Illinois Nursing Home Abuse Blog

The Lehigh Acres Citizen reports on a state Department of Children and Families that is taking a look at allegations of abuse at a local nursing home. Two nursing home residents have reportedly been recent victims of abuse at the Clare Bridge of Cape Coral facility.

According to police reports, a nursing assistant at the facility may be guilty of physically abusing residents at the nursing home. The allegations first came to light when relatives of one of the victims noticed bruises on the man’s face and nose. The official explanation was that the victim had fallen off a couch. However, other indications suggest that the injuries were actually a result of a punch to the face that eventually required hospitalization.

One employee is said to have provided a notarized statement about the abuse but backtracked following fears of losing her job. The staff member claimed that another employee was fired shortly after coming forward with abuse allegations.

Allegations of abuse and neglect are not new to the facility. In the last year alone, four different deficiencies of care have been uncovered by state agencies. Three specific inspections were conducted by authorities following complaints of abuse in that same time period.

Continue reading "Allegation of Elder Abuse Investigated By State Department" »

McKnight’s Long-Term Care News discussed a pilot program that seeks to improve the care provided by struggling nursing homes in four states—including Illinois.

The program is being conducted by the American Association of Homes and Services for the Aging after a grant provided by the Commonwealth Fund. The program will be operated under the sponsorship of AEANH—Advancing Excellence in America’s Nursing Homes.

The new effort will seek to increase the quality of care given to vulnerable nursing home residents at targeted facilities. Specifically to qualify for the program a home must be in an urban area and have a high minority population on Medicaid with serious health complications. Facilities that have been cited by regulatory agencies for quality and care breaches are the focus of the effort. Homes in Illinois, Ohio, Indiana, and Georgia are involved.

The program will attempt to increase repeated assignments for employees at these troubled facilities in an effort to reduce employee turnover. Organizers are hoping that consistent staff assignments will raise the level of care overall and improve resident satisfaction.

Continue reading "Pilot Program Seeks to Improve Troubled Nursing Homes In Illinois." »

The Journal-Sentinel Online reported on a new nursing home lawsuit filed by the family of a former resident who died early last year following a sexual attack.

The 90-year old woman was assaulted by another resident who officials at the Franciscan Villa nursing home knew posed an immediate danger to all female residents in the facility. The attacker was first found attempting to attack a resident in the dining hall. Staff members stopped that attempt and brought the man down the hall while finding medication to subdue him.

However, the employees left the attacker alone before giving him the medication.

It was at that time that the aggressive male resident entered the 90-year old victim’s room. He began sexually assaulting the vulnerable resident. The attack continued until staff members heard the victim’s screams and rushed to the room. Following the assault the woman suffered a downward heath spiral. The shock of the attack caused her to stop eating. She ultimately died only two and half weeks after the incident.

The facility refused even to apologize for the attack. The aggressor was not reprimanded but instead moved to a different facility.

Continue reading "Family of Nursing Home Rape Victim Sues Negligent Facility" »

The Chicago Sun-Times recently published a story exploring a growing a problem of contagious illness striking nursing home residents near Chicago.

Reports indicate that at least 129 nursing home residents have been infected with the stomach illness known as norovirus in recent days. At least six of those residents have been sent to the hospital for more advanced treatment following their contraction. Norovirus is a viral infection that causes vomiting, fever, and diarrhea.

The virus is often difficult to stop. It is capable of living for days on doorknobs, railings, elevators buttons and all surfaces that are often touched. The virus is resistant to cold and heat so it is capable of surviving in many situations.

The virus typically strikes in areas where many people are found living and working in close quarters. That is particularly true with those whose immune systems are weak—the young and the old. For those reasons nursing homes and schools are common breeding grounds for quick spreading of the illness.

One key to stopping the spread is cleanliness. Hand washing and other basic actions are often the main methods of stopping the spread of the problem.

Continue reading "Norovirus Affects 129 Residents in McHenry County Nursing Homes" »

The tragic events at the Alden Village North nursing home in Chicago have made headlines beyond the city. Now a federal probe will begin to more fully understand the causes of the problems at the children’s nursing home according to a recent story by the Chicago Tribune.

Recent investigations revealed a shocking pattern of abuse and neglect at the facility that houses children with disabilities. Several children at the home have died in recent years, and many of those deaths were never thoroughly investigated. Since 2000, thirteen children have died in cases resulting in state citations for either neglect or failure to investigate.

A local advocacy group, Equip for Equality has authority to obtain medical records from the facility. The group intends to do use that power to determine how often neglect was at the root of many of the recent deaths.

At the same time, the Illinois Department of Children and Family Services has decided to remove two residents from the facility over concerns about the facility’s ability to provide the proper care. Only very rarely has the state department taken this sort of step. Governor Pat Quinn has already placed a state monitor in the facility and is seeking specific legislative reform related to the care of these children.

Continue reading "New Federal Investigation Into Children Deaths At Alden Village North" »

Nursing homes are charged with providing complete care to vulnerable elderly residents. That means that nursing home employees must provide physical care (like helping residents get in and out of bed) as well as medical care. While advanced medical care requires the expertise of hospital professionals, nursing home staff members often still perform more routine tasks, like controlling resident medications.

