New York Nursing Home Abuse Lawyer Blog

A Florida jury recently awarded $114 million to the family of a 76-year-old woman who was allegedly the victim of elder abuse while a resident at a local nursing home. The plaintiffs alleged that the decedent, Juanita Jackson, developed pressure sores (bedsores, decubitus ulcers), became malnourished and dehydrated, and was purposefully overmedicated at Integrated Health Services at Auburndale. Integrated Health Services reportedly stopped participating in the case weeks ago, and as a result, a default judgment was entered against the company.

The case proceeded to a trial on damages. After the trial, the jury awarded $14 million in damages and $100 million in punitive damages to Jackson's family. The verdict is reportedly one of the largest in Polk County history.

$114 Million Awarded in Abuse Case, The Ledger, Jason Geary, July 22, 2010.

A recent $29 million verdict in a nursing home abuse and wrongful death case was upheld by a Sacramento Superior Court Judge last week. The underlying case involved the death of a 79 year-old former civil servant who fell at a Horizon West Healthcare facility and thereafter developed a Stage IV bedsore that became infected. The plaintiff in the case argued that the Horizon facility was deliberately understaffed and as a result, provided inadequate care and monitoring. We previously discussed the case at the time of the verdict here on the New York Nursing Home Abuse Lawyer Blog.

Judge Roland Candee rejected Horizon West Healthcare's arguments for a new trial or significantly reduced damages. Candee said "overwhelming" and "devastatingly powerful" evidence in the trial in May supported the jury's verdict and damage awards against Horizon, which owns 33 nursing homes mostly in California.

The jury ruled that Horizon and Colonial committed elder abuse and awarded $1.1 million in damages for Tanner's pain and suffering and for her daughter's loss of companionship. A day later, after hearing evidence about the corporation's finances including its net worth of about $200 million, the panel made the $28 million punitive award.

Candee reduced the pain and suffering damages to $800,000. Including $1.2 million in attorney's fees, the total judgment is for $29.1 million, believed to be the largest ever for an elder abuse case in Sacramento County.

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$29 million verdict upheld against Rocklin nursing home firm, Sacramento Bee, Cynthia Hubert, July 15, 2010.

A Sacramento Superior Court jury recently awarded $28 million in punitive damages to the family of an elder abuse victim. Earlier this week, the jury returned a $1.1 million dollar verdict for the decedent's conscious pain and suffering and found the facility, Colonial Healthcare of Auburn, to have acted with "malice" as defined under the CA Elder Abuse statute. Frances Tanner was 79 when she died. Plaintiffs claim that the cause of her death was an infected bedsore.

The jury on Wednesday found Colonial Healthcare of Auburn and its parent company, Horizon West of Rocklin, guilty of elder abuse in the death of Frances Tanner, 79, a Stockton native and lifelong civil servant. They heard testimony about the corporation's finances today before deciding punitive damages.

Sacramento lawyer Ed Dudensing, who represented Tanner's daughter Elizabeth Pao in the case, urged jurors to make sure that Horizon paid dearly for the lapses that he argued led to Tanner's death. Plaintiffs contended that the nursing home corporation made profits their priority as opposed to quality patient care. The nursing home claimed that appropriate care was provided to Ms. Tanner. Representatives of Colonial Healthcare have vowed to appeal the verdicts.

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Jury hits Auburn nursing home with $28 million in punitive damages, Modesto Bee, Cynthia Hubert, May 13, 2010.

The Medicaid Fraud Control Unit (MFCU), a task force run by Attorney General Andrew Cuomo, has arrested 22 current and former nursing home employees in two separate cases after footage from hidden surveillance cameras revealed alleged neglect and other conduct that endangered dependent residents. The first case involves the arrest of 14 individuals regarding incidents at Northwoods Rehabilitation and Extended Care Facility in Troy, NY. The second case involves the arrest of 8 individuals regarding incidents at the Williamsville Suburban Nursing Home in Amherst, NY.

