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Investigation into Chemical Restraint of Elderly Nursing Home Residents

July 26, 2010 by Walton Law Firm
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San Diego's 10News I-Team has conducted an investigation into what it is calling the chemical restraint of elderly residents of nursing homes. That is, using anti-psychotic drugs not necessarily for their prescribed use, but to control behavior in residents who otherwise wouldn't be candidates for the drugs.

The investigation profiles the family of Dr. Keith Blair, a retired dentist, who died at age 86 after a stay at Arbor Hills Nursing Center in La Mesa. The family contends Dr. Blair's death was expedited by the use of the anti-psychotic drugs Risperdal and Haldol that were given without consent. Both drugs contain warnings that state the drugs are "associated with an increased risk of mortality in elderly patients."

Upon one visit to the nursing home to see her father, Marian Hollingsworth told the I-Team that her father was "completely out of it. I shook him on the bed, I hollered his name. I asked the nurse what was going on. I couldn't wake him up. She said, 'Oh, he was sleepy last night.'"

After her father' died, a review of his medical records showed that staff at both the hospitals and the nursing home gave him Risperdal and Haldol without consent. The family has filed a complaint with the California Department of Public Health.

The use of anti-psychotic drugs in the elderly for behavior control is a growing concern among advocates for the elderly. The California Advocates for Nursing Home Reform will be launching a website on this topic alone, and Dr. David Graham, a Food and Drug Administration expert, recently told Congress that the practice of drugging the elderly to control them results in at least 15,000 deaths annually.

A video of the I-Team story can be found by CLICKING HERE

Source: 10News.com

The San Diego nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Call (760) 571-5500 for a free and confidential case evaluation.

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Posted In: Chemical Restraint , Medication Errors , Nursing Home Abuse and Neglect , Psychotropic Drugs

$114 Million Verdict in Nursing Home Abuse Case

July 23, 2010 by Walton Law Firm
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A jury has awarded the family of a 76-year-old nursing home resident $114 million for egregious nursing home abuse and neglect. The family's lawsuit against the nursing home alleged that the staff knew Juanita Jackson was at a high risk for falls but failed to take preventative measures. She fell within two weeks of admission and suffered a closed head trauma and fractured her upper arm, injuries from which she never fully recovered. The family also alleged that Integrated Health Services, the nursing home where Ms. Jackson lived, failed to provide the elder woman adequate care, including allowing her to become malnourished and dehydrated.

The verdict may not be all that it's cracked up to be. According to news accounts, the nursing home quit defending itself in the lawsuit several weeks ago after many years of litigation, and the family was able to get a default judgment. The judge then asked the jury to determine the proper amount of damages. After some deliberation, the jury awarded $14 million in compensatory damages, and $100 million in punitive damages. The nursing home, of course, was not there to defend itself.

The family intends to do everything it can to collect on the judgment, and told the TheLedger.com that it was proud of itself for standing up for their mother.

Source: TheLedger.com

The Riverside County nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and disabled and dependent adults who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

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Posted In: Dehydration , Nursing Home Abuse and Neglect , Nursing Home Falls

Cancer and Dementia Patient Released from Hospital Found Dead in Ditch

July 21, 2010 by Walton Law Firm
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The family of a man who was found dead in a ditch near a freeway overpass is blaming a Long Beach hospital for his death. Joseph Castillo, 63, had apparently been dead for several days when his body was found near the 405 Freeway near the 710 Freeway off-ramp.

According to family, Castillo suffered from advanced cancer, dementia, and diabetes, and had a trachea tube in his throat when he was released from Pacific Hospital in Long Beach at 2:00 a.m. on the 4th of July. He had been taken there when he collapsed at home the day before. After spending several hours in the hospital, he was released from the hospital, where it appears he just walked away.

When Castillo didn't return home, the hospital called the police to report him missing. Castillo's daughter said her family was unaware that her father was going to be released from the hospital, and expected that she, or someone else from her family, would have received a call to take the dementia suffering Castillo home. She believes her father was released prematurely because he was a Medi-Cal patient, and that he would be alive today had the family been contacted.