Severe harm and even death often results when the employees are negligent when administering patient drugs.

That is exactly what happened according to a new nursing home lawsuit filed against the Woodland Care Center according to About Lawsuits. The wrongful death suit stems from the death of a resident at the facility caused by an overdose of a pain patch known as fentanyl. The medication was intended to handle the resident’s pain during his recovery from bone cancer. The fentanyl gel in question is 100 times stronger than morphine.

The medication is administered through a patch that is supposed to be applied once every three days. However, the nursing home staff caregiver failed to follow that directive. Instead three pain patches where used on the resident’s neck at once. As a result of the medication error the victim suffered cardiac arrest. He was found on the floor of his nursing home room and transferred to a local hospital where he died six days later.

Continue reading "Medication Patch Overdose Leads to Wrongful Death Lawsuit" »

The National Consumer Voice for Quality Long-Term Care (Consumer Voice) has long been the nation’s premier advocacy group for nursing home care. The group was founded in 1975 to represent the voice of the consumer at the national level advocating for needed improvement in the quality of service at long-term care facilities. The Consumer Voice seeks to advance public policy objectives, educate consumers with knowledge for personal advocacy, train those who support our nation’s seniors, and promote best practices for quality-care delivery.

The group recently announced the results of its 2010 Governing Board & Leadership Council elections. We are pleased to report that our own senior attorney, Steve Levin, was elected as one of the eleven new members of the organization’s Leadership Council.

This new group of leaders in the field of nursing home care was created as a result of a new governing structure established earlier this year to help move the group toward its next stage in development. The Leadership Council will work to provide advice on all issues related to the organization’s policy and program agenda.

Continue reading "Steve Levin Elected to Leadership Council for Consumer Voice" »

Many of our reports on this blog involve abuse and neglect of elderly residents at nursing homes. However, the sad reality is that senior citizens are abused in all different living situations, including when they are cared for by their own family members. Sometimes elder parents are even neglected by their own children.

The Times Daily wrote about one of those cases of family abuse last week. A 56-year old man was arrested and indicted for purposeful elder abuse and harassment. The victim was his 87-year old mother with whom the accused lived. Police were made aware of the problems after receiving several different complaints about the treatment the elderly woman was receiving.

Fortunately no physical abuse was involved, but investigators reported that the man controlled all aspects of his mother’s life—to her detriment. As expected, the controlling son has not been cooperative with the police and the victimized mother has attempted to defend her son. The complex mix of emotions involved in these inter-family abuse cases makes them particularly difficult

The local police chief explained, “He was controlling her world and keeping her isolated from everyone.”

Most egregiously, the abuser was preventing his mother from receiving the medical treatment that she needed.

Continue reading "Man Charged With Abusing His Elderly Mother" »

The Lexington Herald-Leader reported the news last week of a mammoth jury verdict handed down in a case of nursing home neglect. The verdict was reached against Harborside of Madisonville, an extended care facility in Hopkins County following the death of a 92 year old resident.

The resident in question maintained an active lifestyle for most of his life. A farmer, he was still planting crops at his home with his wife until the age of 88. After suffering a stroke, his wife cared for him at their home for 8 months. It was only then that the family decided more advanced care was needed. To receive that care they chose to admit the man to Harborside to be in the hands of what they thought were professional caregivers.

He didn’t last long at the facility.

The victim only stayed at the negligent nursing home for a total of nine days, from March 25th 2008 until his death on April 5th 2008. The family of the resident filed a wrongful death neglect lawsuit against the nursing home the following year. The suit contended that staff at Harborside neglected the man in the few days while he was in his care; that poor service ultimately lead to his death.

Specifically it was contended that staff members failed to treat the victim in a variety of ways. They improperly managed his feeding tube, causing him to suffer severe dehydration and malnutrition. In addition, the resident was found suffering from infections and bedsores at the time of his passing.

Continue reading "$42.75 Million Awarded To Family Following Nursing Home Neglect" »

The Ames Tribune reported last week on new allegations of sexual misconduct at an Ames, Iowa nursing home. The state department charged with inspecting the nursing facilities noted a new regulatory violation in September—only the latest in a string of problems at the nursing home.

The nursing home, Abington on Grand, was recently fined by the state for its latest violations. Specifically, staff at the facility completely ignored inappropriate sexual activity between two residents—seeming to find humor in the event. In one instance, two staff members were laughing while telling a third employee to examine one resident’s room. Upon entering the room the employee saw two residents naked from the waist down, engaging in compromising sexual activity. Both the male and female resident had been declared cognitively impaired, unable to make decisions for themselves.

Besides that instance there were dozens of other reported issues involving inappropriate sexual activity between residents. The nursing home had no policy in place to deal with resident-to-resident sexual behavior. Also, staff members had never been trained in the appropriate way to handle these events.

The complete disregard of regulations seems to be a pattern at the facility, with problems repeatedly documented by state investigators. In 2007 the nursing home was named one of the 54 worst facilities in the country by the Centers for Medicare and Medicaid Services.

