On May 10, 2011, a resident (described only as “Resident X”) in the dementia/Alzheimer’s unit at Sprain Brook Manor Nursing Home became agitated, falsely believing that the television in his room had been stolen or was otherwise missing. The resident, according to the Plaintiff, had a “known history of aggression.” The nurse in the unit proceeded to take Resident X to his room and show him that his television was, in fact, still in his room. According to the Plaintiff, this was “in a manner not appropriate for dealing with an agitated Alzheimer’s patient.” As Resident X became further enraged, another nursing home resident E. Benisatto stood up to intervene when Resident X pushed her down. Benisatto was transferred to the hospital where she was treated for a hip fracture and then subsequently returned to Sprain Brook Manor. Almost a month later, on June 1, 2011, Benisatto was readmitted to the hospital for “failing to thrive” – a diagnosis that is the result of several conditions, including malnutrition, bedsores and gangrene. Sadly, Benisatto passed away only one week later. Continue reading
Jacky Stanley, a former rehabilitation worker at Northeast Center for Special Care in Lake Katrine, New York was convicted of sexually abusing six male residents at the facility – each of whom were in the facility after suffering traumatic brain injuries. All six male residents testified in court that Stanley molested them in some way – either by performing oral sex on them, or by “rubbing or trying to touch” their genitals. Despite the prosecution providing no physical evidence and no witnesses of the abuse (other than the victims), Stanley was convicted of almost all crimes the prosecution had brought against him. The trial lasted four days and jurors deliberated for roughly eight hours over two days.
The Northeast Center for Special Care “provides care and rehabilitation to individuals who have suffered traumatic brain injuries” – generally caused by stroke, motor vehicle accidents, falls, and other catastrophic event. Stanley was an employed as a “Neighborhood Counselor” – whose duties included managing residents’ social environment and ensuring that residents participated in their required programs.
Andrew Hatcher, 28, of Brooklyn, New York, has been charged with endangering the welfare of two developmentally disabled residents under his care at Centerreach Intermediate Care Facility. Hatcher has been charged with two counts of Endangering the Welfare of an Incompetent or Physically Disabled Person in the First Degree, a class E Felony, stemming from an incident where he tied up a resident.
According to Attorney General Schneiderman, Hatcher, knowing that he was the only caregiver on the night shift responsible for two severely physically impaired and intellectually disabled residents, “failed to care for them and failed to perform required 15-minute bed checks to ensure their safety.”
A former employee of Northeast Center for Special Care (NCSP) in Lake Katrine was convicted of sexually abusing six residents of the facility who were admitted for traumatic brain injuries.
NCSP is a facility that provides rehabilitation and care for those suffering traumatic brain injuries caused by stroke, motor vehicle accidents, falls and other dire events. Jacky Stanley was employed as a “Neighborhood Counselor”, responsible for assisting residents in getting accustomed to the facility. His responsibilities included managing residents social environment and ensuring residents participated in their required programs. Continue reading
According to Attorney General Schneiderman, a licensed nurse at a nursing home in Oswego, New York intentionally broke an elderly resident’s rib.
The charges stem from a November 8, 2016 incident at the Pontiac Care and Rehabilitation Center in Oswego, New York. According to the Attorney General, Darryl Boscoe, a licensed practical nurse, pushed an 89-year-old man down a hallway, where the man then fell and suffered a nondisplaced fracture to his left rib.
Samantha Grover, a Certified Nurse Aid, pled guilty to a felony for punching an 87-year-old man in the face and pushing him onto the ground. On October 18, 2016, the judge sentenced Grover to weekends in jail for four months, followed by five years of probation. In addition, her nurse aide license has been revoked.
On October 17, 2015, Grover, then an employee at James Square Health and Rehabilitation Centre in Syracuse, New York hit a nursing home resident in the face and then pushed him – causing him to fall onto a piece of furniture. The elderly victim, whose name was not released, suffered from impingement syndrome of the right shoulder and a rotator cuff strain. Witnesses reported the attack to the James Square administration, who then notified the police. After working at the nursing home for four years, Grover’s employment was terminated.
