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.

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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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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March 28, 2011

Illinois Nursing Home Abuse Lawsuit Claims “Torture-Like” Punishment of Developmentally Disabled Resident Led to His Wrongful Death

The family of Paul McCann is suing Graywood Foundation for Illinois nursing home abuse and wrongful death. The not-for-profit organization, which runs a number of group homes in the state, has been under investigation for alleged nursing home neglect and abuse. McCann, 42, died last January after nursing home employees Keyun Newble, 25, and Marquis Harmon, 23, allegedly assaulted him. They are charged with first-degree murder.

McCann is the second Graywood assisted living facility resident to die amidst allegations of nursing home abuse over the last three years. Now, the Chicago Tribune is reporting that state officials knew about the alleged abuses as early as two years before McCann’s death.

In a 2009 memo, which the AP obtained with a Freedom of Information Act request, a state investigator called the conditions at the Graywood Foundation homes “totally unacceptable.” The memo was drafted nearly a year after two employees were charged with resident Dustin Higgins’ murder. Yet, according to the McCann family’s Illinois wrongful death lawyer, even after state investigators substantiated 18 allegations of nursing home neglect and abuse, the residents’ relatives were not notified about these problems.

The McCann family claims that Harmon and Newble punched and kicked him for 45 minutes as punishment because he allegedly stole food. McCann’s ribs were broken in 13 places and he died when fluid entered his lungs.

Nursing homes should be held liable for Chicago nursing home negligence if they fail to prevent abuse and neglect incidents from happen and a patient is injured as a result. Unfortunately, Chicago nursing home abuse continues to be a problem at a number of assisted living facilities and it is the residents who end up suffering.

Memo: Ill. knew of group home abuses before death, Chicago Tribune, March 27, 2011

Lawsuit: 'Torture-like' discipline led to death at group home, Daily Herald, February 10, 2011

Man beaten in local home, DenNews, January 27, 2011


Related Web Resources:
Nursing Homes in Illinois

Illinois Department of Public Health


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

Illinois Nursing Home Negligence Alleged in Death of Woman Who Developed Sepsis, Dehydration, and Hypoxia, Chicago Nursing Home Abuse Lawyer, February 8, 2011

Chicago Nursing Home Negligence Alleged in Cook County Wrongful Death Lawsuit Against Hinsdale Assisted Living Facility, Chicago Nursing Home Abuse Lawyer Blog, September 3, 2010


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October 19, 2010

Nursing Home Negligence Allegations: Nine Nurses Charged in 175-Count Indictment

Seeking to protect an incapacitated nursing home resident’s identity, a judge has ruled against allowing defense attorneys to release portions of surveillance tapes that show the patient being subjected to nursing home neglect at the Northwoods Rehabilitation and Extended Care Facility. The nursing home negligence allegations were made against nine aides and nurses that were named in a 175-count indictment last month. They are accused of endangering the welfare of an incompetent or physically disabled person, falsifying business records, and willful violations of health laws. Five other nurses that were also accused of nursing home neglect have reached plea agreements and settled the criminal cases against them.

In March and April last year, investigators set up a hidden camera in the resident’s room. During a six week period, what was captured on tape led to the arrests of the 14 nurses and aides on numerous misdemeanor and felony counts over the failure to properly care for the patient. The nursing staff are accused of failing to treat the resident’s bedsores, failure to administer medications, failing to change the patient’s undergarments for long periods, and not checking whether the resident was suffering from incontinence. The patient is no longer residing at the nursing home.

It was just last year that Northwoods Rehabilitation and Extended Care Facility was under investigation following an alleged incident of sexual abuse involving an elderly patient as the victim. Robert Gunderson, a certified nurse aid who worked at the facility (as well as others in the area), was accused of touching the vaginal and breast areas of a 78-year-old physically helpless patient.

Chicago Nursing Home Negligence
Failing to properly care for an assisted living resident can be grounds for Chicago nursing home neglect. Providing the patient with inadequate nursing care, the wrong type of medical care, and/or failing to take care of the residents’ medical and other needs can cause serious injuries, illness, and/or death.

