Wednesday, March 16, 2011

Family of deceased nursing home patient sues Motion Picture & Television Fund for negligence

As reported by: The LA Times
Story Link - Click Here  

The family of an 89-year-old resident of the Motion Picture & Television Fund's nursing home who died after falling down a stairwell is suing the charity for negligence.

A recent lawsuit filed in Los Angeles Superior Court in Van Nuys alleges nursing staff failed to properly monitor Carrie Delay, a wheelchair-bound patient suffering from Alzheimer's disease who fell off a landing between the first and second floors of the Woodland Hills nursing home in October. Delay fractured her spine and sustained other injuries from the incident that caused her death a week later.

The suit is seeking unspecified punitive damages for wrongful death, elderly abuse and negligence.
A spokeswoman for the fund declined to comment.

The incident was the most serious to date at the skilled nursing facility, which has faced complaints from residents and family members alleging a deteriorating quality of care since the fund announced plans to shut down the nursing home and hospital (the fund's board now plans to turn over the operation to Catholic hospital chain Providence Health & Services).

The fund was recently fined $10,000 by the California Department of Public Health for failing to prevent multiple falls by a patient in the facility's unit for Alzheimer's patients. And last year, the agency imposed a $7,500 fine against the fund for failing to prevent a serious head injury to an 87-year-old resident.

-- Richard Verrier

Variety - Wrongful death suit filed against MPTF

As reported by: Variety
Story Link - Click Here 

A wrongful death suit has been filed against the Motion Picture & Television Fund by the family of an 89-year-old woman who suffered severe injuries from a fall at the facility's Woodland Hills nursing unit last October.

The family of Carrie Delay, who suffered from Alzheimer's Disease, says that on Oct. 17 she was left in her wheelchair unsupervised near a nursing station, but 30 minutes later was found on a landing between the first and second floors, a fall of about 15 feet. She suffered a severe fracture to her spine and other injuries, and died a week later.

Attorney Anthony Lanzone, representing Delay's family, said that they are questioning how she could have made it from the spot where she was left to some 300 feet away behind a fire door which she "was not capable of opening herself." He said that the state Department of Public Health also was conducting an investigation.
The suit was filed in Los Angeles Superior Court in Van Nuys. It also alleges a violation of the Patient's Bill of Rights, elder abuse and neglect and premise liability.

Delay lived at the facility for nearly a decade before her death, first at the cottages, then an assited living unit and then at the skilled nursing unit as her condition deteriorated.

A spokeswoman for the Motion Picture & Television Fund said they had no comment given the pending litigation.

A case management hearing has been set for Aug. 5.  Contact Ted Johnson at ted.johnson@variety.com

The Wrap - MPTF Sued Over 89-Year-Old Patient's Mysterious Death

As reported by: TheWrap
Story Link - Click Here

The family of Carrie DeLay is suing the Motion Picture and Television Fund and its longterm care facility for the death of a 89-year-old patient, who fell to her death under mysterious circumstances last October.

The family is seeking unspecified damages and charging the MPTF with wrongful death, patient neglect, elder abuse and violation of the patient's Bill of Rights.

"She dedicated her life to the movie industry and paid into the fund so she could live in this place. It's so unfair that there had to be this type of ending, and there’s no explanation," Anthony Lanzone, an attorney for the family, told TheWrap. "We want people to know that there is no shame in coming forward and telling the truth."
A spokesperson for the MPTF declined to comment on pending litigation.

As TheWrap first reported, the wheelchair-bound DeLay was found at the bottom of a staircase at the MPTF Woodland long-term care facility on October 17 after suffering a fall.

She died a week later.

The state launched an investigation shortly thereafter. However, investigators could not find any witnesses who could explain the circumstances of her tumble: The wheelchair-bound patient was last seen 300 feet from the stairs. To get to them she should would have somehow been able to push open a heavy fire door.
DeLay had been a resident for more than a decade and suffered from advanced Alzheimer’s disease. She was entirely dependent on nurses in order to get around, her attorneys claim.

"The Motion Picture & Television Hospital and its staff failed to use the degree of care that a reasonable person in the same situation would have used in assisting Ms. Delay with her care, failed to properly supervise her, and did not protect her from health and safety hazards that resulted in her death," DeLay's attorney charged in a statement.

After news of DeLay's death first broke, critics of the Motion Picture Fund home charged that low staffing levels and lax oversight were partly to blame for the accident.