Attorney General Cuomo explained, "With the consent of family members, we put hidden cameras in nursing homes across the state, watching over the vulnerable who often cannot advocate for themselves. My office is strongly committed to using all the tools at our disposal to make sure people are getting the medical treatment and the care they deserve."

The hidden cameras at Northwoods Rehabilitation and Extended Care Facility in Troy revealed that staff routinely failed to turn and position an immobile resident, often leaving the resident in the same position for an entire shift over a six-week period. Nursing staff failed to administer medications, as well as treat the resident's bedsores (decubitus ulcers, pressure sores). In addition, the nursing staff member allegedly falsified resident medical records to conceal their neglect. A physician's assistant also created a phony record of an annual medical exam that never happened.

Six Licensed Practical Nurses and seven Certified Nurse Aides were charged with multiple counts of Falsifying Business Records in the First Degree (class E felony) and Willful Violation of the Public Health Law (unclassified misdemeanor) in complaints filed in Schaghticoke Town Court. In addition, the LPNs were charged with multiple counts of Endangering the Welfare of a Physically Disabled Person (class A misdemeanor). The physician's assistant was charged with one count each of the above charges. A class E felony carries a maximum penalty of 4 years in prison and the misdemeanors carry a maximum penalty of one year in jail.

The investigation along with surveillance video taken at Williamsville Suburban Nursing Home in Amherst over a seven-week period revealed that staff routinely failed to properly transfer the resident in and out of bed, putting the resident at risk of injury. Staff was required to use a mechanical lift with the assistance of two caregivers. Video footage also revealed that one aide failed to provide range of motion therapy and two nurses failed to administer insulin, provide skin and wound treatment, and failed to check the resident's vital signs. In addition, the resident's medical records show that employees falsified records to conceal the resident's neglect and endangerment.

Two Licensed Practical Nurses and one Certified Nurse Aide were charged with Falsifying Business Records in the First Degree (class E felony) in complaints filed in Amherst Town Court. The charge carries a maximum penalty of 4 years in prison. Five other Certified Nurse Aides were charged with Endangering the Welfare of an Incompetent or Physically Disabled Person (class A misdemeanor), with a maximum penalty of one year in jail. The Certified Nurse Aide who falsified the resident's medical record failed to perform range of motion exercises on the resident's extremities, which were required to prevent muscle contracture.

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CUOMO'S HIDDEN-CAMERA INVESTIGATION LEADS TO 22 ARRESTS FOR PATIENT NEGLECT AT WNY AND CAPITAL REGION NURSING HOMES, NYS Attorney General, March 31, 2010.

A Philadelphia jury awarded $5 million in punitive damages to the widow of a man who died of bedsores (pressure sores, decubitis ulcers) in 2008. The damages are divided between Jeanes Hospital and a Wyncote nursing home. The lawsuit had accused both the hospital and the nursing home of failing to provide adequate care for Joe N. Blango, resulting in his bedsores and eventual death.

The jury also awarded $1 million in compensatory damages. Lawyers familiar with the case say they believe it may be the first time in Philadelphia that a nursing home case resulted in punitive damages.

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Unusual Damages Set In Phila. Bedsores Case, Philadelphia Enquirer, Christopher K. Hepp, March 18, 2010.

Two nursing homes in Missoula have settled a wrongful death lawsuit for an undisclosed amount with the family of a man that died while under nursing home care in 2005. The lawsuit claimed that both Riverside Health Care Center and the Village Health Care Center were negligent in failing to provide adequate care for Ralph Seewald. The family alleges that the care given to Seewald did not meet the standards promised by the nursing homes.

More specifically, the family contended the Mr. Seewald fell and fractured his neck during a transfer from his wheelchair, an accident that left him bedridden. He then developed severe pressure ulcers (bedsores, decubitus ulcers) that worsened over a period of months, and led to a fatal case of gangrene in his leg.

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Family settles suit against nursing homes, Billings Gazette, Tristain Scott, February 28, 2010.

