Tuesday, June 6, 2023

Caregiver abuse sends 51-year-old man with Downs Syndrome to the hospital, family says

Starved and severely abused. It’s what one Brazoria County woman says happened to her 51-year-old brother who has Down Syndrome, all at the hands of the man who was supposed to be taking care of him. 

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Caregiver abuse sends 51-year-old man with Downs Syndrome to the hospital, family says

Monday, June 5, 2023

San Francisco to Pay $2.2 Million Settlement to Victims in Laguna Honda Patient Abuse Scandal

by Sydney Johnson

A campus map for Laguna Honda Hospital and Rehabilitation Center in San Francisco on Jan. 31, 2023. (Beth LaBerge/KQED)

San Francisco is poised to pay $2.2 million to settle a lawsuit over a patient abuse scandal at Laguna Honda Hospital and Rehabilitation Center, where a group of nurses were found to have taken nude photos of some patients and drugged and abused others between 2016 and 2019.

The lawsuit involved 11 older residents at the city-run hospital who were under conservatorship, in which a court-appointed family member or other individual was charged with overseeing their finances and medical care. Each of the victims will be compensated based on the extent of abuses they suffered.

The settlement amount was agreed to Thursday by the Board of Supervisors’ Government Audit and Oversight Committee and now heads to the full board and mayor for final approval.

“We believe this is an appropriate resolution given all of the circumstances,” said Jen Kwart, spokesperson for the City Attorney’s Office. “Laguna Honda Hospital is committed to providing excellent care and treating all residents with dignity.”

The lawsuit stems from a 2019 California Department of Public Health investigation (PDF) that confirmed multiple claims of patient abuse by six former nurses at the hospital.

“This first settlement is really a step in the direction to try to get justice for those people who have been experiencing neglect and, in my own opinion, still experiencing neglect up at Laguna Honda,” said Kathryn Stebner, an attorney who represented the plaintiffs and is pursuing two other pending cases against the city related to abuses at the hospital.

“One of the women had a gag over her mouth and part of her breasts were showing,” she added. “Other people were given medications without their consent.”

The 2021 lawsuit was filed just months before the hospital — one of the country’s oldest and largest skilled nursing and rehabilitation centers — reported two nonfatal patient overdoses involving smuggled methamphetamine and fentanyl. That disclosure triggered a series of on-site inspections from state and federal officials, which eventually resulted in regulators decertifying the 157-year-old hospital.

Last year, Laguna Honda was found to still be out of compliance on a number of safety issues, prompting federal regulators to cut Medicare and Medi-Cal funding, which covers the majority of its mostly lower-income patients. The hospital was also required to draft a closure plan and begin discharging or relocating patients by September 2022.

But of the 57 patients who were initially transferred or discharged, 12 died shortly after being relocated. San Francisco subsequently sued the federal government, temporarily halting the transfer process.

Last month, regulators again postponed the transfer deadline, to Sept. 19, 2023, and have allowed subsidized Medicare and Medi-Cal payments for remaining patients at the hospital to continue through March 2024.

Stebner’s firm is also representing families of patients — as part of a class-action suit against the city — who died after being discharged in 2022.

“This is a good start,” Stebner said of the most recent settlement. But, she added, “we still have a lot of work to do.”

Full Article & Source:
San Francisco to Pay $2.2 Million Settlement to Victims in Laguna Honda Patient Abuse Scandal

Man arrested for taking mother’s Social Security benefits; body found while serving eviction notice

By Jessica Goodman

(Kanawha County Sheriff’s Office/Kanawha County Sheriff’s Office)
KANAWHA COUNTY, W.Va. — Investigators serving an eviction notice reportedly found a body inside a house in Belle, West Virginia, on Thursday.

In a news release, Kanawha County Sheriff’s Office said its Legal Process Division, along with Belle Police Department officers, went to a house to serve an eviction notice due to “suspicious signs coming from inside of the home.” It appeared that no one was home. The eviction notice was for Peggy Johnson.

Belle Police Department officers made their way into the house and found a body that was decomposing, the sheriff’s office said. They soon after got out of the house and called for assistance.

The body was so badly decomposed that investigators could not figure out what the gender was, according to WSAZ.

Investigators say the body was sent for an autopsy at the West Virginia State Medical Exmainer’s Office.

Once investigators got a search warrant for the house, they went inside and found a man hiding in the closet. He was later identified by the sheriff’s office as Michael Robert Johnson, 41.

Johnson was detained and reportedly told investigators that he was living with his mother, Peggy Johnson, according to the sheriff’s office. He said he had been living with her for about two to three years. He then said that she died in December 2022 in their house.

Peggy Johnson had been receiving Social Security benefits, which were about $1,000 per month, the sheriff’s office said. Johnson told investigators that he continued to get her benefits and used them after she died with the amount being about five to six thousand dollars.

Johnson has been charged with obtaining money, property, and services by false pretenses, and disposing of property to defraud creditors, according to WSAZ.

The sheriff’s office said Johnson is considered a person of interest in the death investigation.

Full Article & Source:
Man arrested for taking mother’s Social Security benefits; body found while serving eviction notice

New law heightens penalties for elder abuse in Alabama

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New law heightens penalties for elder abuse in Alabama

Sunday, June 4, 2023

DeWitt Man Arrested, Charged on Financial Elder Abuse

LANSING – Today, Peter Counseller, 56, of DeWitt, was arraigned before Judge Lisa Babcock in the 54B District Court in East Lansing on one count of Embezzlement by an Agent in excess of $100,000, one count of Embezzlement from a Vulnerable Adult in excess of $100,000, and two counts of filing false tax returns for an alleged elder abuse scheme, announced Michigan Attorney General Dana Nessel. Each embezzlement count is a felony punishable by up to 20 years in prison.