Judge: Don't release Northwoods tapes, Times Union, October 15, 2010

14 Nurses, Aides Charged In Nursing Home Abuse, North Country Gazette, September 23, 2010


Related Web Resources:
National Center on Elder Abuse

Elder Abuse and Neglect, HelpGuide.org

Continue reading "Nursing Home Negligence Allegations: Nine Nurses Charged in 175-Count Indictment" »

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August 27, 2010

Nursing Home Abuse: Six Arrested for Greasing Dementia Patients with Cream as Prank

A prank on fellow nursing home workers became an example of nursing home abuse when six employees went too far and covered residents with a slippery cream. They had greased the patients so that their co-workers would have a difficult time handling the residents when providing them with nursing care, taking them to the bathroom, or moving them. All of the residents involved have dementia and never gave their consent to be a part of the joke.

The six nursing home workers have since been fired and arrested. They each face one misdemeanor county of injury to an elder or a dependent adult, battery committed while on hospital property, battery committed on an elder or a dependent adult, and conspiracy.

Fortunately, none of the patients were injured during the prank—though the grease on their bodies could have easily allowed them to slip through a caretaker’s grasp, placing them at risk of broken bones or a fractured hip in the event of a fall accident.

Nursing home workers should never take advantage of their patients by abusing, neglecting, or playing jokes on them without their consent. Such acts ignore a resident’s rights and can cause emotional trauma, pain, and suffering. Patients come to an assisted living facility because they need to be taken care of—not so that nursing home workers and others can do with them what they will.

Our Chicago nursing home neglect and abuse lawyers are committed to making sure that our clients obtain justice and fair treatment. We are here to fight for their financial recovery.

6 arrested for greasing elderly at CA nursing home, Newsvine, August 3, 2010

Elders allegedly abused at nursing home, UPI, August 4, 2010


Related Web Resources:
ElderCare

US Department of Health and Human Services

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July 30, 2010

Illinois Nursing Home Negligence Alleged in Man’s Wrongful Death

The widow of Earl G. Jent has filed an Illinois nursing home negligence lawsuit blaming Bridgemark Healthcare, Helia Healthcare of Benton, and Helia Healthcare of Energy for his Benton wrongful death. Jent resided at the Benton and Energy facilities from June 4 to June 18, 2009.

According to Katheryn Jent, her husband developed a pressure sore on his back and a recurring C-diff infection, a colon infection that is caused by bacteria, while staying at the Illinois assisted living facility. She contends that despite signs that her husband was suffering from this infection, nursing home workers did not send him to the emergency room until June 18, which was the day that he died.

She is also accusing them of failing to monitor his mental and physical health in a timely manner, not recognizing that he was suffering from C-diff infection, failing to notice that he had decubitus ulcers, failing to recognize that because he had the colon infection in the past that he was at risk of having it again, not notifying his doctor about his poor intake, and failing to recognize that he not getting the proper care.

Katheryn Jent is seeking over $50,000. She contends that prior to his death her husband experienced suffering and pain, incurred medical costs, and lost his normal life.

Chicago Nursing Home Negligence
Many nursing home residents may already be suffering from a lower immune system. This makes it even harder for them to combat infections and other health issues that may arise. Assisted living facilities know this, and it is their job to properly monitor residents’ condition, provide prompt and proper treatment, keep doctors and family members abreast of any changes in health, and, when necessary, send a nursing patient to the hospital. Failure to provide the proper nursing care is Chicago nursing home neglect and can be prove fatal for the patient.

Nursing homes blamed in resident's death, Madison Record, July 28, 2010


Related Web Resources:
C-diff infection

Nursing Home Guide, Consumer Reports

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July 6, 2010

Join the Fight Against Chicago Nursing Home Abuse in July

The month of July is Elder Abuse Awareness Month in Illinois. Over the next few weeks, communities will sponsor events aimed at creating greater awareness about this problem, which the US Administration on Aging says continues to affect about 700,000 to 3.5 million elderly persons in the US each year. Unfortunately, these figures are low estimates when you consider that only one out of every five abuse cases is reported.

At our Chicago nursing home neglect and abuse law firm, we are dedicated to combating Illinois elder abuse and making sure that our clients and their families are compensated for injuries and deaths caused by Illinois nursing home negligence. There are steps that you can take to protect your loved one from Chicago elder abuse including:

• Before choosing your loved one’s nursing home, actually visit the assisted living facility and personally inspect the place.
• Talk to nursing home workers at each facility and watch how they interact with patients.
• Observe the residents to see whether they seem happy and comfortable at the nursing home.
• Check out the Medicare Web site to see how the assisted living facility fared under the federal rating.
• Once your loved one is admitted to a nursing home, visit and call regularly.
• Watch out for signs of elder abuse or neglect.