More than 400 facilities called long-term acute care hospitals have opened across the national in the last 25 years. They specialize in providing care to seriously ill patients. Few of these institutions have doctors on staff, and most are owned by for-profit companies.

As As Alex Berenson of the New York Times reports, many of these for-profit hospitals have been scrutinized for their wide profit margins and lack of on-staff doctors during off-peak hours. Select Medical Corporation is a corporation that owns 89 long-term care hospitals nationwide. These facilities have been cited at a rate almost four times that of regular hospitals for serious violations of Medicare rules. Medicare inspection reports of many of these hospitals reveal preventable patient injuries, including bedsores (pressure sores decubitis ulcers) and deaths, as well as inadequate staffing numbers with high turnover.

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Long-Term Care Hospitals Face Little Scrutiny, New York Times, Alex Berenson, February 9, 2010.

A Kings (Brooklyn) County jury recently returned a $19 million verdict in favor of the family of 76 year-old nursing home resident, John Danzy, who developed more than 20 bedsores (pressure sores/decubiti) at Brooklyn-Queens Nursing Home. The award included $3.75 million for pain and suffering and $15 million in punitive damages. Mr. Danzy died from sepsis the source of which was the infected bedsores.

At trial, it became apparent that staff members at Brooklyn-Queens Nursing Home had falsified records in Mr. Danzy's medical chart in attempt to cover-up the neglect. In addition, the nursing home staff reportedly failed to turn and position Mr. Danzy at appropriate intervals (the standard is that those "at risk" to develop bedsores should be turned and positioned at least every 2 hours).

The jury deliberated for two days after the four week trial before returning the verdict. The verdict is reportedly the first in New York to assess punitive damages against a nursing home.

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Senior-home hell, NY Post, Alex Ginsberg, December 28, 2009.

Four additional employees at a Long Island, NY nursing home, Medford Multicare Center, have been arrested and charged with endangering the welfare of a patient and falsifying business records in order to conceal neglect. Two of the arrests were made as part of the New York State Attorney General's ongoing use of hidden cameras.

Attorney General Cuomo stated, "Today's arrests highlight this office's ongoing effort to investigate and prosecute individuals who shamelessly mistreat Long Island's most vulnerable patients. My office will continue to use innovative techniques, including surveillance cameras, to expose and bring to justice anyone jeopardizing those who cannot care for themselves. Let me be clear that this is an ongoing, expanding investigation and the charges brought today underscore my commitment to protect elderly patients at nursing homes across the state."

LPN Janet Coleman, 49, of Moriches, New York, allegedly, among other instances of neglect, allegedly falsified medical records to conceal the fact that she failed to provide treatment to a resident's gastrostomy tube site. CNA, Marie Pierre, 35, of Elmont, New York, allegedly failed to perform Range of Motion exercises on a resident to prevent his muscles from contracting; failed to turn and position a resident to prevent skin breakdown and pressure ulcers (bedsores, decubitis ulcers); and failed to change a resident every two hours.

Another CNA, Paulette George, allegedly failed to bathe a resident for weeks and falsified records to indicate that the resident had been showered. LPN Kim Purdum, 36, of South Beach, New York, allegedly falsified a resident's chart to conceal that she had not performed necessary blood tests to monitor dosage of Coumadin, a blood thinning medication. The lack of this routine testing and monitoring resulted in the resident suffering internal bleeding and extensive external bruising.

Website Resources:

New York State Attorney General, Cuomo's Hidden-Camera Investigation Nets More Employees of Medford Multicare Center for Endangering Patients and Falsifying Records to Conceal Neglect, October 30, 2009.

Continue reading "NY Elder Abuse: Attorney General Uses Hidden Cameras To Bring Charges Against Four Long Island (NY) Nursing Home Employees" »

A nursing home neglect and wrongful death case involving the development of a Stage IV bedsore (pressure sore, decubitis ulcer) has been postponed by an Oregon court until 2010. The plaintiffs in the lawsuit claim that during a 49 day admission to Evergreen Milton Freewater Health & Rehabilitation Center, Alice Train, a 90 year-old diabetic, lost the ability to walk, suffered significant weight loss, developed a severe pressure ulcer and contracted pneumonia.