Lawsuit Filed & Information Sought About the Suspicious Death of an Elderly Woman at the Motion Picture & Television Hospital


Press Alert
For Immediate Use
March 15, 2011

PRESS CONTACT:  Evan Lamont(562) 537-6936
                  
Lawsuit Filed & Information Sought About the Suspicious Death of an Elderly Woman at the Motion Picture & Television Hospital

WHAT:       The surviving family members of an elderly woman are seeking information regarding her 2010 death at the Motion Picture & Television Hospital in Woodland Hills.  On October 17th 2010, Ms. Carrie Delay, a 89 year-old patient suffering from advanced Alzheimer’s Disease and who relied entirely on facility staff members for care and transportation in her wheelchair, was severely injured as a result of falling off a landing between the first and second floors of the facility after being left unsupervised.  The fall resulted in a severe fracture to her spine of her C1 plus odontoid and L1 fracture as well as numerous contusions and skin tears.  Ms. Delay died a week later as a result of her injuries.

Los Angeles, CAThe surviving family members of an elderly woman are seeking information regarding her 2010 death at the Motion Picture & Television Hospital in Woodland Hills.  On October 17th, 2010 at approximately 2:15pm, Ms. Carrie Delay, a 89 year-old patient suffering from advanced Alzheimer’s Disease and who relied entirely on facility staff members for care and transportation in her wheelchair was severely injured after falling off a landing between the first and second floors of the facility after being left unsupervised.  The fall resulted in a severe fracture to her spine of her C1 plus odontoid and L1 fracture as well as numerous contusions and skin tears.  Ms. Delay died a week later as a result of her injuries.

Attorneys representing the family are seeking information regarding the circumstances of the fall, which took place nearly 300ft from where she was left unsupervised, passed a nursing station and behind a fire door which Ms. Delay was not capable of opening herself.  Ms. Delay had been a resident of the Motion Picture and Television Hospital for nearly a decade prior to her fall.  First she was admitted in the facility’s independent living cottages and then graduated to the assisted living unit and finally being transitioned to the skilled nursing unit as her mental condition deteriorated and she relied on greater assistance from the staff members for daily activities.

Prior to her fall, Ms. Delay had attended a church activity on the facility’s first floor and was being transported back to her room on the second floor.  Ms. Delay was left outside of her room at a table across from an in full view of nurses and a nearby nursing station.  The attendant taking care of Ms. Delay failed to verbally communicate with the other nurses that he was leaving her under their supervision.  Approximately 30 minutes later, a nurse assistant heard screaming and found Ms. Delay on the landing between the first and second floors (a fall of approximately 15 feet).  The facility called 911 and Ms. Delay’s doctor and she was transported to Northridge Medical Center for treatment.

The Motion Picture & Television Hospital and its staff failed to use the degree of care that a reasonable person in the same situation would have used in assisting Ms. Delay with her care, failed to properly supervise her, and did not protect her from health and safety hazards that resulted in her death.  The family of the deceased is hoping that an individual or individuals with information related to the case will come forward to help explain the circumstances of Ms. Delay’s fall in hopes of gaining a better understanding of how she was transported nearly 300ft away, past a nursing station and through a fire door with no outside assistance.

The complaint issued in this case alleges a Violation of the Patient’s Bill of Rights, Elder Abuse & Neglect, Wrongful Death and Premise Liability against Motion Picture and Television Fund, Inc., dba Motion Picture and Television Hospital.  The law firm representing the family in this case is Lanzone Morgan, LLP in Long Beach.

(PRESS CONTACT - For more information contact Evan Lamont at (562) 537-6936 or Evan@lamontgroup.biz)

Monday, February 28, 2011

Family of Infant who Sustained Burns Files Lawsuit Alleging Negligence at Orange County Tutor Time Location


Press Alert
For Immediate Use
February 28, 2011

PRESS CONTACT:  Evan Lamont(562) 537-6936
                  
Family of Infant who Sustained Burns Files Lawsuit Alleging Negligence at Orange County Tutor Time Location

WHAT:              The parents of an Orange County infant filed a civil lawsuit in Orange County Superior Court and served it to Tutor Time Child Care Learning Center LLC on behalf of their child, who was an alleged victim of negligence, suffering burns at an Orange County child care learning center. The suit is against Tutor Time Child Care Learning Center LLC, located at 2709 N. Bristol st, Santa Ana, CA 92706. The law firm representing the family is Lanzone Morgan, LLP in Long Beach.   

         Long Beach, CAThe parents of an Orange County minor filed a civil lawsuit in Orange County Superior Court on behalf of their infant child, who was an alleged victim of negligence, suffering burns at an Orange County child care learning center. The suit is against Tutor Time Child Care Learning Center LLC.