According to the Illinois Department on Aging, there are up to 80,000 Illinois elder abuse victims each year. The state is encouraging people to "Break the Silence" and report any suspected elder abuse and neglect incidents. Remember that elder abuse takes place in Illinois nursing homes and in private settings. Chicago, Illinois elder abuse and neglect can lead to physical injuries, emotional trauma, health complications, sepsis, elder financial abuse, clogged breathing tubes, verbal abuse, sexual abuse, malnutrition, dehydration, choking accidents, wandering accidents, fall accidents, bedsores, and death.

Help prevent elder abuse, Chicago Tribune, June 25, 2010

Illinois Department on Aging urges people to “Break the Silence” and report suspected incidents of Elder Abuse, Illinois Department on Aging, June 14, 2010

Related Web Resources:
Illinois Department on Aging

Elder Abuse and Neglect Act

US Administration on Aging

Nursing Home Compare, Medicare.gov

June 11, 2010

Nursing Assistant Pleads Guilty to Sexually Assaulting Mentally Disabled Male Resident

A former certified nursing assistant has pleaded guilty to sexually assaulting a mentally disabled patient. Junious Boyd Batten admitted that he raped the 55-year-old man, who has the mental capacity of a child, on several occasions. According to the victim’s testimony, in March 2008, Batten told him to take of his clothes and lie face down on the floor of the bedroom before doing “something he was not supposed to be doing.”

Batten is facing a maximum lifetime prison sentence after pleading guilty to one count each of forcible sodomy, abuse, non-forcible sodomy, and neglect of an incapacitated adult. By pleading guilty in an Alford plea, he is admitting there is enough evidence to convict him while maintaining that he is innocent. As part of his plea agreement, prosecutors dropped three non-forcible sodomy charges and four forcible sodomy counts.

The former nursing home employee, who worked at the Cote de Neige Home for Adults between late 2006 and the middle of 2007, also admitted to sexually abusing a 24-year-old resident at the assisted living facility. The younger victim is the one who told a counselor about the sexual abuse.

In June 2008, the disabled man’s family filed a $3.5 million nursing home negligence lawsuit against Cote de Neige and its owner for exhibiting reckless disregard for residents when they hired Batten. Prior to and during his time at the home, Batten had been charged with 13 crimes. Although a number of them were dismissed, he was convicted on two assault and battery charges, public intoxication, and contempt of court.

In May 2009, a jury awarded the plaintiffs $750,000 in nursing home negligence damages. $500,000 was for compensatory damages and $250,000 was for punitive damages.

Nursing assistant admits raping disabled man at Newport News group home, Daily Press, May 19, 2010

Facility Hit With $750k Damages In Sexual Assault Case, Daily Press, June 4, 2009

Male nurse admits to raping disabled man in Newport News nursing home, Examiner.com, May 20, 2010

Related Web Resource:
Nursing Home Safety, Chicago Tribune

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May 15, 2010

Nursing Home Abuse: Former Aide Gets 60-Year Prison Sentence for Sexually Assaulting Patients

A former nursing home aide has been sentenced to 60 years in prison for sexually assaulting four patients at the National HealthCare assisted living facility. Earlier this year, James Wright entered an Alford plea to four counts of aggravated sexual battery. This type of plea acknowledges that there is enough evidence to convict him but does not obligate a defendant to plead guilty.

According to a court-ordered psychological evaluation to determine the 35-year-old’s eligibility for a sex offender treatment program, Wright blames his victims for his sexual crimes. The evaluation findings describe him as a manipulative hedonist who has a tendency to engage in exhibitionism and voyeurism and ranks his personality along with that of the average molester or rapist. It wasn’t until moments before Wright was sentenced that he admitted responsibility for his actions and asked for forgiveness from his nursing home abuse victims and their families.

Nursing board documents report that seven patients from NHC had complained of sexual assault while Wright was caring for them. Since then, former NHC nurses have said that management routinely disregarded complaints made by nurses and patients regarding Wright’s behavior.

