March 4, 2010

Chicago Nursing Home Abuse Lawyer Steve Levin Quoted about “Angel of Death” Case

The Chicago nursing home abuse lawyers of Levin & Perconti filed an amended complaint in the McHenry County Circuit Court yesterday in a lawsuit against Woodstock Residence. Our attorneys represent the family of Virginia Cole in a civil lawsuit against the nursing home and two former employees. The original complaint alleges that the nursing home and named employees administered lethal doses of morphine that led to Cole’s death at the age of 78. The amended complaint adds the medical director at the time of Cole’s death as a defendant, alleging that the director was negligent in his care of Cole. The complaint alleges that the medical director diagnosed Cole incorrectly, neglected to determine if she was in pain before he ordered morphine and failed to make sure the nursing home was handling controlled substances, such as morphine, properly.

According to Illinois nursing home attorney Steve Levin, the lawsuit does not allege that the named medical director was aware that employees were giving Cole and other nursing home residents unneeded doses of morphine, a narcotic pain killer that is used to treat severe pain. The medical director was also named in a wrongful death suit that was filed on behalf of another Woodstock resident whose death is in question.

In addition to the civil wrongful death lawsuit, a criminal lawsuit has also been filed against the two former employees. We will continue to provide news and information on the “Angel of Death” case in McHenry County as it becomes available. To read the Northwest Herald’s coverage of the nursing home lawsuit, click on the hyperlink.

March 1, 2010

Chicago Nursing Home Abuse Lawyers: Wandering and Elopement Causes Great Worries in Illinois Nursing Homes

Wandering and elopement has become a great problem in nursing homes throughout the country. When patients are not properly monitored they can leave the securities of their facilities and find themselves without guidance in the outside community.

The Chicago nursing home lawyers at Levin & Perconti have filed many lawsuits on behalf of the victims of wandering and elopement and have won favorable verdicts. For example, our attorneys helped a victim obtain a $950,000 settlement against the American Baptist Homes of the Midwest. This case involved an 85-year-old woman with dementia who was allowed to wander outside and freeze to death. This same fact pattern occurred in a case against Manorcare Health Services. In that case, Levin & Perconti helped the family of a 75-year-old victim receive an $825,000 settlement. Once again, the victim was wandering in the bitter cold and died of hypothermia. Wandering unfortunately has become all too common in nursing homes.

A nursing home can take measures to minimize elopement exposure. The first way is to establish a written elopement risk-management plan. They can also establish written screening criteria for identifying residents who may become potential elopers. By keeping normal exit alarms and making sure that all stairwells are alarmed, most nursing homes can help reduce wandering. Finally, the staff should be quick to investigate any activated door alarms. Nursing home staff should be trained to closely monitor the whereabouts of all of their patients. To learn all the ways that nursing homes can diminish wandering and elopement please click the link.

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February 26, 2010

“Angel of Death” Defendant Receives Assistance in Nursing Home Neglect Case

The Northwest Herald recently reported that the State of Illinois will give Penny Whitlock $10,000 to pay for a defense expert witness. Whitlock is accused allowing another staff member to administer fatal doses of morphine to residents at Woodstock Residence, a Woodstock, IL nursing home that is now under new ownership. Recently, the defendant testified that she has spent over $100,000 to defend herself in court. The State of Illinois’ financial assistance would pay for an expert forensic toxicologist to testify.

The Daily Herald reports that Whitlock faces five counts of criminal neglect and two counts for obstructing justice. She is accused of failing to report that another staff member, Marty Himebaugh, was giving residents high doses of morphine. She is also accused of allowing Himebaugh to administer the drugs. The McHenry County prosecutor asked that she be held responsible for paying the county back if she is convicted.

The Illinois nursing home neglect attorneys at Levin & Perconti represent the family of one of the residents whose death is in question. Our attorneys filed a civil lawsuit against the nursing home, alleging that the nursing home's administration was aware that staff was administering morphine to residents without an order or outside prescribed parameters. As a result, our 78-year-old client died. We will continue to update our nursing home blog with related stories as both the civil and criminal cases unfold. To read the Daily Herald’s report on the Woodstock Residence case follow the link.