Continue reading "More Problems of Sexual Misconduct At Iowa Nursing Home" »

As many seniors reach a certain age their risk of suffering an injury while alone slowly increases. This presents a particularly potent danger because it is in those circumstances when they are out of the reach of the immediate assistance. That is exactly why many seniors end up in nursing homes--so that they can be assured of having close, consistent contact with caregivers. However, as we have often documented on this blog, far too often many nursing homes fail in even this basic regard, providing inadequate oversight of residents leading to their injury and death.

There is never any excuse for a nursing facility's failure in that regard. That is true now more than ever as advances in technology have allowed for even more methods of monitoring the activity of vulnerable seniors. These monitoring systems provide warnings any time that help may be needed. CNN News recently published an article that discusses new technology that is being used to help care for elderly Americans. Sensors monitors are now used to track the daily activity of many nursing home residents and senior Americans who live on their own.

The monitors are growing in popularity. They currently allow tracking of wide variety of information, from when seniors take medications to when they use the restroom or enter the kitchen. The information is relayed to friends, family, medical professionals, or any others who the senior may want to be involved in helping provide care. Different sensors are placed throughout a senior’s living space, allowing for real-time safety checks at all times.

Continue reading "Sensor Monitors Help Seniors Live Independently & Safely" »

Part of $17.7 M Settlement Obtained by Levin & Perconti for Brain Injured Client

On Thursday evening, the University of Illinois Board of Trustees approved a $16.2 million settlement, part of a $17.7 million settlement, for our client, George Nissen, who suffered a devastating brain injury while under the care of nursing staff at the University of Illinois at Chicago Medical Center (UIC). Chicago injury lawyer Steve Levin, along with associate Margaret Battersby, represented George, now 47, in the medical malpractice lawsuit.

George, a former Stone Park, IL police officer, sustained a brain stem herniation when UIC hospital staff failed to monitor his intracranial pressure (ICP) during an external ventricular drain (EVD) challenge. As a result of the nursing staff’s negligence, he now suffers from quadriplegia, cannot eat , and can only communicate to family, friends and caregivers through eye movements and head shaking.

The lawsuit alleged that during this challenge, nursing staff failed to properly monitor George's intracranial pressure. During an EVD challenge, nursing staff must closely monitor a patient’s ICP to ensure that it does not exceed acceptable limits. When a patient’s ICP level gets too high, a nurse must notify a physician. Throughout the night, George's ICP was at dangerous levels, but his caregivers failed to recognize these changes in his neurological condition.

“As a result of this negligence, George’s ICP level dangerously elevated, his neurological status declined, and his physicians were not notified until he had already suffered catastrophic injuries,” said attorney Steven Levin.

“The settlement was reached on the eve of trial,” added Steve. “Now that the Board has approved the settlement, the family must wait for the Court to approve the settlement order. This should occur in the coming weeks.” In addition to the $16.2 million paid by UIC, a defendant nursing agency will also pay $1.5 million.

Click on the link to read the full press release announcing this medical malpractice settlement.

Continue reading "UIC Hospital Board Approves $16.2 Million Medical Malpractice Settlement" »

Mercury News reported on Wednesday on a new lawsuit filed against a negligent nursing home. The victimized resident was brought to Sunshine Villa Assisted Living in April. She suffered from dementia, which was one of the main reasons why her sons felt she needed close care at an assisted living facility. In addition, the 74 year old resident liked to take walks, so her son paid additional money for a monitoring device known as a WanderGuard to cut down the risk of his mother unknowingly getting herself into trouble.

Her two sons made the nursing home staff members perfectly aware that their mother’s walking habit with dementia made it vital that she be closely watched. His mother was nervous when she arrived on the first day; she expressed concerns about wanting to leave. Her sons considered taking her back, but they were reassured by nursing home staff that good care would be taken of their loved one. The sons stayed with their mother for most of the first day to reassure her—leaving the facility around 5pm. The last time anyone saw her alive was a half hour later at 5:30pm.

The resident was unaccounted for the next five hours. It wasn’t until 10:30pm that nursing home staff members discovered she was missing. They called her sons, and a search was conducted. The resident was missing for three days. She was eventually found dead outside in the community. She had suffered from hypothermia and exposure.

It is clear that the nursing home failed on multiple fronts to provide the care the dementia resident needed in this case. They failed to ensure that the resident was wearing her monitoring device, didn’t have auditory monitoring devices on the exits, improperly trained staff to prevent wandering, and didn’t have any set plans or policies to handle dementia patient risks.

Continue reading "Nursing Home Allows Dementia Resident To Wander Leading To Her Death" »

In many ways, it is difficult for a consumer to easily find much of the important information related to nursing home and assisted living care in their area. For example, it can be tricky to clearly discover information about past instances of bad conduct at a facility. Also, there is no uniform standard to which each state holds its assisted living facilities. Laws and rules surrounding quality of care, resident rights, minimum safety standards, medication control, and other matters are all different depending on location.

However, the LongTerm Community Care Coalition has compiled the various rules and regulations into a new overview compiled from the results of a new 50 state survey of assisted living laws. The project focuses specifically on the ways in which individual states monitor the facilities within their borders. This new report helps fill the current void for this particular type of information—it has never previously been captured in this manner. The information is shared in detailed charts that outline state requirements like licensure, government inspections, availability of inspection findings, remedies available for violated residents, and related requirements.