Barbara Dickinson, Ms. Train's daughter, reportedly "found her mother sitting in a wheelchair soaked in her own urine." On a later date, while changing her mother's diaper, she found a wound under a dressing on her tailbone. When she removed the dressing she "discovered a wound that contained necrotic (dead) tissue and exuded a putrid odor."

Defense attorneys for Milton-Freewater requested additional time to prepare their defense.

Website Resources:
Family seeks $7.5 million in wrongful death lawsuit, East Oregonian, Phil Wright, November 17, 2009.

Continue reading "Bedsore (Pressure Sore, Decubitis Ulcer) Trial Postponed" »

Sepsis can be the result of a bedsore (pressure sore, decubitis ulcer) that is allowed to develop and progress. Sepsis occurs when bacteria enters the bloodstream through the broken skin and spreads throughout the body. Not surprisingly, then, nursing home residents with pressure sores are at risk for developing an infection, and ultimately sepsis if left untreated. Sepsis is a life-threatening condition that can lead to septic shock, a sometimes fatal drop in blood pressure and/or organ failure.

In order for sepsis to be treated effectively, immediate intervention is necessary. IV antibiotics, vasopressors and/or corticosteroids are the routine options for treatment. Unfortunately, in many cases we have seen, by the time sepsis is diagnosed after a transfer from a nursing home to a hospital, no intervention implemented by hospital physicians and staff can prevent the patient's untimely death.

Website Reources:

Sepsis - Mayoclinic

Bedsores (pressure sores): Complications - Mayoclinic

Continue reading "Sepsis And Its Relationship To Bedsores (Pressure Sores)" »

The family of an 87 year-old Orange County, NY nursing home resident recently settled a case involving allegations of dehydration, malnutrition and the development of multiple bedsores (pressure sores, decubitis ulcers) for $525,000. The plaintiff was reportedly admitted to St. Teresa's Nursing Home in Middletown, NY with a history of dementia, heart failure and hypothyroidism.

The Estate claimed that the nursing home failed to provide the decedent with appropriate hydration and nutrition over a three month period, which resulted in the development of three Stage IV bedsores (pressure sore, decubitis ulcers). The bedsores became infected and the plaintiff died from sepsis. A lawsuit was filed claiming gross negligence, medical malpractice, and violations of the New York State Public Health Law Section 2801-d.

Continue reading "Bedsore Lawsuit Against Orange County (NY) Nursing Home Settles For $525,000" »

The New York (NYC) Bedsore Attorneys at Gallivan & Gallivan have extensive experience representing individuals who have developed bedsores (pressure sores, pressure ulcers, pressure sores, decubitus ulcers) due to the neglect of hospital or nursing home personnel. The following is the first of a series of posts that will address questions we often receive from our clients regarding bedsores.

1) What is a bedsore (pressure sore, pressure ulcer, pressure sore, decubitus ulcer)?

The terms bedsore, pressure sore, pressure ulcer, and decubitus ulcer are often used interchangeably. What they refer to are areas of damaged skin and tissue that develop as a result of sustained pressure on certain parts of the body. In most instances, such sores develop on the bony prominences of the body, including the sacrum, buttocks, elbows, heels, shoulder blades and hips. The sustained pressure on the affected area disrupts blood flow causing the tissue to die.

2) What are the stages of bedsores?

The National Pressure Ulcer Advisory Panel has defined the stages. A brief explanation of each stage is below.

Stage I. An area of persistent red skin that may be itchy or painful to touch. Stage I ulcers will, in most circumstances, heal once pressure is relieved.

Stage II. The wound has broken the skin. It is now an open sore that looks similar to a blister.

Stage III. The wound has progressed down to the tissue beneath the skin. The sore may look like a crater.

Stage IV. In a Stage IV pressure sore, the damage has progressed though the skin and tissue to the underlying muscle, bone, tendons and/or joints.