February 8, 2010

Chicago, Illinois Nursing Home Abuse and Neglect Attorney Steven Levin on Nursing Home Safety

Chicago nursing home attorney Steven Levin wrote to the Chicago Tribune to praise them for their commitment to uncovering nursing home abuse. He applauded the Tribune’s efforts in raising public awareness of Chicago nursing home abuse. Attorney Levin believes that there is a critical need for adequate staffing in nursing homes to protect residents from harm or abuse. When nursing-home owners focus on census over patient care, nursing home negligence ensues. Care workers must be sufficiently trained to create an environment void of physical and sexual abuse. Steven Levin urged readers to contact their respective state representatives to demand legislation that provides minimum staffing standards for Illinois nursing homes. This will help avoid Chicago nursing home abuse. To read the entire letter to the editor, please check out the link.

January 14, 2010

Chicago Lawyers Levin & Perconti File Nursing Home Negligence Lawsuit against The Renaissance at 87th

Chicago nursing home abuse attorneys Steven Levin and Margaret Battersby of Levin & Perconti filed a nursing home negligence lawsuit against the Renaissance at 87th nursing home in Chicago. The nursing home lawsuit alleges that the 92-year-old African-American woman died because the nursing home failed to properly care for her gastric tube. In December 2007, the woman received a gastric tube to receive food and medications and it malfunctioned. In May 2009, the resident’s g-tube fell out and the nursing home staff had to insert a Foley catheter to replace the tube.

The resident’s daughter then noticed changes in her mother’s condition and behavior. When the daughter brought this to the nursing home staff’s attention they ignored her complaint. On June 1, the Director of Nursing immediately recognized her urgent medical care. She was transferred to the hospital and died on June 2. The Illinois Department of Public Health launched an investigation and cited the Renaissance at 87th. Nursing home neglect lawyer Steven Levin stated that The Renaissance at 87th violated the Nursing Home Care Act by failing to provide the proper care to prevent the g-tube from malfunctioning. He added that as a nursing home lawyer, he oftentimes sees nursing home owners put profits before their resident’s needs. The resident’s daughter visited her mother daily and found that the staff had not bathed her or changed her undergarments. Many family members could not communicate their disapproval for the nursing care and had no advocates to speak on behalf of them. The Renaissance at 87th is among the many homes in Illinois that have a one star rating, the lowest possible, from the Centers for Medicare and Medicaid Services’ Nursing Home Compare Website.

January 10, 2010

Chicago Nursing Home Lawyers Reach Record Settlement Against Coles County Home

The Chicago nursing home lawyers at Levin & Perconti recently reached the largest nursing home settlement in a case against a nursing home in Coles, County IL. The Prairie View Center in Charleston, IL and a doctor agreed to pay $700,000 to the family of a 43-year-old victim who died from injuries he suffered while he was a resident a the nursing home. The victim was admitted to Prairie View Care Center on March 19, 2002. He suffered from severe cognitive impairments and was dependent on the nursing home staff for all of is daily activities. His impairments also made him unable to communicate his needs to the nursing home staff. In the two months he spent in the nursing home before he was discharged he developed a massive infected stage IV bedsore on his sacrum. The pressure wound was so deep that his sacral bone was visible. This caused his overall condition to deteriorate and he was hospitalized. Six months later he died after his inability to bounce back from the pressure wound. Nursing home lawyer Michael Bonamarte stated the nursing home failed to prevent the progression of the victim’s sacral pressure sore, and he eventually died from complications related to his injury. In 2006, Prairie View Care Center was bought by new owners who changed the name of the nursing home. Chicago attorney Steven Levin stated that it is common for nursing home owners to own multiple nursing homes, many of which are far from where they are located. Without oversight nursing homes administrators are not in touch with the day-to-day happenings in the nursing home. This causes nursing home abuse to go unnoticed.