After leaving NHC, he was hired at Brookdale Senior Living-Grand Court Bristol in September 2007. A spokesperson for Brookdale Senior Living says that Wright’s references were flawless and he passed a criminal background check. However, patients from Grand Court Bristol have also come forward claiming that he sexually assaulted them too.

Chicago Nursing Home Negligence
Assisted living facilities must protect patients from becoming the victims of Chicago, Illinois nursing home abuse, neglect, sexual assault, or patient violence. Unfortunately, there are nursing homes that continue to disregard complaints made by residents and/or fail to take the necessary measures to keep violent sexual offenders and abusive workers out of their facilities.

Wright sentenced to 60 years in nursing home abuse case, TriCities, May 14, 2010
Did an NHC nursing home let a serial molester run free for seven years? , Nashville Scene, April 9, 2009

More Nursing Home Abuse Cases Uncovered, Tricities.com, August 28, 2009


Related Web Resources:
Nursing home overview, Medicare

Making the Right Choice, National Institute on Aging

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April 22, 2010

Another Illinois Nursing Home Abuse Lawsuit Filed Against La Salle County Nursing Home

Barbara Snyder is suing La Salle County Nursing Home for its failure to protect a former 81-year-old resident from the sexual advances of a male resident. The patient, now deceased, is one of 10 female residents who were allegedly sexually abused by the male patient, who has a history of sexual misconduct. Most of the victims have dementia.

This is the third Illinois nursing home negligence lawsuit filed against the assisted living facility over the alleged sexual assault incidents. In October 2009, Henry Elzer filed a La Salle County nursing home abuse complaint seeking at least $250,000 for a female patient whose pelvic bone cracked during an incident with the same male resident. The following month, Marilyn Wig filed an Illinois nursing home neglect lawsuit on behalf of another female resident. Wig’s complaint sought $100,000.

Chicago, Illinois Nursing Home Sexual Assault
Sexual abuse is a crime—no matter who the victim or the perpetrator. It is disturbing to realize that many old, frail, and weak nursing home patients are left unprotected at assisted living facilities to the extend that they become easy prey for sexual offenders and abusers.

It is an Illinois nursing home’s responsibility to provide a resident with the proper nursing care and make sure that he/she does not become the victim of Chicago nursing home abuse, neglect, sexual assault (including rape, unwelcome fondling, or molestation), or other violent crimes.

Not only should residents be properly supervised, but assisted living facilities should make sure that sexual offenders are kept far away from other patients and that background checks are performed on prospective employees and patients to determine whether they have a criminal record and/or a violent past.

LA SALLE COUNTY NURSING HOME: Another suit filed over sex abuse, The Times, November 10, 2009

Third suit filed against La Salle County Nursing Home, News Tribune, April 17, 2010

Related Web Resources:
Nursing Home Safety Task Force, Illinois.gov

Nursing home sexual violence: 86 Chicago cases since July 2007 — but only 1 arrest, Chicago Tribune, January 26, 2010

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April 20, 2010

Nursing Home Abuse: Worker Accused of Smothering an 87-Year-Old Patient is Charged with Her Murder

Maximo Hong Fajardo Jr., a 32-year-old certified nursing assistant, is charged with the murder of Barbara McIver. The 87-year-old nursing home resident died last month at the Convalescent Center Mission Street after Fajardo allegedly smothered her.

The first time that Fajardo Jr, a new employee at the assisted living facility, was given permission to spend time with the patients while unsupervised was on the day that McIver died. The alleged murder took place in front of other bedridden patients.

Fajardo Jr. is accused of then fleeing from the nursing home, carjacking two vehicles, attempting to steal a third car, and knocking down a cop while trying to avoid capture.

The nursing home worker, who doesn’t have a criminal record, pleaded not guilty to the criminal charge.

Chicago, Illinois Nursing Home Abuse
Nursing home workers are supposed to take care of patients. They aren't supposed to neglect, abuse, or harm them in any other way. Unfortunately, nursing home abuse and neglect and patient violence continue to be problems at many assisted living facilities, and it is the patients that suffer.

If your loved one was the victim of a violent crime committed by a nursing home worker, another resident, or anyone else at the assisted living facility, you may have grounds for pursuing a Chicago nursing home negligence lawsuit. Long-term care facilities are supposed to make sure that the workers they hire are properly trained, do not have a criminal record or violent tendencies, and are appropriately supervised.


