Illinois “Angel of Death” Nursing Home Abuse Cases Leads to Two Wrongful Death Lawsuits
In Illinois, a judge refused to drop any of the criminal charges against the former supervisor of the Woodstock Residence nursing home. Penny Whitlock was indicted on seven charges—including two felony charges of obstructing justice and five counts of criminal neglect—related to several deaths that occurred at the McHenry County nursing home in 2006.
An investigation by the Illinois Department of Public Health found that Marty Himebaugh, one of the nurses at the home, may have purposely overdosed a number of patients with morphine. According to workers at the home, patients were given excessive doses of morphine because Himebaugh thought they had lived long enough or considered them too much trouble to take care of.
After Whitlock found out about the nurse’s behavior, she reportedly told the nurse she could be the home’s “Angel of Death.” The indictment against Whitlock also accuses the former supervisor of failing to report the first suspicious death (of Derek Magnus), which allegedly allowed for three more residents to die from morphine overdoses.
Whitlock has denied all the charges against her. Her attorney tried to get three of the criminal charges dropped against her on the grounds that Illinois law does not allow a defendant to be accused of neglecting someone because of neglect against someone else. Judge Joseph Condon, however, said the issue isn’t about whether the abuse of one resident led to the abuse of the other victims. Rather, the question is whether or not Whitlock failed to report the alleged nursing home abuse.
Himebaugh, who was indicted on six felony charges, has also pleaded not guilty.
Two Illinois wrongful death cases have already been filed related to morphine overdose deaths at Woodstock Residence. In the first nursing home abuse lawsuit, Vicki Lund is suing WHRC & RC Inc, Whitlock, Himebaugh, and Woodstock Residence Administrator Alissa Nataupsky for her mother Virginia Cole’s death due to alleged morphine overdose.
Sharon Hunt filed the second wrongful death case after her son John Sherman also died of an alleged morphine overdose while staying at the nursing home. Hunt is also suing Doctor Gurbax Saini, Seasons Hospice, and a registered nurse practitioner Kathy Gallias.
Woodstock Residence is now called the Crossroads Care Center of Woodstock and is under new ownership.
Court upholds charges against supervisor in 'Angel of Death' case, DailyHerald.com, September 29, 2008
Second wrongful-death suit filed in 'angel of death' case, Northwest Herald, October 6, 2008
Related Web Resources:
Illinois Department of Public Health
Nursing home gets new name, Northwest Herald, April 21, 2008