Counseller is alleged to have stolen tens of thousands of dollars across the years of 2020 and 2021 from a ninety-year-old legally blind woman. He allegedly used her money to pay his mortgage, take vacations, and pay other personal expenses. Despite having all this extra income, Counseller failed to report this income on his Michigan income tax returns.

“Financial exploitation of vulnerable adults in our state is not only a serious crime with substantial felony penalties, but also an assault on the wellbeing and security of elderly Michigan residents,” said Nessel. “My office puts a high priority on defending Michigan’s seniors from being victimized by thieves and fraudsters and we will continue to hold the perpetrators of elder abuse accountable.”

A probable cause conference is scheduled before Judge Lisa L. Babcock at the 54B District Court on June15, 2023. Judge Babcock ordered Counseller held on a $50,000 cash/surety bond.

To learn more about the Attorney General’s Elder Abuse Task force and its initiatives, visit the Attorney General’s website.

Please note: A criminal charge is merely an allegation, and the defendant is presumed innocent unless and until proven guilty. The Department of Attorney General does not provide booking photos.

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DeWitt Man Arrested, Charged on Financial Elder Abuse

Nursing assistant sentenced for stealing from elderly patients

By Megan McSweeney

CLEVELAND, Ohio (WOIO) - A woman who was convicted of stealing money from elderly patients was sentenced Thursday morning.

Ladasia Vinson was sentenced to two years in Cuyahoga County Court of Common Pleas.

Vinson was working as a nursing assistant in an assisted living facility in 2022 when she stole from patients over a two month span.

Patients reported items missing from their room starting in April of 2022.

“It appeared she was utilizing their credit cards, making purchases, and also stealing cash for her own use,” Detective Sgt. Jay Elish of Bay Village Police Department said.

In court, Vinson said, “I personally know how it feels mentally and emotionally to be violated and hurt for no reason. My intention was never to hurt or violate anyone in that nature. It was stupid.”

Police say Vinson was employed through a private company, and that O’Neil Healthcare in Bay Village was one of the three places she worked.

Prosecutor Michael O’Malley said, “I believe she deserves the harshest punishment allowed.”

O’Malley also read a statement from a victim, saying, “This is my home. Imagine living in a place where you have to lock up your purse. If my situation isn’t bad enough. I’ve also been robbed.”

Full Article & Source:
Nursing assistant sentenced for stealing from elderly patients

Loyal dogs rescue owner after stroke; Ring camera captures it all

Maureen Hatcher collapsed in her St. Augustine home Dec. 3. A clot cut off the blood flow to the right side of her brain, which meant the clock was ticking to prevent permanent brain damage.

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Loyal dogs rescue owner after stroke; Ring camera captures it all

Saturday, June 3, 2023

Public guardianship bill passed

A bill that authorizes certain temporary public guardianships in Douglas County and contains a variety of judicial measures dealing with protection orders, court fees and juvenile court disposition passed the final round of debate June 1.

LB157, introduced by Bennington Sen. Wendy DeBoer, allows for creation of temporary guardianships in a county containing a metropolitan class city to assist individuals who are applying for private or public benefits. Omaha currently is the state’s only metropolitan class city. A temporary guardian may access personal and financial records necessary to apply for benefits.

The bill was amended to contain provisions of 10 other measures including LB82, also introduced by DeBoer, which updates reporting requirements from the director of the state’s Department of Correctional Services.

It also contains provisions of LB315, introduced by Omaha Sen. John Fredrickson, which prohibit providers of medical or other services related to examination of injuries arising from sexual assault, domestic assault or trafficking from referring victims to collection agencies or taking other averse action for failure to pay the debt.

LB157 passed 47-0 and takes effect immediately.

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Public guardianship bill passed

Senators Urge Examination of Guardianship Laws

by MyChesCo

© Sasirin Pamai's Images / Canva

U.S. Senate Special Committee on Aging Chairman Bob Casey (D-PA) and Ranking Member Mike Braun (R-IN) sent a letter this week to the U.S. Government Accountability Office (GAO) regarding guardianship laws across the Nation. There are an estimated 1.3 million older adults and people with disabilities in guardianships, which are legal relationships created when a court determines that a person is incapable of making important decisions on their own. Considering the lack of data on guardianships across the U.S., Senators Casey and Braun requested GAO examine and report on guardianship laws throughout the country, the use of guardianships, and efforts to reform the guardianship system.

Recent Senate Special Committee on Aging testimony and media reports suggest that guardian abuse and fraud can have devastating effects. Such abuse can deprive older adults, people with disabilities, and others of their rights, their financial security, and even contact with their families.

“Although many guardians live up to their obligations, testimony and media stories illustrate the dark side of guardianships. Some adults are wrongly placed into guardianships, which can be unnecessarily restrictive and violate their rights.  The status of people under guardianships may be ‘poorly monitored in sufficient, meaningful, and diligent ways,’ resulting in ‘exploitation, abuse, and neglect,’” wrote the Senators.

The majority of people in guardianships are seniors and people with disabilities. Many need permission to see a doctor, take or refuse medication, live in in their own homes, spend their own money, and even vote. They also face increased risk of abuse, neglect, and exploitation by unscrupulous guardians. Efforts to reform guardianship systems and options for states to promote less restrictive alternatives are varied across the country.

Read the letter here.

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Senators Urge Examination of Guardianship Laws