Continue reading "Nursing Home Abuse: Worker Accused of Smothering an 87-Year-Old Patient is Charged with Her Murder" »

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April 16, 2010

After 14 People Charged with Nursing Home Neglect, More Families Allege Negligent Care in Their Parents’ Deaths

Two families say negligent nursing care at Northwoods Rehabilitation and Extended Care Facility contributed to their parents’ deaths. Their allegations come after 14 of the facility’s nursing workers were charged with the neglect of a 50-year-old patient, who was allegedly left immobile for hours at a time. Not only are the defendants accused of failing to properly treat her bedsores, but they also allegedly did not give her medication or change her underwear. They are also accused of trying to cover up the nursing home neglect. However, surveillance footage shot over a six-week period as part of a state investigation in 2009 captured evidence to the contrary.

Now, Suzanne Gilday and her sisters are saying that their mother, Mary Ann Papielion, was also a victim of nursing home neglect while staying at the assisted living facility. Gilday says the nursing home workers left Papielion lying on a bedpan for almost an hour and accidentally administered medication to her from another resident’s inhaler. The sisters frequently had to change the 66-year-old woman’s bedsheets for her.

Three months into her stay at the nursing home, Papielion developed a UTI that turned into septic shock. She was hospitalized and died soon after.

Another family, Joseph Gruber’s relatives, say he also died because of nursing home neglect. The 78-year-old patient checked into the assisted living facility in September 2008 because arthritis caused him to experience limited range of movement.

Gruber, who was inserted with a urinary catheter, ended up in a hospital after a urinary tract infection turned into a septic infection. He had bedsores all over his backside from head to toe. A nurse at the hospital said that the former firefighter’s condition was typical for someone who had stayed at Northwoods. After Gruber’s death, his family was billed $120,000 for the nursing care he supposedly received.

Families allege poor care at facility, Timesunion.com, April 2, 2010

14 Charged With Nursing Home Neglect, Fox23, April 1, 2010


Related Web Resources:
Bedsores, MayoClinic.com

Septic Shock, Medline Plus

Nursing Home Abuse Overview, Justia

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March 2, 2010

Judge Gives Nurse Charged With Illinois Nursing Home Neglect $10,000 in Legal Assistance

A judge has agreed to give Penny Whitlock $10,000 to hire expert witnesses. Whitlock, a registered nurse, is charged with two counts of obstructing justice and five counts of criminal neglect of a long-term care facility resident. The criminal charges were filed following a 15-month probe into a number of suspicious deaths at the Woodstock Residence assisted living facility in 2006.

Whitlock, who used to serve as the McHenry County nursing home’s director, is accused of endangering patients when she failed to report allegations made by staff members that nurse Marty Himebaugh was administering dangerous doses of drugs, such as morphine, to patients. Whitlock allegedly said that Himebaugh should be allowed to keep acting as the “Angel of Death.”

Whitlock says she is already $107,000 in debt and cannot afford to pay more for her defense. Although county prosecutors did not object to her request for legal help, they have said that if she is convicted, she will have to pay the county back for the expert fees.

Meantime, Himebaugh is waiting for her criminal trial on multiple felony charges to take place.

Illinois nursing home abuse and neglect are not only crimes but they can be detrimental to a patient’s health. In the ideal case scenario when Chicago, Illinois nursing home abuse or neglect is involved, the offending nursing home worker is brought to justice in criminal court. Regardless of whether or not this happens, an Illinois nursing home negligence victim or the family member of someone who died because of abuse, neglect, or medical malpractice at an assisted living facility may be able to sue the liable party/parties for damage.

For instance, in 2008, Vickie Lund filed a McHenry County nursing home negligence lawsuit against Woodstock Residence, Himebaugh, and Whitlock. Lund says that Virginia Cole died after she was administered “improper and unlawful” doses of medication while at the assisted living facility. In another Illinois wrongful death lawsuit, Sharon Hunt claimed that her son died because he was administered a deadly dose of morphine while staying at Woodstock Residence.

Nurse accused of ignoring suspicious deaths gets $10,000 to help defense, Daily Herald, February 25, 2010

Arrests Made In McHenry County Nursing Home Deaths, CBS2 Chicago, April 4, 2008

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

Related Web Resources:
Nursing Homes in Illinois

Elder Abuse Prevention, Illinois Department on Aging

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