On or about January 27, 2010, a ten month old child was under the care of Tutor Time Childcare Learning Center in Santa Ana, California when employees heard the young child start to cry.  The caregivers at the time of incident were preoccupied with other children, and the child was left unattended.  At approximately 11:00am, while the child was in the “infant room”, an employee picked up the crying child to console him and noticed that his hand appeared to be severely burned.

After noticing the injury to the infant, the caretakers proceeded to try and calm the child down, but determined that the injury was severe enough that they needed to contact the parents right away to pick up their child.  In a panic, Lau family, the child’s mother picked up her son from the Tutor Time facility and determined that his hand was indeed burned and rushed him to urgent care immediately.  Her son was screaming and was unable to be consoled for nearly two (2) hours because of the pain.  He only stopped crying and fell asleep when he was given a pain reliever that contained codeine.

The next day, Lau’s parents took the child to a dermatologist to determine the extent of the injury.  The dermatologist observed epidermal sloughing of the dorsal aspect (top and back) of the child’s left hand and second, third, fourth and fifth fingers with mild yellow exudates.  This type of injury is commonly caused by liquid burns.  The child was diagnosed with second degree burns and a bacteria light determined that staphylococcus aureus had set in, requiring antibiotics to combat the infection, along with Tylenol with codeine to treat his pain.
                                                                                                                          
Furthermore, repeat examinations by the dermatologist in the days following the incident determined that hyperpigmentation had set in on the dorsal aspect of the child’s hand and that it was determined that he was experiencing altered sensation in the hand as a result of the injury.  On multiple occasions, the Lau’s contacted Tutor Time requesting an explanation of how their son had sustained the burns.  The Lau Family was never given an explanation as to the root cause of the injuries, which hindered the ability of medical caregivers to timely and appropriately treat the child’s burn.  At the time of the complaint being filed, no explanation has been provided as to the cause of the infant’s injury.

The complaint issued in this case alleges causes of action for Negligence, Negligence Res Ipsa Loquitur, Negligent Hiring and/or Supervision, Premises Liability and Battery against Tutor Time Child Care Learning Center, LLC.  The law firm representing the family in this case is Lanzone Morgan, LLP in Long Beach.

(PRESS CONTACT - For more information contact Evan Lamont at (562) 537-6936 or Evan@lamontgroup.biz)

Tuesday, November 16, 2010

10News San Diego - Family Files Suit Over Lakeside Group Home

As reported by: 10News San Diego
Story Link - Click Here

Lawsuit Claims Resident Of Home Molested Boy

A Lakeside family has filed a lawsuit against the company that runs a group home claiming one of its residents allegedly molested their son.

The alleged victim's family believes Joseph Cantorna would have never molested their son had he been properly supervised at the Lakeside group home.Tom Walker, who lives near the group home, said, "If a lawsuit is what it takes to get this place shut down, that would be great for me."

Walker has lived at his Cherry Road home for more than 20 years and his backyard is very close to the group home. In that time, he said he's seen more than one resident harass neighbors or even drop by uninvited.
"They've come over to my home in the middle of the night asking for help, cigarettes or money ... or different things like that," said Walker.

Walker told 10News Cantorna has been among the visitors.For many in the neighborhood, it's that kind of unsupervised behavior that prompted the family's lawsuit. The family said Cantorna molested their young son last September.In the suit, the family claimed the home is "without adequate supervision of behaviorally challenged residents including Cantorna.

The group home is run by Expanding Horizons Developmental Disability Services, and after charges were filed against Cantorna, 10News spoke with Dr. Steven LeFort, who owns and operates the home."I apologize if my agency was the cause of that," he said."He has not addressed any of the complaints and this is now, obviously, has become a public safety issue," said Jim Morgan, the family's attorney.Morgan said the young boy rode his bike in front of his own home when Cantorna molested him.

The lawsuit, according to Morgan, is meant to hold LeFort and Expanding Horizons responsible."People have a right to be safe in their own neighborhoods and not to live in fear," said Morgan.

Late Thursday, LeFort issued the following statement to 10News: Other than the e-mail you sent me, I am not aware that a lawsuit has been filed. If and when I am served with a lawsuit, we will be retaining legal counsel." A hearing to determine Cantorna's mental competency is set for December.

More information is being sought regarding other complaints against the Expanding Horizons Development Disability Services' facility.  If you have experience disturbances by residents of this home or other homes owned by Expanding Horizons, you are encouraged to contact the attorneys of Lanzone Morgan, LLP, at 1-888-887-9777.