The Centers for Medicare and Medicaid Services (CMS), an agency of the Health and Human Services Department, has issued a rule that will prevent nursing homes receiving federal funding from requiring resident’s to sign admission agreements with arbitration clauses. An arbitration clause is a clause in a contract requiring parties to resolve issues through the arbitration process, therefore depriving the resident of his/her right to bring a lawsuit against the nursing home. These clauses have forced claims of sexual harassment, elder abuse and even instances of wrongful death from being handled in an open court.
The fine print of arbitration clauses have also prevented disputes on resident safety and quality of care from being publicly known. This rule will provide new protections to 1.5 million nursing home residents. The agency’s new rule is the most significant overhaul of rules regarding federal funding for long term care facilities, restoring millions of Americans their right to pursue action in an open court. The rule applies to pre-dispute matters, allowing the parties to a dispute the opportunity to seek arbitration after a dispute arises. Continue reading
Attorney General Eric T. Schniderman announced the arrest and arraignment of four former nursing aids in Oswego, NY on September 15, 2016. The aids were arrested for cases regarding nursing home abuse at two Oswego nursing homes. All four aids were charged with misdemeanors and felonies for taking “undignified” photographs and videos of residents at Pontiac Nursing Home and St. Luke Health Services; both facilities have strict policies forbidding cell phone use. A.G. Schneiderman stated that residents of nursing homes and their families deserve peace of mind knowing their loved ones are being properly cared for and respected by their caregivers. He continued to say recording residents for amusement is a “blatant violation” of residents trust and privacy in a place they call home.
In one case, nursing aids Matthew Reynolds and Angel Rood, former employees of Pontiac, took demeaning photographs of a resident using an iPhone. A.G. Schneiderman said there were multiple pictures showed Reynolds and Rood lying in bed with the resident and touching them in a “taunting and abusive manner.” John Ognibene, Administrator at Pontic fired both aids immediately. Ognibene stated the staff at Pontiac is educated in patient rights during orientation as well as at their annual inservice training. Inservice training reviews the restriction using cell phones, social media and taking photographs of residents. Ognibene continued to say any violation of the policies or implementation of them is unacceptable. Continue reading
A Buffalo nursing home is under investigation after a resident-on-resident fight resulted in death at Emerald South Nursing and Rehabilitation Center. The fight began when 83 year old Ruth Murray accidentally wandered into a male resident’s room; both residents suffered from dementia. Murray suffered a punctured lung, multiple facial fractures, a lower back fracture, a broken neck and bruising from the fight. She was transported to Eerie County Medical Center where she passed away two days later.
The nursing facility issued a statement on the incident giving their condolences to the family and that they have been cooperating with authorities to conduct a thorough investigation. They continued to say they strive to provide a supportive, caring and safe environment for all residents. The incident is being investigated by the New York State Department of Health as well who declined to give a statement due to the pending investigation. Buffalo Police Department is also conducting an investigation; no charges have been levied at this time. The family retained an attorney, who is assisting with the investigation.
New York Attorney General Eric T. Schneiderman has announced the arrest of nursing home counselor, Jack Stanley, for alleged sexual abuse of 2 residents at the Northeast Center for Special Care. Both residents involved suffer from traumatic brain injuries. Also known as “Northeast, ” the facility specializes in the care of brain injury, spinal cord injury and those requiring ventilator care.
Between September 2014 and February 2015, Stanley was employed by Northeast as a “Neighborhood Counselor” to assist new residents with activities and acclimation to the facility. Stanley allegedly used his position as a means to maintain contact with the two residents and forcibly performed sexual acts, including oral sex, on both residents.
“Committing sexual abuse against vulnerable New Yorkers is deplorable, and the allegations in this case are incredibly disturbing,” said Schneiderman. “We will not allow individuals to exploit their role as caretakers in order to take advantage of those they are meant to protect. Those who commit acts of sexual abuse will be punished.” As a resident of a nursing home in New York State, all residents have the right to “be free from verbal, sexual, mental or physical abuse.”