January 9, 2010

Chicago Nursing Home Neglect Lawyers Reach Settlement for Bedrail Entrapment Death

Levin and Perconti has reached a settlement with a south suburban nursing home after a victim died when her neck became entrapped between her bedrail and mattress at the nursing home. Attorneys Steven Levin and Michael Bonamarte represented the family and reached a $570,000 settlement for the adult grandchildren of a 99-year-old resident. The client’s grandmother was admitted to the facility on December 6, 2007, after being hospitalized with seizers. According to the nursing home lawyers, bedrails were placed on her bed upon admittance. On January 27, 2008 a nurse was making her nightly rounds and discovered the client’s grandmother on the floor next to her bed with her head entrapped between the bedrail and mattress. While healthcare professionals tried to revive her, her injuries were too severe and she died hours later. The autopsy confirmed that the client’s grandmother died from compressional asphyxia when her neck became entrapped between the bedrail and mattress. The compression from the entrapment was so severe that in addition to cutting off her oxygen supply, it fractured a bone in her neck. The coroner stated that her death was similar to strangulation or hanging. The nursing home lawyers argued that the nursing home placed her in danger of serious harm by using bedrails. Nursing home lawyer Michael Bonamarte stated that it was a terrifying way to die and noted that this could easily be avoided. Chicago lawyer Steven Levin added that the nursing home failed to consult the decedent’s family members regarding the use of bedrails. After the wrongful death, the Illinois Department of Public Health cited the facility for improper nursing care and resident injury, fining them $10,000.

October 13, 2009

Cook County Jury Awards $1 Million Verdict in Nursing Home Negligence Case

A $1 million jury verdict was entered in a nursing home negligence case against Lee Manor Nursing Home in Des Plaines, Illinois. The case involved the death of a nursing home resident who exited a window of the nursing home and died soon after from fall-related injuries. The wife and son of the decedent were represented by nursing home neglect attorneys Bryan Waldman and Patricia Gifford of Levin & Perconti.

The victim entered Lee Manor on July 23, 2003. Years before his admission to the nursing home, he was diagnosed as suffering from chronic paranoid schizophrenia and is severely blind. The victim required ongoing supervision and monitoring by nursing home staff. He was placed on a secured floor where the doors were alarmed and the elevators were keyed. However, the nursing home allowed the windows to open 8 and 1/8th inches, providing the victim an avenue to exit. On April 21, 2004, less than one year after he entered, the man fell from a window in his room on the fifth floor of the nursing home and died as a result of his injuries. The jury found nursing home negligence when the nursing home failed to prevent the victim from falling out of the window.

The Chicago nursing home abuse lawyers of Levin & Perconti are committed to protecting and vindicating the rights of nursing home negligence victims. Please contact the firm at (312) 332-2872 or click here to consult an Illinois lawyer.

October 5, 2009

Jeff Kelly-Lowenstein Receives NCCNHR Public Service Award

The National Consumer Voice for Quality Long-Term Care issues a Public Service Award to a person or entity whose work has profoundly expanded coverage and public understanding of long-term care issues. This year one of the recipients is Jeff Kelly-Lowenstein and The Chicago Reporter, for their work showing widespread racial disparity in Illinois nursing homes and the human impact that is felt. Kelly-Lowenstein investigated the racial disparities in Illinois nursing homes, which “explained what these disparities actually mean to residents and made the issue understandable in human terms.” The nursing home article mentioned Levin & Perconti’s case against International Village in which a nurse failed to change a patient’s oxygen supply. The patient died shortly after he went an entire day without breathing on the ventilator. Jeff Kelly-Lowenstein’s article was a critical look at nursing home abuse in Illinois. To read more about the award, please click the link.