3) What causes bedsores?

a) Sustained pressure
b) Friction
c) Shearing

4) Are bedsores preventable?

The short answer is that bedsores caused by sustained pressure on an area of the body are preventable. However, certain underlying conditions make people more susceptible to developing bedsores. These conditions include vascular disease, anemia, diabetes, paralysis, cancer, and spinal cord injuries. We would and do argue that if these underlying conditions are present, the hospital and/or nursing facility is obligated to ensure that they are vigilant in trying to prevent bedsores. In addition, simply because an individual is more susceptible to bedsores does not make their development excusable.

That said, there is also a condition called a venous or stasis ulcer that is not caused by sustained pressure. They are usually smaller ulcers that develop when veins fail to properly send blood back to the heart. This results in the blood flowing backward and collecting in a pool in the legs. The pooling of blood causes the skin ulcer. In most instances, these ulcers are more difficult to prevent and/or treat.

As always, the attorneys at Gallivan & Gallivan are available to answer any questions you may have about bedsores or any other form of nursing home or hospital neglect. Please contact us for a free consultation.

Website Resources:

Mayo Clinic - Bedsores (Pressure sores)

A Westchester County jury returned a $2.2 million dollar verdict against Westchester Medical Center located in Valhalla, NY and one of its physicians for allowing Eric Trainor, a 30 year-old quadriplegic and former contractor, to develop bedsores (pressure sores, decubiti) that progressed to Stage IV. Mr. Trainor was involved in a car accident on the way to a construction job back in 2005, which resulted in a spinal cord injury and quadraplegia.

From the crash site, he was taken to Westchester Medical Center where the bedsores developed. The Stage IV wounds on his back and buttocks progressed all the way down to the bone. The plaintiff argued at trial that the development of the sores delayed his physical therapy and left him without the opportunity to build upper-body strength.

The attorneys at Gallivan & Gallivan aggressively represent individuals who have developed bedsores (pressure sores, decubitus ulcers) in hospitals or nursing homes. As we have discussed on the New York Nursing Home Abuse Lawyer Blog many times before, bedsores are preventable with appropriate care in almost all circumstances. If you or a loved one has been neglected, please contact us.

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Crash victim awarded $2.2M for bedsores from hospital stay, Journal News, Rebecca Baker, October 5, 2009.

Bronx, NY: A lawsuit has been filed in Bronx County Supreme Court on behalf of Verda Henry, who allegedly developed a bedsore (pressure sore, decubitus ulcer) while a resident at Sutton Park Center For Nursing & Rehabilitation in New Rochelle, NY. Ms. Henry was reportedly admitted to Sutton Place for short-term rehabilitation after she fell and injured her arm. She had expected to return home within a month.

Patricia Henry, the resident's daughter, noticed the bedsore (pressure ulcer, decubitus ulcer) on her mother's tailbone (or sacrum) while she changed her mother's nightgown. Ms. Henry described the sore to Dorian Block at the Daily News by stating, "You could put your whole hand down in her back. You could see the bones and spinal cord. It was like raw meat. Mommy screamed until she couldn't scream no more."

As we have previously discussed on the New York Nursing Home Abuse Lawyer Blog, a bedsore is a wound that normally develops over a bony prominence (sacrum, heels, shoulder blades) caused by unrelieved pressure on the skin. These sores are preventable except in very limited circumstances where a patient's underlying condition causes the deterioration of the skin.

According to the resident's daughter, the Sutton Park facility was not adequately staffed. She explained, "There would be a nurse and she would run between floors and they had no time. Nobody checked on her. Nobody fed her. Every time we asked to take her home there was a reason we couldn't." Ms. Henry reportedly died after the sacral ulcer became infected.

The attorneys at Gallivan & Gallivan provide aggressive representation to individuals who develop bedsores in nursing homes, hospitals, or at home while under the supervision of nurses or nurse's aides. If you or a loved one has suffered or is suffering from the development of a painful pressure sore, please contact us.