In that way, this new report provides critical information for anyone interested in ensuring that seniors and other assisted living facility residents are safe, treated with dignity, and maintain a reasonable quality of life.

Continue reading "New Nationwide Survey Available On State Assisted Living Regulations" »

My Fox Chicago recently shared more information with its readers about the “junk joints” made by DePuy that continue to affect thousands of patients who underwent joint replacement surgery. Thousands of patients, many in nursing homes, may have been affected by the defective joints.

The story several victims. One man decided to have a metal hip implanted in his body after suffering sharp pains every time he bent over. As a lifetime sports addict, his body had been punished over the years—it had finally caught with him. However, while the doctor told him that the implant was supposed to last at least 15 years, he began having trouble with the hip implant within one year. He was struggling to move the hip and was in extreme pain.

Eventually his doctor discovered that his newly installed hip implant was defective. He was forced to have another risky surgery to replace it.

Thousands of other patients have a similar story to share. The article also discussed a female patient whose implant began flaking metal particles. The particles traveled into her bloodstream, leading to pain and swelling. After two corrective surgeries and a four day stint in the hospital, the ordeal was still not over. She suffered complications following the surgery. In one particular harrowing ordeal her whole body began to swell and turn black and blue. She was rushed to the emergency room where it was discovered that she had contracted a dangerous staph infection caused by pneumonia. She is lucky to have survived.

These victims represent only two out of thousands who suffered tremendously because of defective DePuy hip implants. As we have discussed often on this blog, nearly 100,000 of the implants were recalled by the company in August after evidence continued to mount regarding the extreme danger the product presented to patients. Many of the patients who have suffered complications from the product likely have irreparable harm to their bodies. Each time a join is redone some bone is lost.

Perhaps even more frustrating is the lack of clear answers on why the product was been defective in the first place and how the company allowed so many patients to face complications. Also concerning is the fact that there is no standardized tracking system in the United States for joint implants—other countries require such tracking. Those nations have seen the rates for revision surgeries drop by as much as ten percent as the lists allow defective devices to be identified much earlier.

One surgeon explains the problem, “If Maytag can track their washing machines…we should have the ability to track all major orthopedic implants, where they go and when they’re removed.”

Continue reading "Depuy Hip Recall Continues To Affect Thousands" »

Two of our Chicago nursing home lawyers at Levin & Perconti filed a nursing home negligence lawsuit today against ManorCare at Elk Grove Village. The suit was filed on behalf of a nursing home resident victimized by the facility’s inadequate care—Margaret Mock of Schaumburg.

Margaret was 76 when she was admitted to ManorCare in August of 2009, about 15 months ago. She decided to move into the facility to rehabilitate from recent surgery she underwent following a fall at her home. She had broken her wrist, elbow, and hip in the accident. Before the home fall Margaret was able to walk on her own with a walker.

The nursing staff at ManorCare was alerted to the fact that Margaret was at risk for a fall. Obviously because she was at the nursing home specifically to recover from a previous fall, it was imperative that the nursing home staff ensure that Margaret not suffer another fall. Unfortunately, the facility did not that that responsibility very seriously—no care plan was created to safeguard her against the risk of fall. At the very least, it would have been normal protocol for a process to be put in place to transfer her safely to and from her wheelchair.

The lack of care taken ultimately led to a serious fall only a bit over a month after arriving at ManorCare. On September 26, 2009 Margaret fell while a nursing assistant improperly transferred her from her bed to wheelchair. The consequences of the fall were severe. She broke her leg in two places, and was unable to undergo surgery to repair the injury because of her already weakened condition.

Continue reading "Negligence Lawsuit Filed Against Chicago-Area Nursing Home: ManorCare at Elk Grove Village" »

We continue looking at the latest report of Illinois nursing homes that have been found to have violated basic laws concerning resident health, care, and safety. Camelot Terrace, a nursing home in Streator, recently received several Type “A Violations from the Illinois Department of Public Health and fined $25,000. The violations resulted in part from the facility’s failed response to potential abuse

The nursing home’s abuse prevention plan requires that potential abuse of a resident by anyone in any form be reported immediately to the facility’s nursing director and then, subsequent an investigation, the proper legal authorities if necessary. While the nursing director is conducting an investigation into the allegation, steps were supposed to have been taken to ensure that the abuse could not continue. However, state authorities discovered that Camelot Terrace employees failed to follow this vital protocol.

One resident was discovered to have bruising around her thighs, anal area, and perineum—injuries that she did not have the night before. A certified nursing assistant informed the Director Nursing at Camelot Terrace of her concerns about the resident’s family member who was with the resident in the interim, claiming that the family member is “always messing around with her.” The assistant was also concerned that the family member was attempting to move the resident in the improper manner—without a mechanical lift.

Other staff members also reported the resident was clearly scared any time that particular family member came to visit. They also remember additional injuries to the resident any time the family member was around. Later a nursing home employee recalls seeing the man leaving the resident’s room after being in there alone; he was zipping up his sweatshirt and visibly sweating.

