New York Nursing Home Abuse Lawyer Blog

A lawsuit has been filed against a nursing home in Aurora, Ill., and one of its residents, Sylvester Graves, after he allegedly sexually assaulted a female resident. According to the lawsuit, Graves beat the woman severely and sexually assaulted her in his room at Fox River Pavilion nursing home.

The plaintiffs claim that Graves has been arrested multiple times and suffers from bipolar disorder and other mental issues. They further assert that the nursing home should have monitored him more closely or restricted his access to other residents. Finally, they contend that the home failed to provide additional security or failed to provide therapies that may have treated his anti-social behavior.

The injury resident, a dementia sufferer, appeared at the nurse's station after she was assaulted "in a bruised, battered and bloodied condition," according to the suit.

Graves is being held in Kane County Jail awaiting trial on eight counts of aggravated criminal sexual assault, criminal sexual assault and battery. He has served prison stints for burglary and retail theft convictions in Cook County, according to state records.

Website Resource:

Lawsuit over alleged nursing home sex assault, Chicago Tribune, Clifford Ward, March 30, 2010.

Carolyn M. Wheeler, the former Recreational Leader at Somers Manor Nursing Home in New York, has been charged with endangering the welfare of a vulnerable elderly person in the second degree, a felony, as well as sexual abuse in the second degree, a misdemeanor. Ms. Wheeler allegedly touched the genitalia of a 60 year-old male resident who suffers from a mental defect. The incident was witnessed and reported by another Somers Manor employee.

As a result of the incident, Ms. Wheeler's position as Recreational Leader has been terminated. Authorities are investigating whether any other residents were abused by Ms. Wheeler.

The attorneys at Gallivan & Gallivan represent victims of sexual and/or physical abuse at the hands of nursing home employees. If you or a loved one has been victimized in a nursing home or assisted living facility, please contact us.

Website Resources:

Nursing home worker accused of sexually abusing patient, 60, Journal News, Hoa Nguyen, August 25, 2009.

A licensed nurse employed by Shore Winds Nursing Home in Rochester, New York has been arrested and charged with rape in the second degree (felony) and endangering the welfare of an incompetent (misdemeanor). The nurse, Kipper Allen Stevens, allegedly had sexual intercourse with a disabled resident. She was arraigned last week. Bail was set at $1500.

This story underscores the importance of proper screening of potential nursing home employees, as well as the importance of implementing timely and proper evaluations of current nursing home employees.

The attorneys at Gallivan & Gallivan are dedicated to protecting nursing home residents against elder abuse.

Website Resources:

Rochester nursing home employee charged with rape, RocNow, Victoria Freele, July 17, 2009.

A Chicago, Illinois nursing home allegedly attempted to cover-up the rape of a 68 year-old resident. The nursing home claimed that the resident had engaged in consensual sexual intercourse. A lawsuit has been filed on behalf of the resident alleging that the facility failed to properly monitor the resident and failed to separate younger mentally ill residents from elderly residents.

The nursing home was fined $44,000 by the state and federal governments for violations related to the incident. The lawsuit seeks at least $50,000 in damages. It was filed Monday in Cook County Circuit Court on behalf of a resident identified only as Jane Doe to protect her privacy.

Website Resources:

Family sues nursing home in alleged sex attack, Chicago Tribune, Carla K. Johnson, May 12, 2009.

A certified nurse's aide at the upstate New York nursing home, Northwoods Rehabilitation Center, has been arrested for sexually abusing an elderly resident of the facility from December 15, 2007 - January 7, 2009. Robert Gundersen faces the following charges:

1) sexual abuse in the first degree, a class D felony;
2) forcible touching, a class A misdemeanor; and
3) sexual abuse in the third degree, a class B misdemeanor.

According to the indictment, Mr. Gundersen touched the breasts and vagina of a 78 year-old resident who was unable to defend herself from the attack. If convicted, Mr. Gundersen faces 2 1/3 - 7 years of incarceration.

Unbelievably, Mr. Gundersen also faces charges stemming from a prior incident when he was employed as a certified nurse's aide at another upstate New York nursing home, Eddy Ford Nursing Home. He is charged with sexual abuse in the third degree for allegedly french-kissing a nursing home resident who suffered from multiple sclerosis and was wheelchair-bound.

The charges against Mr. Gunderson are the result of Attorney General Cuomo's ongoing investigation into nursing home neglect and abuse.

Website Resources:

Troy Aide Indicted For Nursing Home Sexual Abuse, North Country Gazette, May 5, 2009