Glendale Nursing Home Criminally Indicted After Patient Death

July 19, 2011 by Walton Law Firm
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A skilled nursing facility in Montrose was indicted for criminal abuse and neglect after a committed suicide by discharging a fire extinguisher down his throat. A grand jury indictment asserts that the facility, Wellness Centre, and its former administrator were complicit in the death of 34-year-old patient Charles Morrill. It was the third time Morrill attempted suicide.

"On and between January 22, 2009 and February 28, in the County of Los Angeles, the said Verdugo Valley Skilled Nursing Wellness Center and Phyllis Paver did, under circumstances and conditions likely to produce great bodily hard and death, knowingly and willfully cause and permit Charles Morrill, a dependent adult, to suffer, and inflicted theron, unjustifiable physical pain and mental suffering and, having the care and custody of said person, willfully caused and permitted him to be placed in a situation in which his health was endangered, and knew and reasonably should have known that said person, Charles Morrill, was a dependent adult."

The indictment came after an investigation by the California Department of Public Health, which had a long history with the facility. Glendale Police told reporters that over the last few years it had received numerous calls about residents wandering away from the facility, 911 hang ups, and accusations of assaults at the nursing home.

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Posted In: California Department of Public Health , Dependent Adult Abuse , Los Angeles Nursing Home , Nursing Home Abuse and Neglect

San Diego County Pays $2 Million To Settle Wrongful Death Case

April 12, 2011 by Walton Law Firm
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The County of San Diego has agreed to pay $2 million to the family of Alton Stovall Sr., who died in the county-run skilled nursing facility Edgemoor Hospital. The payment was the result of a lawsuit brought against the facility for the neglect of Stovall, who died under very suspicious circumstances (to say the least).

According to news accounts, in the early hours of May 30, 2010 the 50-year-old Stovall, who had a preexisting leg wound, fell out of his bed and on to the floor. His leg began to bleed profusely while on the floor, but he could not reach his call light. His roommates were alerted by his fall, and began using their own call lights to summon help. The nurses on duty did not respond. A half-hour later, a nursing assistant entered Stovall's room and found him on the floor in a pool of blood and with labored and erratic breathing.

Even after being discovered, Stovall did not receive appropriate care. It was nearly 15 minutes later that the nursing assistant called a supervisor, who, after assessing the situation, told the nursing home staff to call 911. When medics arrived an hour-and-a-half after Stovall's fall from bed, it was too late. He died minutes before they arrived.

The Stovall family hired attorney William Berman to investigate and prosecute a civil lawsuit against the County of San Diego for Stovall's death. Berman's investigation revealed a cover-up at the facility, which no doubt contributed heavily to the County's decision to pay such a large settlement.

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Posted In: Dependent Adult Abuse , Nursing Home Falls , Nursing Negligence , San Diego Nursing Home

San Diego Mother and Son Face Charges of Criminal Neglect of Disabled Adult

February 23, 2011 by Walton Law Firm
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Jeremy Marlow suffered from cerebral palsy and died at the young age of 28. But police believe that his death had nothing to do with his affliction, and everything to do with the way he was treated by his mother and brother in their El Cajon apartment. Deborah Marlow and her son Christopher Marlow will stand trial in June on charges of involuntary manslaughter in the death of Jeremy, who was living with the defendants at the time of his death.

An investigation was triggered when Christopher Marlow called 911 to report that his brother Jeremy was having trouble breathing. When paramedics arrived, they discovered an apartment full of rotting food, animal waste, and trash. In his filthy bed, paramedics found Jeremy weighing less than 100 pounds. He was taken to a local hospital where he died five days later.

In addition to charges of involuntary manslaughter, the defendants have been charged with neglect of a dependent adult causing great bodily injury, as well as charges of animal cruelty.

Source: SignOnSanDiego.com

The attorneys at Walton Law Firm provide free consultations to individuals and families throughout San Diego County who believe a loved one has been abused or neglected in the nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

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Posted In: Dependent Adult Abuse , San Diego Elder Abuse

Younger Patients Ending Up in Nursing Homes

January 12, 2011 by Walton Law Firm
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The Washington Post is out with an interesting article about a growing national trend - younger patients are ending up in nursing homes. According to the article, approximately one in seven nursing home residents in the United States is under the age of 65, a number that has grown significantly just in the last eight years. This development has raised all kinds of issues for the nursing homes that take these younger patients like Adam Martin, at 26-year-old quadriplegic who is living in a nursing home.

"It's just a depressing place to live," Martin says. "I'm stuck here. You don't have no privacy at all. People die around you all the time. It starts to really get depressing because all you're seeing is negative, negative, negative."

Older residents have their own issues with it as well, and frequently complain about loud music and rowdy visitors. And while most nursing homes try to house younger residents together, new steps are being taken to address this growing problem.

To read the entire Washington Post story click here.

The nursing home abuse and elder neglect attorneys at Walton Law Firm provide free consultations to individuals and families throughout Southern California who believe a loved one has been abused or neglected in the hospital, nursing home, assisted living, board and care, or home health care setting. Call (760) 571-5500 or (866) 607-1325 for a free and confidential case evaluation.

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Posted In: Dependent Adult Abuse , Southern California Elder Abuse

Abuse of Disabled in Nursing Homes Not Treated as Crime Study Says

June 23, 2010 by Walton Law Firm
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Disability Rights California, a non-profit that advocates for the rights of the disabled, recently released a report finding that the physical abuse of disabled adults in nursing homes are frequently not treated as crimes. The study analyzed 12 cases, including the following

• For months, a middle aged nursing home resident suffering from cerebral palsy with cognitive impairment was paraded naked and soaking wet in front of others after being forced by staff to take cold showers. Despite many witnesses, nothing was done.

• A disabled resident in his 40s was punched in the mouth by a staff member and then slapped, drawing blood. When he complained, it took days for the facility to report it to authorities. No charges were brought.

• An activity assistant in a nursing facility pushed two elderly residents in wheelchairs down the hall, causing them to slam into each other. When they stopped, they were left stranded.

• While assisting a disabled female resident with a bath, a male caregiver fondled her breasts. Despite complaining to the nursing home administrator, the facility assigned the aide to the same resident. The aid criticized the resident for telling on him.

Overall, Disability Rights California investigated the stories of nine men and seven women, age 41 to 97 years old, with physical, mental and cognitive disabilities, that were physically or sexually abused by nursing home staff. The physical abuse ranged from assault and battery, to sexual assaults, including allegations of rape.

“This is just the tip of the iceberg of hundreds of confirmed cases of nursing home resident abuse we see every year from Department of Public Health citation reports,” stated Leslie Morrison, one of the authors of the report. Experts estimate that for every case of abuse that is reported, as many five go unreported.

Incredibly, state and law enforcement investigators concluded that the reported incidents (half were never even reported) were not criminal, and were handled as employee concerns. In most of the cases, the only punishment was deficiencies or a small citation from the California Department of Public Health.

To read the entire report, entitled “Victimized Twice: Abuse of Nursing Home Residents, No Criminal Accountability for Perpetrators," click here. [.pdf]

Source: DisabilityRightsCA.org

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: Dependent Adult Abuse , Elder Abuse , Nursing Home Abuse and Neglect , Physical Abuse

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