As of the issuance of the citation for these issues, the aggressor had still not been contacted, questioned, or additional protection provided to the resident.

For some reason, the clear signs of sexual and or physical abuse at the facility were not considered worthy of more thorough investigation. In all circumstances, a logical, necessary response to the potential crime would have been to contact police officers immediately, seeking treatment and protection for the victim.

Continue reading "Illinois Nursing Home Violation: Camelot Terrace" »

McKnight’s News recently reported on funding developments at the U.S. Department of Health and Human Services that will provide support for groups seeking to improve the quality of care at nursing homes. The Agency for Healthcare Research and Quality said it will give $34 million to different research projects working to prevent medical-care-associated infections at nursing homes and similar facilities.

The funding project is a joint effort from the Health & Human Services Agency, the Centers for Medicare and Medicaid, National Institute of Health, and others. The impetus for the research is the realization that while there is growing information about the spread of infections in hospitals, there is much less knowledge of the spread of these infections at long-term care facilities like nursing homes.

As the director of the managing agency explained, “With these new projects we can apply what has worked in reducing infections in hospitals to other settings and ultimately help patients feel confident that they are in safe hands.”

The need for improvements in this area is well-documents. The Center for Disease Control and Prevention has estimated that over 2 million cases of these types of infections strike residents each year—leading to over 100,000 deaths. These are infections that a patient contracts while at a facility due to the contagious nature of many of these spaces. In other words, bring many sick individuals together in one place makes it vital for a facility to take extreme precautions so that the one patient’s sickness does not spread to others. For too often residents seem to be on the road to recovery from other ailments until they contract an infection while at a long-term care facility. The complications from those nursing home infections are often deadly.

Continue reading "Health & Human Services Agency To Provide Millions to Prevent Nursing Home Infections" »

WKBT News recently discussed the latest lawsuit filed following a string of abusive conduct at the Evangelical Good Samaritan Society of Albert Lea nursing home. This is the 7th lawsuit filed which charged the nursing home with failure to properly monitor its employees, leading to abusive behavior by several nursing home assistants.

An investigation in May of 2008 revealed the abuse carried out against dementia and Alzheimer’s patients. One of the abusers has already been sentenced to three months in jail while another is awaiting sentencing.

The abuse was carried out unabated over the course of four to six months. It included sexual groping of the residents and repeated physical beatings. The teenage assistants also went so far as telling one particular resident that the facility was actually a prison in an attempt to confuse and torment the mentally impaired elderly victim.

Dementia and Alzheimer’s patients are often particularly susceptible to physical and sexual abuse because of their impaired mental awareness. Their vulnerability makes it vitally important that all employees working with these residents are screened to ensure they have no ill motives. It is unacceptable for a single facility to have created a culture in which several assistant felt free to commit these repeated examples of elder abuse. Administrators must ensure that employees are properly trained and closely monitored so that that no abuse or neglect occurs. Their failure to do so can have devastating effects.

Continue reading "Seventh Lawsuit Filed Against Abusive Nursing Home" »

Earlier this week we reported on the latest move by the Illinois Attorney General’s office to permanently shut down the Bowes Retirement Center. The facility had previously been charged with operation without a license, and several other quality of care violations. Yesterday officially saw the end of the situation, with the filing of an injunctive order by Illinois Attorney General Lisa Madigan.

The Courier-News explains that this latest move means that the now empty facility will never reopen its doors to new residents—permanently preventing the re-opening of the facility as an unlicensed nursing home.

Problems at Bowes have become well-known over the last two years amid increased attention to repeated health and safety problems at the Chicago nursing home. The violations included neglect of the elderly residents and unsanitary living conditions.

The issues reached a turning point when a state lawsuit charged the facility of operating as a nursing home without a license. Bowes claimed to provide living quarters for independent adults—distinct from nursing homes which provide more direct, intimate care to the residents. The state, however, discovered that the facility was in fact providing several residents with assistance bathing, eating, and taking medications. That hands-on care requires specific state licensing and cannot be performed by a facility that claims to cater only to independent adults.

With the final order, the facility will begin the stages of complete shut-down. A professional liquidation company has already been named caretaker of the property to prevent its destruction by vandals and prepare the location for sale. The Attorney General’s office will also monitor the previous owners of the facility to ensure that they do not open a new facility without a license.

Continue reading "Bowes Retirement Center Now Officially Closed" »

Nursing home abuse almost always conjures images of senior citizens suffering at the hands ineffective and dangerous staff members or fellow residents. However, in reality, abuse at these facilities occurs in many forms and includes many types of victims, even children. In particular, many children with developmental disabilities currently live in nursing homes, and they often fall victim to deadly inadequate care.

One of the most tragic cases of abuse of children at these facilities occurred in Chicago at Alden Village North. As Lawyers and Settlements reports, over that last 10 years, 13 children have died at the nursing home.

Many of the facilities’ problems stem from its drive for profits, leading to staffing shortages and loose internal regulations. For example, two 4-year olds died in a three week period after suffering breathing problems. Alden Village staff members were supposed to have heard the nursing alert sounds that were activated throughout the facility to warn of the breathing problem, but they didn’t anything. Some of the alarms were incorrectly installed; other had the volume turned down so low that they were virtually worthless.