September 29, 2009

Nursing Home Neglect Attorney Steven Levin Discusses Nursing Home Negligence

There was a short period when nursing home care was improving. However, LawyersandSettlements.com reports that bad behavior is returning to the nursing home business. Chicago nursing home abuse lawyer Steven Levin was quoted on the website stating that, “Unfortunately, conditions for nursing residents are once again on the decline.” He stated that there is an epidemic of nursing homes with untrained, insufficient staff and transient staff. Attorney Levin, whose firm handles hundreds of cases of nursing home neglect, stated that profits are being made at the expense of patient care. “Nursing homes are simply unable to care for residents and nursing homes are knowingly admitting residents they know they can’t look after,” Levin adds. "Sometimes doctors or lawyers are negligent and make mistakes, but what nursing home operators are doing is institutionalized neglect.” Levin & Perconti has recently filed a nursing home negligence lawsuit against Alden Northmoor Rehabilitation Care Center in Chicago on behalf of a 77-year-old woman with dementia, knowingly propensity to wander and swallow unusual objects. While at Alden Northmoor, the victim swallowed a rubber glove twice and had to undergo bowel surgery to have the glove removed. Attorney Levin stated that it is amazing that the staff would allow something like this to happen twice. Levin & Perconti has filed suit under the Illinois Nursing Home Act, which states that every resident of a nursing home has the right to be free of neglect. Levin believes that nursing homes have corporately structured themselves so as to be essentially “judgment” proof. He believes that since many nursing homes carry no liability insurance they solicit residents without knowing how to care for them. Levin hopes that a new law will require nursing homes to carry $1 million in liability insurance. To read more about nursing home negligence, please click the link.

September 21, 2009

Chicago Nursing Home Attorney Steven Levin to Speak at AAJ Seminar

Steven Levin of Levin & Perconti, will speak on Saturday, October 17, 2009 at the American Association for Justice’s (AAJ) Litigating Nursing Home Cases Seminar. Attorney Levin will speak to other AAJ members about "Moving from Medical Malpractice to Nursing Home- Differences to Watch For”. Levin & Perconti advocates for victims of nursing home abuse and neglect and medical malpractice. His talk will take place at 7:30 a.m. at the Hotel Allegro in Chicago. Personal injury attorneys and experts will be in attendance at the two-day Litigating Nursing Home Cases Seminar. The event will give trial lawyers the opportunity to share their experiences with each other. They will also cover current news and legal developments in the field of nursing home litigation. The seminar is open to AAJ regular, sustaining, life and President’s Club members only. To register for the seminar, please click this link.

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September 14, 2009

Levin & Perconti Settles $700,000 Nursing Home Lawsuit after Wrongful Death

Prairie View Care Center in Charleston, IL recently agreed to pay a record $700,000 to the family of a 43-year-old man who died from injuries he suffered while a resident at the nursing home. The settlement is the largest reported settlement against a Coles County nursing home. Steven Levin and Michael Bonamarte of Levin & Perconti in Chicago represented the victim’s family in the nursing home negligence and wrongful death case. The settlement was reached following settlement conferences between the parties and the Cook County Circuit Court. The former owners of the nursing home are located in Skokie, Illinois.

The victim was admitted to the Prairie View Care Center on March 19, 2002. He suffered severe cognitive impairments and was dependent on nursing home staff for all of his major activities including turning and repositioning. From his admission through his discharge on May 12, 2002, he became severely malnourished, dehydrated and developed a massive infected Stage IV bed sore on his sacrum. The pressure wound was so deep that Donny’s sacral bone was visible. The injuries were the result of both nursing home negligence and the doctor’s failure to provide adequate medical and personal care to the victim. His injuries lead to his decline in his overall condition and his ultimate death in November of 2002. “Prairie View Care Center and Dr. Johnson both failed to prevent the progression of Donny’s sacral pressure sore, and he eventually died from complications related to his injury,” said attorney Steve Levin. “Poor care in nursing homes is a statewide problem. Anyone who has a loved one in a nursing home needs to be aware of their loved one’s rights and also needs to seek legal representation from an experienced trial lawyer when it is suspected that those rights have been violated.” If you have been the victim of nursing home negligence, consult a nursing home lawyer.

August 8, 2009

Levin & Perconti Files Nursing Home Negligence on Behalf of Resident against Alden Northmoor

