Disclaimer: The Law Offices of Steven J. Malman & Associates, PC does not represent the clients whose cases, settlements, and verdicts are discussed on this Blog site. Our Chicago injury law firm is reporting on current events. We are not using this Blog site to offer unsolicited legal advice.

Posted On: April 27, 2011

Illinois Nursing Home Negligence?: Assisted Living Facility Where Suspicious Morphine Deaths Occurred in the Headlines Once More

Former nursing supervisor Penny Whitlock has been cleared of the charges of criminal negligence and obstructing justice. She was on trial for allegedly failing to intervene even though she suspected that nurse Marty Himebaugh was giving lethal morphine overdoses in 2006 that may have resulted in six patient deaths.

Authorities said that Whitlock let Himebaugh administer the heavy morphine doses to control residents who were troublesome or, in some cases, hurry their deaths. Yesterday, however, McHenry County Judge Joseph Condon dismissed the criminal neglect charge against Whitlock and today he found her not guilty of the obstruction of justice charge. Condon says that witnesses in the case gave conflicting testimonies and that he did not think the former nursing supervisor had “sinister” intentions when she got rid of patient medications. He also says there is no evidence that Whitlock tried to cover up anything.

Meantime, Himebaugh charged with improperly dispensing morphine and criminal neglect, is still awaiting her trial. Our Chicago Nursing Home Abuse Lawyer Blog has been covering the “Angel of Death” Illinois nursing home negligence case. Read one of our earlier blog posts for more information. We’d also like to remind you that even if the person accused of nursing home abuse or neglect isn’t charged and/or convicted in criminal court, your loved one might still be able to obtain compensation in criminal court for the harm he/she suffered.

Among those testifying was Ann Acevedo, who was the nursing supervisor at the assisted living facility that year. She says that Whitlock told her to destroy medication because the state police were coming.

Another nurse, Eleanore LaRocco, testified that hours before another resident died in April 2006, she saw Himebaugh leave that patient’s room. The latter had a bottle of morphine with her. LaRocco also says she overheard Whitlock tell Himebaugh that she didn’t have a problem with Himebaugh playing the role of "Angel of Death."

Supervisor cleared in nursing home deaths, Chicago Tribune, April 27, 2011

Nursing boss allegedly turned blind eye to ‘Angel of Death’, Chicago Sun-Times, April 20, 2011

Illinois “Angel of Death” Nursing Home Abuse Cases Leads to Two Wrongful Death Lawsuits, Chicago Nursing Home Abuse Lawyer Blog, October 7, 2008


Related Web Resources:
National Center on Elder Abuse

Morphine Overdose, Drugs.com

More Blog Posts:
Illinois Nursing Home Abuse Lawsuit Claims “Torture-Like” Punishment of Developmentally Disabled Resident Led to His Wrongful Death, Chicago Nursing Home Abuse Lawyer Blog, March 28, 2011

Nursing Home Negligence Allegations: Nine Nurses Charged in 175-Count Indictment, Chicago Nursing Home Abuse Lawyer Blog, October 19, 2010

Nursing Assistant Pleads Guilty to Sexually Assaulting Mentally Disabled Male Resident, Chicago Nursing Home Abuse Lawyer Blog, June 11, 2010

Continue reading " Illinois Nursing Home Negligence?: Assisted Living Facility Where Suspicious Morphine Deaths Occurred in the Headlines Once More " »

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Posted On: April 20, 2011

Chicago Nursing Home Negligence Lawsuit Claims North Side Assisted Living Facility Didn’t Inform Children of Their Mother’s Death

The children of Lovera Staples are suing Ridgeview Nursing Home for emotional distress and Chicago nursing home negligence. They claim that the assisted living facility failed to notify them that their mother had been for four months. It wasn’t until after Staples’s daughter called to wish her a happy birthday that they were informed that she had passed away in May 2010.

According to the Chicago nursing home negligence complaint, a nursing home worker spoke to Mary Staples on the phone told her that no one by the name of Lovera Staples lived at the North Side facility. When Mary and her brothers Roy Staples and Sylvester Staples went to the nursing home two days later, an administrator told them that their mother had died at St. Frances Hospital. Staples’ children also found out that her body had been at the Cook County Medical Examiner’s office since May.

The next day, on September 14, 2010, the family set up funeral arrangements for Staples. That same day, without the family’s consent, the Cook County Department of Health buried her body. The nursing home is accused of authorizing the removal of Staples’s body from the morgue.

Staples had lived at Ridgeview Nursing Home for nearly 19 years. Because of her disabilities, she needed assistance to bathe, eat, and walk.

Chicago Nursing Home Negligence
Assisted living facilities are supposed to inform family members whenever there is a change in a resident’s medical condition. There are certainly supposed to tell them if their loved one has died.

If you or your loved one suffered physical or emotional injuries because an assisted living facility was negligent or failed to fulfill its care obligations to you and your family, you may have grounds for a Chicago nursing home negligence case.

Nursing home didn't tell family of mother's death, suit says, WLS AM, April 20, 2011

Related Web Resources:
Nursing Homes in Illinois, Illinois Department of Public Health
Illinois Nursing Home Care Act


More Blog Posts:
Illinois Nursing Home Abuse Lawsuit Claims “Torture-Like” Punishment of Developmentally Disabled Resident Led to His Wrongful Death, Chicago Nursing Home Abuse Lawyers Blog, March 28, 2011

Illinois Nursing Home Negligence Lawsuit Filed After Pulmonary Embolism Causes Patient’s Death, Chicago Nursing Home Abuse Lawyer Blog, March 8, 2011

Continue reading " Chicago Nursing Home Negligence Lawsuit Claims North Side Assisted Living Facility Didn’t Inform Children of Their Mother’s Death " »

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Posted On: April 13, 2011

Chicago Nursing Home Neglect: Questions Surround More Fatalities at North Side Assisted Living Facility for Disabled Young Adults and Children

According to watchdog group Equip for Equality, at least five more deaths occurred at Alden Village North because of negligent nursing care. The group’s findings come after its members weeks spent at the assisted living facility examining documents, including medical records.