The Illinois Department of Health has issued over $190,000 in fines against the facility over the years, but the nursing home has only paid about $21,000 of those fines. In addition, currently regulations do not even require the facility to investigate the deaths of children at its homes. Clearly the current public law and regulatory agency rules are insufficient to fix the problems at Alden—private actions against these negligent facilities are required.

Continue reading "Alden Village North Accused of Nursing Home Abuse in Chicago" »

A newsletter that follows the latest happenings in the world of mass torts and product liability problems recently discussed the litigation surrounding the DePuy hip implant recall.

Over 93,000 implants were recalled at the end of August this year after its metal-on-metal hip implant system was discovered to fail at a much higher rate than usual. The malfunction caused metallic particles to enter the patient’s body, leading to bone and tissue problems. The problem requires a painful and risky revision surgery. As a result, anyone who has had a hip implant with the DePuy ASR XL Acetabular System and ASR Hip Resurfacing Systems may have a legal claim against the company for the problem with the medical device.

However, the company is attempting to limit its payment and gain the upper hand in legal matters by having patients unsuspectingly sign consent forms which provide the corporation with valuable information about a patient’s case before the lawsuit is even filed. The company has sent letters to orthopedic surgeons who then pass along the consent form to the patient. The letter asks patients to contact DePuy to receive a claim number. In the most egregious cases, the surgeon has appeared to require patients to call DePuy before scheduling the follow-up appointment.

This misleading attempt to obtain patient information in order to get the upper hand in litigation should be rejected. Any patient who has already signed the consent form can waive the consent at any time by writing to the organization or person to whom they gave consent. The group asking for the consent may be “Broadspire,” an organization working with DePuy to send out the consent forms.

Continue reading "Important Information For DePuy Hip Implant Patients" »

AboutLawsuits.com reported last week on the end of a nursing home trial involving a resident killed by negligent care. The jury ultimately awarded the family of a former resident over $600,000 for the events surrounding his death.

The lawsuit was filed by a family against the Retama Manor Nursing Center. The nursing home victim died in 2007 after being treated for bedsores (pressure ulcers) that had gone untreated by the nursing home staff. Bedsores are skin lesions caused by constant pressure on bony areas of the body—these damaging ulcers are almost always preventable when care is consistent and proper. However, when nursing home residents are not moved frequently and have poor nutrition and hydration, the sores are quicker to develop.

Even more, the family discovered that the employees of the nursing home falsified medical records to make it seem as if their family member had been checked on more than he actually was. It was also claimed that the victim was suffering from malnutrition and dehydration while supposedly being cared for by nursing home staff members. All of the negligent care was due in large part to the understaffing at the facility, caused by the owner’s drive for maximized profits.

Our Chicago nursing home lawyers at Levin & Perconti have fought for decades for victims of neglect just like this one. Many of the most common signs of poor nursing home care were exhibited here: bedsores, malnutrition and dehydration, and understaffing. Of course, when employees attempt to falsify medical records at a facility, it becomes increasingly difficult to prove misconduct. It is often a real struggle to get at the truth in these situations, which is why it is vital to contact experienced nursing home lawyers to help if you or a family member has been hurt by poor care at one of these facilities.

The flood of lawsuits against DePuy Orthopaedics (a Johnson & Johnson company) continues as Cinnincati News.com reports of another suit filed against the medical device corporation.

The class action lawsuit was filed late last week on behalf of a several individuals who had hip implant surgery with the ASR hip replacement device made by DePuy. One of the class representatives in the suit has suffered extreme complications following the implant. Since having the surgery she has experienced excruciating pain in the hip and will need revision surgery.

As we have reported often on this blog, DePuy issued a recall of nearly 100,000 of its hip implantation devices following revelations that the devices failed at very high rates. Our Chicago nursing home attorneys at Levin & Perconti continue to follow the situation, because many seniors in the area may have been affected by the problems with the device. The metal-on-metal implant was found to cause friction that sends small metal fragments into the surrounding bone and tissue of the patient. The resulting complications cause extreme pain to the patient and require risky revision surgery to correct.

The British study which spurred the recall determined that many more patients than usual suffered the complications from the DePuy product. Since then, many lawsuits have been filed on behalf of the victimized recipients of the devices. The suits have alleged, among other things, that the company was aware of the problematic design of the hip implant long before it actually decided to issue the recall. The poor design and delay in correcting the problem has led to many problems for thousands of patients.

The attorney in the latest lawsuit explains, “DePuy refuses to accept fundamental financial responsibility. It wants patients and their insurance companies to pay for medical tests required because of DePuy’s bad hips.”

If you or someone you know has had a hip implant surgery in the past several years, be sure to contact a product liability lawyer immediately to learn about the DePuy hip recall situation.

The Courier-News published a story yesterday on the latest legal steps in an ongoing battle to ensure that Illinois nursing home residents receive the best care possible. The state of Illinois requires all nursing homes to be licensed to ensure that the facility meets the many requirements put in place to hold the quality of care at these centers at an appropriate level.

