Maryland Nursing Home Lawyer Blog

As Maryland Nursing Home Abuse and Neglect Attorneys, we have been following a lawsuit in which a 65-year old paralyzed patient in a nursing home was allegedly dropped to the floor twice. Her family claims that the second nursing home fall resulted in her wrongful death.

According to the lawsuit, Adriana Neagoe fainted in front of her church and was diagnosed with a brain tumor. After surgery to treat the tumor left her body paralyzed with the ability to only move one arm, her family decided on Midway Nursing Home in Queens, New York for her care.

In the spring of 2008, Neagoe’s family was told that she had fallen from her bed, a bed that is protected by guardrails. Her family claims in the suit that she couldn’t have fallen, as she was paralyzed. The resident needed constant care—to be lifted up for bathing, and so the sheets could be changed.

Neagoe reportedly told her family that they dropped her on her head, from five feet up in the air. After she experienced the second nursing home fall, she was rushed to the hospital, where she died six days later from severe head injuries. Her family claims her death was caused from complications of these falls, due to nursing home negligence.

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In yesterday’s blog, our Maryland Nursing Home Abuse Attorneys discussed the complaint filed last week by the U.S. Justice Department against Johnson & Johnson, for allegedly paying millions of dollars in kickback payments Omnicare, the largest pharmacy in the country, to increase sales of antipsychotic prescription drugs given to nursing home patients. According to the complaint, Omnicare was allegedly persuading physicians to prescribe drugs like the antipsychotic Risperdal for patients with dementia, even though the Food and Drug Administration has not approved the drug for dementia treatment.

In 1987, Congress passed landmark laws protecting patients from unnecessary drugs, and, according to these regulations, nursing home residents have the right to be protected from chemical restraints and medication for the sake of convenience or discipline to nursing home staff or doctors. It is illegal for facilities to give strong psychotropic drugs to patients without a doctor’s orders, patient’s consent and treatment justification, as patients may experience dangerous side effects like tremors, severe lethargy, nursing home falls, and wrongful death.

The Department of Health and Human Services states that nursing homes are required to have an outside pharmacist consult and review a patient’s medication schedule at least once a month. Once the outside pharmacist checks with the patient, they are obligated to report any oddities in the prescription drug schedule with the physician, and are able to make recommendations on how they would alter the medicine plan. But according to the complaint by the government, Johnson & Johnson used the consultant pharmacists as a tool to increase market share—dissolving the trust and integrity that should be a cornerstone for the health and safety of nursing home residents.

The New York Times reported this is not the first time that a drug company has been charged for using antipsychotic prescriptions to drug elderly residents. Eli Lilly pleaded guilty to a misdemeanor last January in a nearly $1.5 billion settlement of criminal and civil charges that the pharmaceutical company had marketed Zyprexa, the antipsychotic drug for the treatment of dementia with elderly people. Omnicare and Johnson & Johnson were reportedly trying to compete against AstraZenica’s antipsychotics, by increasing market share for Risperdal.

Continue reading " Nursing Home Residents Allegedly Drugged for Pharmacy Gain " »

In a recent nursing home injury blog, our Maryland-based attorneys discussed the epidemic of unnecessary drugging and chemical restraints going on in nursing homes, that can cause nursing home injury and threaten the lives of elderly residents.

Last week, the U.S. Justice Department filed a civil False Claims Act complaint against the drug giant Johnson & Johnson, for allegedly paying millions of dollars in kickback payments to a pharmacy company, in order to boost sales of antipsychotic prescription drugs for nursing home patients—drugs that can be used as chemical restraints with residents, that patients may or may not need.

The complaint alleges that from 1999—2004, pharmacists from Omnicare, the nation’s largest pharmacy, worked intensively to persuade physicians to prescribe Johnson & Johnson drugs in nursing homes, including the antipsychotic drug Risperdal, in exchange for kickback payments. The kickbacks were reportedly delivered to Omnicare in the form of rebates, grants, or educational funding.

Johnson & Johnson reportedly turned to Omnicare to increase the building of market share, knowing that physicians accepted advice on drugs from Omnicare pharmacists more than 80% of the time, and they were seen as an extension of the Johnson & Johnson workforce. The nursing home residents allegedly included people suffering from Alzheimer’s disease and dementia.

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Maryland Lawmakers headed to Annapolis last week for the annual 90-day session of the Maryland General Assembly, and Delegate Sue Hecht from Frederick County, a Democrat, has returned to support one of her bills that would allow families to use video cameras to monitor the treatment of elderly residents in a nursing home or assisted living facility.

Hecht is reportedly reintroducing Vera’s Law, HB557—Video Monitoring Legislation, a longtime bill she has worked on, to allow elderly residents to have video monitoring in their rooms for protection against nursing home abuse, negligence and violence.