Equip for Equality says that about 20 Alden residents have died since 2008. That was the year that Floyd Schlossberg, who is the current nursing home operator, took over. The watchdog group said that they found 15 cases that they considered “troublesome.” Among those cases were five deaths that were “particularly egregious.” In the Chicago Tribune, Deborah Kennedy, the group’s abuse investigation director says that although its unclear whether Chicago nursing home neglect played a role in the deaths, negligent nursing care did contribute to the decline of the patients’ health.

Equip for Equity claims that the Chicago nursing home regularly got rid of evidence of medication mistakes, did not treat patients' illnesses correctly, disregarded lab results, and incorrectly investigated a number of nursing home deaths. One example of alleged negligent nursing care involved a 14-year-old girl who died in 2009. Her cause of death is listed as pneumonia. However, the watchdog group says that even though while she was still alive her lab results showed that she was experiencing “heavy growth” of Pseudomonas aeruginosa, there is no evidence in her medical records that she was given an antibiotic to treat the bacteria.

The North Side assisted living facility has been under close scrutiny since a Chicago Tribune investigation found that neglect and death were rampant at Alden. The Tribune had reported 8 deaths since 2008 that led to citations. The state of Illinois is in the process of trying to close the facility.

Alden is disputing Equip for Equity’s findings about the 5 deaths.

Chicago Nursing Home Neglect
Our Chicago nursing home abuse lawyers are appalled at the incidents of nursing home negligence that occur in many assisted living facilities. It is the patients who suffer. We are here to fight for our clients’ right to financial recovery from all responsible parties.

More deaths identified at North Side nursing facility for disabled kids, Chicago Tribune, March 28, 2011

More deaths reported at Alden nursing facility, WGNTV, March 29, 2011

Related Web Resources:
Alden Village North

Equip for Equality

Illinois Department of Public Health

Pseudomonas aeruginosa


More Blog Posts:
Chicago Nursing Home Negligence?: Tribune Reports at Least 13 Deaths in 10 Years at Alden Village North, Chicago Nursing Home Abuse Lawyer Blog, October 11, 2010

Illinois Nursing Home Abuse Lawsuit Claims “Torture-Like” Punishment of Developmentally Disabled Resident Led to His Wrongful Death, Chicago Nursing Home Abuse Lawyer Blog, March 28, 2011

Wrongful Death Lawsuit Claims that Illinois Nursing Home Neglect Led to Patient’s Bedsores, February 16, 2011


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Posted On: April 9, 2011

Cook County Elder Financial Abuse: Melrose Man Accused of Stealing over $900,000 from His Aunt

Chester Czernwinski has been indicted for financial exploitation of the elderly/disabled and two felony counts of theft above $100,000. The 59-year-old Melrose Park man is accused of “methodically” taking over $900,000 from his elderly aunt, a widow in her 90’s that suffered from Alzheimer’s and dementia. Elder financial abuse is Chicago elder abuse.

Czernwinski first gained access to her funds in February 2005 when he was given power of attorney. His aunt moved in with him and he handled her finances until her death in April 2008.

According to the Cook County Sheriff’s Office, while Czernwinski was in charge of his aunt’s money, he cashed out her life insurance, stocks, and annuities. He also sold her home in Broadview. Czernwinski allegedly used the money he made, as well as money from her bank accounts, for his personal use, including $30,000 for his son’s wedding, and $53,000 for a Lincoln Navigator.

Last year, the Cook County Sheriff’s Police Financial Crimes Unit started investigating Czernwinski following a relative’s complaint that there was money missing from woman’s estate. The relative later filed a Cook County lawsuit against Czernwinski, accusing him of “methodically” emptying out the woman's assets.

The woman’s relatives have said that Czernwinski prevented them from seeing her and that he kept her in his house basement until she was transferred to a nursing home.

Elder Financial Abuse
Our Chicago nursing home abuse and neglect lawyers represent elderly seniors who suffered financial losses because someone stole their money from them. Unfortunately, many elderly seniors who rely on others for care are easy targets of elder financial abuse. There are people out there who will take advantage of someone suffering from Dementia or who is too afraid to report that he/she is being taken advantage of by a caretaker or someone else who has access to the victim’s bank accounts or other funds.

Melrose Park man stole $900K from disabled aunt, Chicago Sun-Times, April 9, 2011

Ill. man accused of stealing $900,000 from aunt, Chicago Tribune, April 9, 2011


Related Web Resources:
Elder Fraud by Relatives or Caregivers

Financial Abuse, National Committee for the Prevention of Elder Abuse


More Blog Posts:
Father and Son Accused of Chicago Elder Financial Abuse of Mentally Disabled Victim, Chicago Nursing Home Abuse Lawyer Blog, September 27, 2010

Cook County Nursing Home Negligence?: Palos Park Nursing Home Residents Allegedly Robbed by Men Posing as Teens, Chicago Nursing Home Abuse Lawyer Blog, August 5, 2010

Illinois Governor Pat Quinn Battles Financial Elder Abuse with New Law, Chicago Nursing Home Abuse Lawyer Blog, July 19, 2010


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