However, often in a quest for profits companies attempt to skirt the legal requirements. For example, one such facility was recently closed by officials from the Illinois Attorney General’s Office last year—the Bowes Retirement Center in Kane County. The nursing home was shut down a month ago after a long string of problems at the facility like unsanitary conditions and elder neglect and abuse.

The final straw for the facility came when officials discovered that Bowes was operating without a license as a nursing home but instead claimed to be a “retirement center” that did not need a license. In truth, many of the residents needed assistance bathing, and eating, and other actions common in senior nursing facilities. It became clear that the owners of the facility were attempting to avoid the nursing home law and its mandates.

After closing the facility, state officials are now working to ensure that the owners Bowes are not able to repeat their elder abuse and neglect. State officials are waiting judgment on their motion for an injunction against the former owners preventing them for operating another unlicensed nursing home.

Ensuring proper care at all Chicago nursing homes is the goal of our nursing home attorneys at Levin & Perconti. For more than two decades our lawyers have learned of countless cases of abuse, neglect, and mismanagement at Chicago-area nursing homes. Far too many of vulnerable elderly seniors have already suffered at the hands of those who care more about making money than providing proper elder service. If you or someone you know has fallen victim to inadequate nursing home care, please get in touch with a nursing home lawyers today.

The effects of the massive recall of hip implantation devices made by DePuy Orthopaedics continue as more individuals have filed lawsuits after suffering complications with the defective devices. Our Chicago nursing home lawyers at Levin & Perconti are closely following the developments of the situation as many nursing home residents in the Chicagoland area may have been affected by the problematic pieces of medical equipment.

DePuy Orthopaedics, a division of Johnson & Johnson, recalled many of the ASR hip implant systems after data from the National Joint Registry showed that 1 in 8 patients needed corrective surgery within five years following hip implants surgeries with one of those devices. However, information has revealed that the company was aware of the problem long before the joint registry issued its reports—perhaps years earlier. However it waited before issuing the recall, allowing thousands more patients to be fitted with the defective and damaging medical device.

Typically, these hip implant systems are supposed to last 15 years before needing any corrective revision. Over 93,000 patients have received the defective hip implant devices since its creation and prior to the recall. The problem with the device centers on its metal-on-metal ball and socket design. The wear of the system creates microscopic cobalt and chromium debris which causes damage to the bone and tissue it contacts.

The Star Advertiser reported on the latest lawsuit involving a Hawaiian woman who filed suit this week. The victim had hip implant surgery over a year ago, but she began suffering pain in the hip a few months after the surgery. She continues to endure the pain, which causes her to be in constant pain and struggle to get to sleep at night. Following the DePuy recall this August, she is finally scheduled to have replacement surgery next month to help correct the problem.

Tens of thousands of other patients, many of them nursing home residents, may have been affected by the defective medical device without yet being aware. If you or a loved one, has had a hip implant, be sure to contact your doctor to learn more about the status of your implant. If complications arise or if you experience pain or other problems with the implant, make sure to seek legal advice from an experienced product liability lawyer to ensure your rights are protected.

Our Chicago nursing home lawyers at Levin & Perconti most commonly work with victims and their families following deadly medical complications or injuries that a nursing home resident suffers following abuse and neglect by the facility. However, while that might be the most common form of elder neglect that actually makes it to the courtroom, there may be other forms of abuse that occur just as frequently (if not more). One such problem is the misuse, exploitation, and downright theft of elderly financial resources.

For example, WSLS 2 News reported last week on a tragic example of financial exploitation by a former social worker. The 36-year-old abuser had spent time working for several different elderly patients. One of those patients, an 89-year old woman, ultimately had her bank account drained of almost $25,000 during a ten month period in 2009. Shortly after, the worker then used her role to take more nearly $9,000 from another elderly resident in her care. Authorities believe that the criminal used the funds for a variety of personal items like cloths and groceries.

In another care the same social worker abused her position as caregiver for a dementia patient. She wrote checks to herself without the patient’s consent and used the victim’s ATM card. The worker even went so far as lying to bank authorities to acquire new checks for the woman and then using those checks for personal items.

The US States Attorney prosecuting the case explained, “Rather than safeguarding the resources of the elderly victims who put their trust in her, [the social worker] stole from them…Her actions were despicable and call for a harsh response.”

Far too often the rights of these vulnerable victims are never discovered or vindicated. All community members need to remain on the look-out for possible abuse of the seniors around them to ensure that elder abuse in all forms is stamped out.

Citizen’s Voice recently published a letter to the editor explaining the positive outcomes following the creation of an Elder Abuse Task Force.

The Chairman of the task force explained that their area has a high (and growing population) of citizens over 65 years old. However, too few people are aware of the abuse suffered by many of those citizens. From physical violence and financial abuse to sexual exploitation and general neglect, too many seniors and nursing home residents face daily challenges that no one should bear.

To help confront those problems, the community formed the task force, and has accomplished much in the three years of its existence. The force is focused on prevention, education, identification, and prosecution. A wide variety of individuals have signed up for the group, like local district attorney, members of the police departments, and many social service agencies. The group has already sponsored four training programs related to elder care and abuse. In total, many professionals have participated in the programs, demonstrating their commitment to improving the life of suffering seniors throughout the country.