Source: KTLA.com

The San Diego accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of incidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

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Posted In: Los Angeles Nursing Home , Southern California Elder Abuse , Wandering

Understaffing Blamed in Nursing Home Death

July 20, 2010 by Walton Law Firm
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Johnnie Esco, age 77, was hospitalized because of pneumonia, and her husband of 61 years was at her bedside every day. When she recovered, she was sent to a local nursing home for physical therapy, to help her regain her strength, and then she was headed home, where she wanted to be. That day would never come.

After only two weeks in the nursing home, Johnnie's health had deteriorated to the point that she needed an emergency transport to the hospital, where she died a short time later. Her family was stunned, and now believes that the nursing home's failure to provide adequate care caused Johnnie's death.

"If she had received proper care, she would still be alive today," Johnnie's husband Don told KCRA news.

Don hired elder abuse attorney Leslie Clement, who filed a lawsuit against the nursing facility, alleging elder neglect and wrongful death, contending that the nursing home simply warehoused Johnnie. A major theme of the lawsuit is the nursing home's failure to provide basic custodial care because of a lack of staffing. In depositions, caregivers essentially testified that the facility was understaffed, by stating that they asked for help (more staff), or that they were required to care for a very large amount of patients (Watch the VIDEO HERE to see their compelling testimony).

Source: KCRA.com

The San Diego-based nursing home elder abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults throughout Southern California who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (760) 571-5500 for a free and confidential consultation.

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Posted In: Nursing Home Abuse and Neglect , Staffing

Hospice Patient "Elvis" Entertains Fellow Patients

July 15, 2010 by Walton Law Firm
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"Elvis impersonator Donald Trapani is about to leave the building. But not just yet." So begins an article in yesterday Arizona Republic paper about hospice patient Donald Trapani, who spends his days entertaining his fellow hospice patients with his impersonation of Elvis Presley. What a nice story.

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READ THE ENTIRE ARTICLE BY CLICKING HERE.

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and disabled and dependent adults who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

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Posted In: Nursing Home Abuse and Neglect

Complaints Against Ventura County Nursing Homes Increase

July 6, 2010 by Walton Law Firm
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Over the last six years, complaints against Ventura County nursing homes are up almost twentyfold despite a California law that pumped nearly $900 million of Medi-Cal money into nursing homes throughout California. Remarkably, just prior to receiving the additional funds, Ventura County ombudsmen filed only 10 complaints against local nursing facilities, yet over a the period of July 2009 to May 2010 the same ombudsmen filed 194 complaints.

“The numbers show that (the law) did not do what it was supposed to do: increase the quality of care for residents in nursing homes,” Sylvia Taylor Stein, executive director of the Long Term Care Services of Ventura County ombudsman program, told the Ventura County Star. “They were given a checkbook with no oversight.”

By way of example, Oxnard's Shoreline Care Center received $877,356.00 in additional Medi-Cal funding from 2004 to 2008, but records show that the facility actually provided less nursing hours per patient per day than it did prior to the funding increase. It's not surprising that the nursing home took in $4.1 million in profits after the law was passed.

This news alarms, but does not surprise nursing home advocates. Mike Connors of the CANHR says it basically proves what he has known all along, that many nursing homes put profits ahead of people, “Staffing levels, using money for profits instead of care are all indicators of facilities that are putting money before care for residents,” Connors said.

Staffing is the single largest expense of any nursing home, and inadequate staffing is the source of may allegations of nursing home neglect. For example, Shoreline is being sued right now by experienced nursing home attorney Greg Johnson in a case where two CNAs attempted to move a paralyzed woman from her shower chair to her bed, opting to forego the use of a mechanical that was ordered by a physician. During the transfer, the resident's shoulder snapped with a loud crack, causing very serious medical problems.

“We’re talking about the difference between a 20-second transfer versus a five-minute transfer, and that adds up,” Johnson said, laying blame at the feet of the institution for failing to fund additional staffing when it's warranted. “I do not believe that these people who work in these facilities and work their butts off are uncaring because if they were, they wouldn’t work there. I’ve had CNAs cry when I say ‘How do you feel when you go home at the end of your shift?’”

Source: Ventura County Star

The nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Cases are accepted in all Southern California counties, including San Diego, Orange, Riverside, Los Angeles, San Bernardino and Ventura County. Call (866) 607-1325 for a free and confidential consultation.

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Posted In: Southern California Elder Abuse , Staffing , Ventura Nursing Home

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