Attorneys Steven Levin and Margaret Battersby of Levin & Perconti filed a nursing home negligence lawsuit in the Circuit Court of Cook County against Alden Northmoor Rehabilitation and Care Center in Chicago, Illinois. The complaint was filed on behalf of 77-year-old Mary Clifton of Chicago, Illinois for the injuries she sustained at Alden Northmoor. While she was a resident, nursing home staff failed to properly monitor the victim and she swallowed a surgical glove on two separate occasions. After swallowing the gloves, Mary had to undergo two small bowel resections, enduring pain and suffering. The surgeries took a toll on her physical condition and she is now immobile. The nursing home negligence resulted in her inability to retain nutrients. The victim was admitted to Alden Northmoor with a diagnosis of dementia. When she was admitted in October of 2007, nursing home staff noted her to be at risk for wandering and odd behaviors due to her dementia. On April 29, 2008 Mary was allowed to swallow a surgical glove at Alden Northmoor due to poor supervision. She was transferred to a local hospital where she underwent a small bowel resection. Upon her return, the nursing staff still failed to develop a care plan to address the victim’s propensity for putting foreign objects into her mouth. Three months later, she again swallowed a surgical glove and had to undergo a second small bowel resection surgery to remove the foreign object. It was at this time that her family removed her from Alden Northmoor. As a result of her injuries, Mary has experienced decreased mobility and is at risk for further digestive problems including a decreased ability to digest nutrients and dehydration.

“After her first surgery, Alden Northmoor should have created a specific care plan to address her odd behaviors, such as wandering and putting foreign object into her mouth,” said Steve Levin. “Despite the known risk that Mary had put foreign objects in her mouth on another occasion, the nursing home failed to address this behavior or properly monitor Mary and as a result, she had to undergo a second surgery. These surgeries took a serious toll on Mary’s overall condition and now she is immobile and faces an increased risk of future medical complications with her digestive system.”

June 30, 2009

Expose shows that Quality of Care in Black Seniors’ Nursing Home is Drastically Behind that of White Seniors

While Cynthia and Earl Wade look through a photo album, they remember their mother who was rushed to an emergency room less than 10 days into her stay at the International Nursing and Rehab Center. Their mother had explicit instructions on her medical chart not to administer dialysis through her left arm. However, the nurse ignored these explicit directions and inserted a needle into her left arm, sending her to the nursing home. Unfortunately, Luzella Wade could not recover from her injuries, and wrongfully died. Her attorney Steven Levin filed a lawsuit on behalf of the family in Cook County for the wrongful death of their mother. However, the story goes deeper, when the Chicago Reporter investigations revealed that this type of nursing home negligence occurs more in black nursing homes than those in white. In fact, Illinois has the highest number of poorly rated black nursing homes nationwide. Additionally nearly 85 percent of black nursing homes got the lowest rating for nurse staffing. To read more about the inadequacies in nursing homes, please read the Chicago Reporter.

June 29, 2009

Chicago Nursing Home Attorney Steven Levin and Clients Discussed in Nursing Home Negligence Feature

Chicago personal injury lawyer Steve Levin of Levin & Perconti was featured in a Chicago Reporter article that highlights the differences in care received in black seniors’ homes when compared to white seniors. Attorney Levin is representing Cynthia and Earl Wade in their suit against International Nursing and Rehab Center. Since 2004, the nursing home has been sued 18 times in the Cook County Circuit Court. The article focuses on the difference in care that seniors receive in minority care centers than that given in predominately white nursing homes.

June 20, 2009

Levin & Perconti Files Nursing Home Neglect Suit on Behalf of Son Against Arbor of Itasca

Chicago nursing home abuse lawyers Steven Levin and Margaret Battersby of Levin & Perconti field a nursing home negligence lawsuit in Dupage County on behalf of Robert Gryncewicz for the personal injuries his mother sustained while under the care of the Arbor of Itasca nursing home in Itasca, Illinois. The injuries contributed to the mother’s death. She was admitted to Arbor of Itasca on October 7, 2004 after suffering a stroke that left her with decreased mobility. When she was admitted to the nursing home she was assessed as requiring supervision and assistance with activities of daily living, bed mobility and transferring to prevent falls and accidents. She first fell when she was improperly transferred from her bed to her wheelchair. The fall resulted in a fractured knee that was treated at a local hospital. Several weeks later, she fell out of her wheelchair in the hall of her nursing home. This incident required yet another hospitalization and aggravated the previous injury. After the falls, her elderly negligence lawsuitcondition rapidly deteriorated. The mother developed serious pressure ulcers on her hell and sacrum. She was never able to fully recover from these injuries and passed away on August 4, 2008. Robert believes that the nursing home negligence caused his mother’s death. The alleges that the Arbor of Itasca was negligent on several levels. The complaint alleges that the nursing home failed to appropriately asses the woman’s risk for falls and accidents and failed to prevent falls and accidents from occurring. If you or a loved one has experienced elderly abuse, please find an Illinois nursing home neglect lawyer.