Our Chicago nursing home attorneys at Levin & Perconti are encouraged by all efforts that bring community members together to tackle the growing problem of elder abuse. Simply raising awareness of the problem is one of the biggest hurdles to jump in the struggle to ensure no senior faces unneeded pain and suffering at the end of their lives. No matter where seniors are abused, in nursing homes or elsewhere, there is no excuse for not taking action to stop it. Please contact an elder abuse attorney if you know of someone who has been victimized in this way.

We continue looking at the latest report of Illinois nursing homes that have been found to have violated basic laws concerning resident health, care, and safety. The Alden Alma Nelson Manor, a nursing home in Rockford, recently received several Type “A” Violations from the Illinois Department of Public Health and fined $15,000. The violations resulted from improper emergency responses following the sexual abuse of several nursing home residents.

Specifically, state health officials discovered at least three instances where staff members failed to keep residents from being sexually abused by another resident. The attacking resident had previously been diagnosed with Bipolar disorder and post traumatic stress disorder. He showed clear signs of verbal abuse, physical abuse, and socially inappropriate behavior. Staff members were also aware that the resident’s physical size (over 6 feet tall, weighing roughly 230 pounds) made him an imposing figure to more vulnerable residents.

On at least three occasions members of the staff at the facility caught the resident having inappropriate sexual relations with other residents. However, following none of those incidents did the facility call police or emergency personnel. Instead, they simply talked with the abuser’s probation officer and asked about removing him from the facility.

Of course the delay in removing the aggressive assaulter meant that he had continued time to roam the facility attacking other vulnerable residents.

For some reason, the clear sexual, criminal abuse at the facility was consider unworthy of immediate police intervention. In all circumstances, a logical, necessary response to the crime would have been to contact police officers immediately, seeking treatment or the victims and protection for all other residents.

Our Chicago nursing home lawyers at Levin & Perconti have experience fighting for victims of negligent nursing home care. It is imperative that these facilities treat residents with the same respect, protection, and concern that all members of society deserve. There is no excuse for not immediately contacting criminal authorities when nursing home residents are victimized—whether the abuser is another resident, an employee, or a third party. Be sure to contact a nursing home attorney if you know of violations like the one here.

The Illinois Department of Health produces quarterly reports on nursing home violators. To access the IDPH report on this violation, please click the link.

This blog frequently includes the latest examples of blatant, deadly nursing home abuse. Our Chicago nursing home attorneys at Levin & Perconti work each day on that battlefront fighting for the rights of residents and their families and trying to ensure that these facilities take steps to change their ways. When facing large business conglomerates it is important to have expert, experienced legal veterans on your side helping to hold these companies accountable.

However, another hidden problem of elder abuse often involves seniors who are victimized in other locations, often by their own relatives who are entrusted with their care. A recent, horrific example was reported at the end of last week by the Daily Comet. A woman was arrested on Thursday and charged with cruelty to the infirmed for her treatment of a live-in relative.

When called to the home, authorities found the 69-year old woman living in a small wooden shed that was attached to the home. This single wooden room reported was “in disarray, filthy and smelled of urine and rotting flesh.” The woman was found on a sheet-less vinyl mattress in her own urine with other bodily fluids crusted on the bed. At a local hospital, she was found to have sores exposing bone and tendons, a broken hip, and a broken femur.

The victim had not been moved in some time and appeared confused and unclear about her surroundings. Police later discovered that the woman had not been given her medication in weeks, with her supposed caregiver only explaining that “it wasn’t her job” to take care of the victim.

Steve Levin, one of the founding partners of our nursing home law firm of Levin & Perconti was recently the legal commentator on an episode of the RocketLawyer’s podcast. In it, Steve discussed various legal issues that may affect everyone at one time or another.

He began by providing advice on a legal concept known as “assumption of risk.” The issue involves the possible circumstances where an individual may not recover for an injury if they specifically sign something where they admit to knowing that there is chance the activity may result in some personal harm. Steve explained that it is obviously important to fully read and understand all documents that you sign to ensure that you are not agreeing to something that you shouldn’t.

In the nursing home context many residents and their families are forced to sign documents when entering a nursing home—often called a “negotiated risk agreement.” The facilities often use these agreements to try and avoid liability when a resident suffers an injury at the facility by having the signers waive their right to sue under certain circumstances.

Of course, under certain circumstances a court may allow a victim to pursue legal actions even where a something like a negotiated risk agreement was signed. Our attorneys often help residents sue nursing home violators regardless of these agreements when the nursing home has breached a standard of care or violated some governmental regulation leading to the resident’s harm.

However, it is precisely because many nursing facilities attempt to challenge resident’s right to sue that it is important to consult with nursing home lawyers for all matters related to injury or death of a resident. The attorneys at our firm have been helping residents and their families for over 25 years with these matters. Each day we continue to fight to ensure that facilities that break the law or provide inadequate care to residents are held responsible and forced to change their ways.

Please Click Here to listen to the entire podcast.