impairment and difficulty with personal care.

"I'm seeing a large decline," says Christensen. "They are losing their will to live. What they feel like is that they're not having personal contact with anyone."

It's an issue that has been commonly seen across the state. Tina Hill out of Atlanta, Texas is also struggling. Her father is a double amputee at a nursing home.

"He is just severely depressed," says Hill. "He just had a mental break down. He was crying, saying how much he missed his family. He was just giving up if he couldn't spend time with his family anymore."

Christensen and Hill are both part of a Facebook group called "Texas Caregivers for Compromise - Because Isolation Kills, Too", an advocacy group that has been pushing for visitation changes in long-term care facilities. It is open to the public and has nearly 3,000 members.

Many have also signed a petition these past months to open Texas nursing homes and assisted living centers. It has nearly 24,000 signatures.

In addition, members of the Facebook group have been creating and posting signs in College Station that say "Isolation Kills Too!"

After months of hoping for change, family members are finally now seeing change. Last Friday, Governor Abbott announced long-term care facilities would be opening back up to visitors starting Thursday, September 24, 2020. However, formal guidelines from the Texas Human Health and Services Commission only recently came down this past Wednesday.

The guidelines for nursing facilities differ from those for assisted living facilities. There are a few notable details:

  • Nursing facilities are required to allow visits from two designated essential caregivers per resident. This is voluntary for assisted living facilities.
  • Facilities must be approved by Texas Human Health Services for visitation.
  • Nursing homes are expected to contain any positive cases to an isolated unit.
  • If a nursing facility has COVID-19 positive cases, they are still required to allow essential caregivers in. This is optional for assisted living facilities in this situation.
  • Any residents with COVID-19 are not allowed to have visitors unless they are at the end of their life.
  • All visitors are expected to schedule their visits, must wear PPE, and must show proof of negative testing.

You can find more details from the Texas Health and Human Services Commission here:

 
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Saturday, October 3, 2020

New Florida law includes stricter penalties for ripping off military veterans

Perpetrators would also have to pay all court costs and restitution associated with each of their victims

 
By Nick Givas
 
A series of Florida laws passed during this year's legislative session went into effect on Thursday, one of which makes it a felony to attempt to financially swindle a veteran out of $50,000 or more.
 
This bill amends the White Collar Crime Victim Protection Act to say someone "commits an aggravated white-collar crime if he or she obtains or attempts to obtain $50,000 or more by committing at least two associated white-collar crimes against 10 or more veterans."

The action will now be considered a first-degree felony, "ranked at a level 9 out of 10 possible levels for incarceration purposes on the offense severity ranking chart of the Criminal Punishment Code."

People convicted of breaking the new law would also have to pay court costs and restitution associated with each of their victims.

The court may also order payment of a $500,000 fine, or "double the value of the pecuniary gain or loss, whichever is greater."

The bill had similar protections for senior citizens within the text, in an effort to discourage the financially fraudulent schemes often carried out against the elderly.

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Muskogee woman enters plea to neglect, financial exploitation by caretaker

By Elizabeth Ridenour

Terri Lynn Russell

A Muskogee woman charged with neglect by caretaker and financial exploitation by caretaker entered a blind plea, and her son, who also was charged, pleaded guilty to financial exploitation by caretaker.

Terri Lynn Russell, 60, entered a blind plea in Muskogee County District Court on Wednesday, and she will be sentenced at 9 a.m. Jan. 6.

A blind plea is when a person charged does not have a sentencing agreement with the state, and they essentially plead guilty and let the judge determine their sentence.

Scott Allen Russell

Russell's son, Scott Allen Russell, 32, pleaded guilty to one of the two charges.

"We let him plead to count two, financial exploitation by caretaker, and he got five years deferred," said Orvil Loge, Muskogee County District Attorney.

The charge of neglect by caretaker against Scott Russell was dismissed, he said.

The victim, who was 81 years old at the time of the Russells' arrest, was bedridden and neglected.

"The house was horrendous, and they just failed to take care of her properly," Loge said.

The mother and son had also been charged with spending the woman's money.

"The victim receives a monthly income and the suspects have access," court documents state. "The elderly victim was found to be living in deplorable circumstances. The victim is unable to speak and is confined to a bed."

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Trio of Precious Metals Dealers Accused of $185 Million Scam Targeting Seniors

by DAVID LEE


DALLAS (CN) — The federal Commodity Futures Trading Commission and 30 states announced Friday a lawsuit against three Los Angeles-based precious metal dealers for allegedly scamming over 1,300 elderly investors in a $185 million scam where they were charged 100% to over 300% more than market prices.

The securities regulators sued Metals.com operator TMTE Inc., Chase Metals LLC, Chase Metals Inc., Barrick Capital Inc. and principals Lucas Asher and Simon Batashvili on Sept. 22. Unsealed Friday afternoon, the complaint lists 30 counts including state securities fraud, commodities fraud, investment adviser fraud and financial exploitation of the elderly. The plaintiffs claim the scam dates to 2017 and involved convincing the elderly victims to transfer their retirement savings to self-directed individual retirement accounts to purchase precious metals.

According to the plaintiffs, nearly every investor “lost the vast majority of their funds” on deposit with the defendants.

“Defendants falsely told investors who questioned the grossly inflated cost of the precious metals bullion after purchase that the precious metals bullion were exclusive and collectible numismatic or semi-numismatic precious metals that carried a premium far above the base melt value of the precious metals bullion.”

The plaintiffs claim Metals.com marked up the price of one-half ounce Silver Royal Canadian Mint Polar Bear bullion by 213% over spot prices, constituting 58% of sales for over $102.4 million. (page 14) They allege a 120% charge over spot prices for one-tenth ounce Gold Royal Canadian Mint Polar Bear bullion, constituting 15% of sales for over $31.2 million.

Metals.com also failed to disclose to investors that it was subject to at least 12 separate state enforcement actions and disciplinary proceedings dating back to 2019, the plaintiffs say.

Barrick Capital and Chase Metals did not immediately respond to email messages requesting comment Friday afternoon. Metals.com defended the company’s pricing, stating it sells bullion for cheaper than the U.S. Mint does on its website.

“Metals.com has customers from all ages, even as low as 18 years old, and from all political leanings, who enjoy physical coins delivered to them,” the company said in a statement. “We have among the lowest spreads on retail and wholesale prices in our industry between 1% and 29%.”

The defendants’ assets are currently frozen by U.S. District Judge David Godbey, who entered a restraining order Tuesday to permit the plaintiffs to inspect the defendant’s records. He also appointed a receiver to take control of Metals.com, Barrick and relief defendant Tower Equity, in addition to the assets of Asher and Batashvili.

Texas Attorney General Ken Paxton blasted the defendants Friday for flouting a 2019 agreement with the state to refund 84 investors’ money and strengthen company compliance and training.

“I will not stand by as these companies use deceptive tactics and underhanded attempts to siphon cash from Texans who seek only to wisely invest their hard-earned retirement savings,” Paxton said in a statement. “The abuse of hardworking Texans, particularly senior citizens who look forward to a secure retirement, cannot be allowed to continue. Companies that take advantage of Texans will be held accountable.”

The CFTC said the lawsuit is the “largest joint filing” in the agency’s history with state regulators and the first since a 2018 information-sharing agreement with the North American Securities Administrators Association — a group of state and provincial securities regulators in the United States, Canada and Mexico.

“This case highlights just how geographically broad commodities fraud can be in our rapidly-evolving financial markets and how important it is for regulators at all levels of government to work together to pursue bad actors and protect market participants,” said CFTC chairman Heath P. Tarbert in a statement.

 
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