June 14, 2009

Daughter Files Wrongful Death Lawsuit against Sacred Heart Nursing Home in Chicago

Chicago personal injury attorneys Michael Bonamarte and John Perconti of Levin & Perconti filed a wrongful death lawsuit against Sacred Heart Home in Chicago. The complaint was filed on behalf of the victim’s mother in the Circuit Court of Cook County for the severe injuries her mother sustained while under Sacred Heart’s care. These injuries lead to her death eight months after her accident at the nursing home. The victim had been diagnosed with bipolar disorder and schizophrenia. On December 21 of 2007 she left her second floor room and exited the hallway through an unalarmed stairwell door at the nursing home. She was found in the first floor stairwell having suffered serious injuries including a broken back, significant head injuries and paralysis. She died approximately eight months later at the age of 61. After her mother’s death, a complaint was filed with the Illinois Department of Public Health who investigated the victim’s case. The IDPH cited the nursing home for Type A violations for failing to appropriately monitor and supervise the victim. Sacred Heart Home had previously been cited for failing to properly supervise residents. The complaint alleges that the nursing home staff failed to develop and implement a proper care plan based on the victim’s medical conditions. Attorney Michael Bonamarte believes that if the proper precautions were put into place, her accident and subsequent death could have been avoided. If you suspect nursing home negligence, find an Illinois nursing home lawyer.

June 13, 2009

Chicago Nursing Home Neglect Attorneys Levin & Perconti File Suit against Nursing Home

Chicago nursing home lawyers Levin & Perconti have filed a wrongful death lawsuit on behalf of a Harvard, Illinois woman who alleges that the nursing home failed to prevent a fall that led to her mother’s death. The woman is suing Sacred Heart Home in Chicago after her mother died after suffering from a broken back, head injuries and paralysis after she allegedly fell in a stairwell at the home. The 61 year old died eight months later. The case alleges that staff should have better supervised the victim because they knew she had been diagnosed with both bipolar disorder and schizophrenia. The wrongful death lawsuit is seeking damages in excess of $50,000, although Levin & Perconti attorney Mike Bonamarte states that they would be seeking an amount much greater than that. To read more about the Chicago nursing home lawsuit, please click the link.

June 1, 2009

Levin & Perconti Nursing Home Abuse Blog Ranks in Top 100

The Avvo blog website has ranked the top 300 legal blogs on the internet. Levin & Perconti’s Nursing Home Abuse Blog has ranked in the top legal blogs and comes in at 96. Levin & Perconti is committed to informing the community on issues that affect our elderly such as nursing home negligence and elderly abuse. If you or a loved one has experienced nursing home abuse, find a Chicago lawyer. To visit the website that tracks legal blogs, please click the link.

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April 2, 2009

Number of Assisted Living Lawsuits Growing

There are a growing number of lawsuits alleging assisted living nursing home abuse and neglect in the fast-growing industry. One such lawsuit resulted in an $11 million verdict after a jury determined that an assisted living facility was responsible for a man’s wrongful death. The autopsy of the man revealed a number of foreign objects such as plastic bags, catsup packets and candy wrappers in the man’s stomach. Since 1998, the number of assisted living facilities in the US has grown to 38,000 and 1 million seniors live in some sort of facility. Since these are not designated as medical care facilities, assisted living communities are not as regulated as the nursing home industry. The lack of regulation in this community has opened the door to elder abuse and neglect. Attorney Steven Levin of Levin & Perconti was quoted in the article stating that his firm reached a $2.5 million settlement with an assisted living facility in Chicago last year after a resident suffered from 20 pressure sores. He said, “[o]ftentimes, assisted living facilities are keeping residents that they don’t have the capacity to care for, but the family goes along because they prey upon families.” Assisted living centers have the same responsibility as nursing homes to take care of their residents. To read more about the assisted living home crisis, please click the link.