Delegate Hecht originally introduced the bill after she witnessed her grandmother experience nursing home abuse by a nurse’s aid while residing in a home, over ten years ago. Vera’s Law is named after her Grandmother.

Hecht also reintroduced this legislative proposal in 2009—to give assisted nursing home and assisted living facility residents and their families the right to install video cameras or monitoring devices in the resident’s room, with consent of the roommate. The bill from 2009 did not require that the monitoring was paid for by the facility—the cost would be covered by the resident or resident’s family, as would the mounting device for the camera.

Continue reading " Maryland Lawmaker Supports Nursing Home Video Monitoring Legislation " »

In a recent article discussing decubitus ulcers, a leading cause of nursing home injury and death in this country affecting nearly one million Americans every year, our Maryland-based attorneys from Lebowitz and Mzhen, LLC have read about another tragic case, where a resident of a nursing home developed multiple non-healing pressure ulcers that allegedly lead to his death.

According to the lawsuit, Edwin Ley developed multiple pressure sores or decubitus ulcers while staying in Collinsville Rehabilitation and Health Care, that developed on his buttocks, feet, elbows and coccyx. Ley reportedly died from the complications of these sores and from severe malnourishment and neglect while being a patient at the center from December 4, 2007 through January 23, 2008.

When a nursing home resident rests for too long in one position without shifting weight, the resident’s blood supply to the skin is cut off, due to unrelieved pressure. The skin then begins to breaks down, and causes decubitus ulcers to form.

The suit was filed by Dorothy Ley, special administrator for Ley’s estate, and she states in the complaint that Ley’s condition deteriorated to such an extreme state that he was sent to the emergency room and diagnosed with dehydration and pressure ulcers. Edwin Ley died on June 10, 2008 from his condition, and according to the suit, in the months before his death, he suffered pain, disability, medical costs, and disfigurement.

Continue reading " Pressure Ulcers Claim Resident’s Life—Nursing Home Sued for Negligence " »

In national nursing home abuse news, our Maryland-based Nursing Home Abuse and Neglect Lawyers have been following the recent lawsuit in which Valerie Lamb, one of three former employees of Madison Manor who were indicted for nursing home abuse, pleaded guilty yesterday to a misdemeanor charge, for abusing an adult patient.

Lamb, a former employee of Madison Manor, otherwise known as Richmond Health and Rehabilitation Complex, was indicted in a grand jury trial in April, after being filmed on a hidden camera abusing Armeda Thomas, an Alzheimer’s patient and resident of the Kentucky home.

The family of Thomas suspected that Armeda was experiencing nursing home abuse, and they planted a hidden surveillance camera to film her treatment in August of 2008. The camera caught incidents of abuse and neglect on tape by several of the nursing home staff members.

In the indictment, Lamb was accused of reckless nursing home abuse and neglect of an adult, and charged her with holding Thomas up by her neck and raising her legs to a height that caused personal injury and pain when she changed her adult diapers for incontinence.

Continue reading " Former Nurse’s Aide Enters Guilty Plea for Nursing Home Abuse " »

Our nursing home abuse and neglect lawyers in Maryland and the Washington D.C. area have been following the news of a lawsuit settlement announced yesterday between five Missouri-based nursing homes, the operator of the homes, and federal prosecutors. The homes were charged with severe negligence, inadequate care, lack of staffing, and complaints of fraud.

The five nursing homes are all operated by Cathedral Rock of Texas, but are located in Missouri. According to the Star-Telegram, the nursing home company acted with severe nursing home neglect, by leaving nursing home residents’ skin sores untreated for so long that they became infested with maggots and amputations were necessary. The staff was also accused of not bathing, feeding, or providing the proper bathroom accommodations for the nursing home residents.

In the plea agreements, the company admitted that the homes were not equipped with enough staff to provide adequate nursing home care and that residents often did not receive required medication or proper wound care treatment. The company also admitted to doctoring the medical records to give the appearance that all patient medications had been administered, regardless of whether they had been given or not. The nursing home was also charged with cheating Medicare and Missouri Medicaid, by submitting fraudulent claims for services that weren’t provided or were of no value.

Cathedral Rock of Texas pleaded guilty to felony health care fraud, and C. Kent Harrington, a majority owner in Forth Worth, entered a plea agreement that will require him to pay, along with Cathedral Rock, $1 million in criminal fines. Harrington and the nursing home company must also pay $628,000 to resolve civil allegations of fraudulent claims made to Medicare and Missouri Medicaid, as well as implement programs that protect nursing home residents from abuse and neglect in the future.

Continue reading " Nursing Homes and Operator Admit to Fraud and Negligence in 1.6 Million Settlement " »