In an October 24, 2012 press release, New York State Attorney General, Eric Schneiderman, announced the arrests of two Certified Nurse Aides (“C.N.A.) at Tarrytown Hall Care Center. The aides, Maureen Flowers and Donna Pagan, allegedly caused the death of an elderly resident by failing to provide an appropriate transfer and covering up the crime.
According to the AG’s investigation, C.N.A. Flowers was assigned to an 86 year-old-resident at the nursing home that had numerous underlying medical conditions and required 24 hour total care. Due to her condition, the resident’s care plan required that a mechanical lift and two person assist be used when transferring the resident from bed to wheelchair.
Flowers reportedly attempted to transfer the resident by herself with the use of a lift. During the transfer, the resident fell to the floor, suffering multiple fractures to her spine, right leg, and nose and bruising to her face. Tragically, instead of seeking immediate attention from emergency personnel, Flowers sought out co-worker Donna Pagan, 35, and asked her to lie and say she had assisted her as she attempted the transfer. In the meantime, the resident lay on the floor bleeding.
After the two aides agreed to cover-up the incident, the resident received medical attention but died two hours later at Westchester Medical Center. In interviews and written statements provided to supervisory staff of the Care Center, Flowers and Pagan stated that they had both been present during the attempted transfer.
AG Schneiderman explained, “This is a sad and disturbing case of a nurse’s aide who, by ignoring both the rules of the home where she worked and her training, caused the death of one of our most vulnerable citizens.”
Flowers, a Bronx resident, is charged with Endangering the Welfare of a Vulnerable Elderly Person in the First Degree, a Class D felony. Pagan, of Peekskill, N.Y., is charged with Falsifying Business Records in the First Degree, a Class E felony.
The attorneys at Gallivan & Gallivan represent victims of nursing home neglect and abuse in the New York area. Contact us if you or a loved one has been injured due to negligence at a New York Nursing Home.