Stop The Elder Abuse - Lanzone Morgan, LLP Blog

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

2011-03-16T10:50:00.000-07:00

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

2011-03-16T10:47:00.000-07:00

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

2011-03-16T10:42:00.000-07:00

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

2011-03-16T10:40:00.000-07:00

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 17^th 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, CA – 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 17^th, 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)

AP - Mickey Rooney Addresses Elder Abuse & 'Emotional Blackmail'

2011-03-03T14:50:00.000-08:00

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

2011-02-28T07:46:00.000-08:00

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, CA – The 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)

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

2010-11-16T09:34:00.000-08:00

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

Lawsuit Claims Resident Of Home Molested Boy

SAN DIEGO -- 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.

CBS 8 San Diego - Lawsuit Filed Against San Diego Group Home, Expanding Horizons, Stemming from Alleged Sexual Molestation

2010-11-16T09:26:00.000-08:00

There's a new legal move in the case of a sex offender accused of molesting two boys in Lakeside. A victim's family is suing the operators of the group home where the predator was living at the time. When Marco Valenzuela's son came home and told him a man had just touched his genitals and bottom, he took no time at all to approach the man who did it. "He stood there and said 'I'm sorry I like little kids,'" Valenzuela said. Now the Valenzuela family has filed a lawsuit against Expanding Horizon.

More information is being sought regarding other complaints against the Expanding Horizons Developmental Disability Services’ facilities. If you have experienced 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.

Depuy Hip Replacement Attorney - California Braces for Hip Replacement Lawsuits

2010-09-13T19:51:00.000-07:00

A subdivision of the Johnson and Johnson company, Depuy Orthopaedics is recalling hip replacement parts used by about 93,000 people throughout the world.

Here is a link to a story with additional information about the DePuy hip recall.

The recall was caused by the enormously high rate of surgeries needed by patients who received the DePuy hip replacements. In the meantime, Lanzone Morgan, LLP is getting prepared for the slue of expected DePuy Hip Replacement cases that will be forthcoming.

If you or a loved one received a DePuy Hip Replacement in the last few years, call 1-888-887-9777 to consider obtaining legal counsel on this matter. Or for additional information, visit www.LanzoneMorgan.com.

Jim Morgan of Lanzone Morgan interviewed by KCBS-2 / KCAL-9 for Elder Abuse Case

2010-07-19T11:24:00.000-07:00

Jim Morgan of Lanzone Morgan, LLP was interviewed recently by KCBS-2 & KCAL-9 regarding a civil lawsuit for a client against the Alderwood Convalescent Manor in San Gabriel, CA. The case stems from a lawsuit filed on behalf of the Bond family.

Click here to watch the interview and story.

On or about July 29, 2008, Bond's daughter, Kathleen Bond, visited her father at the nursing home in question. While Kathleen Bond was walking down the hall to see her father, she could hear him yelling out for help. No staff was around to assist Bond despite his cries, and when Kathleen Bond arrived at her father’s bedside, there was no nursing home staff in sight. When Kathleen Bond arrived at her unattended father’s bedside, she found him covered in black ants from head to toe.

The complaint alleges causes of action for Wrongful Death, Violation of Patient’s Bill of Rights, Negligent Infliction of Emotional Distress and Elder Abuse & Neglect against the Alderwood facility. The law firm representing the family in this case is Lanzone Morgan, LLP in Long Beach.

For more information about Lanzone Morgan, LLP visit their website.

Ant Infestation Sparks Elder Abuse Lawsuit Against Los Angeles Nursing Home

2010-07-14T10:06:00.000-07:00

Press Alert
For Immediate Use
July 14, 2010

PRESS CONTACT: Evan Lamont – (562) 537-6936

Ant-Infestation Sparks Elder Abuse Lawsuit Against

Los Angeles Nursing Home

WHAT: On Wednesday, July 14, 2010, the family of James Bond, deceased, filed a civil lawsuit in Los Angeles County Superior Court on behalf of their father, who was an alleged victim of elder abuse and neglect at a nursing home. The suit is against Alderwood Manor Convalescent Hospital, located at 115 Bridge Street, San Gabriel, CA 91775. The law firm representing the family is Lanzone Morgan, LLP in Long Beach.

Long Beach, CA – On Wednesday, July 14, 2010, the family of James Bond, deceased, filed a civil lawsuit in Los Angeles County Superior Court on behalf of their father, who was an alleged victim of elder abuse and neglect at a nursing home. The suit is against Alderwood Manor Convalescent Hospital, located at 115 Bridge Street, San Gabriel, CA 91775. The law firm representing the family is Lanzone Morgan, LLP in Long Beach.

On or about July 29, 2008, Bond's daughter, Kathleen Bond, visited her father at the nursing home in question. While Kathleen Bond was walking down the hall to see her father, she could hear him yelling out for help. No staff was around to assist Bond despite his cries, and when Kathleen Bond arrived at her father’s bedside, there was no nursing home staff in sight. When Kathleen Bond arrived at her unattended father’s bedside, she found him covered in black ants from head to toe.

There were ants crawling on his face, in his eyes, in his nose, in his mouth, and in his ears. Kathleen Bond screamed for help as she began frantically to wipe ants off of her father. No staff immediately came to assist her. Instead, the staff was completely unaware of Bond's condition. Kathleen Bond was forced to scrape and pick hundreds of ants off of her father, including having to pick ants off of his face and body and away from his genital area.

The facility in question was completely unaware of the victim's condition, despite the fact that on at least two other occasions there were ants found on his body and in his room. The nursing home failed to remove Bond from his ant-infested room and failed to control the ant-infestation problem. The facility simply sprayed the ants and left spray cans in Bond's room while he resided there.

The complaint alleges causes of action for Wrongful Death, Violation of Patient’s Bill of Rights, Negligent Infliction of Emotional Distress and Elder Abuse & Neglect against the Alderwood facility. 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)

California Watch - 4/17 - Nursing homes received millions while cutting staff, wages

2010-04-21T22:46:00.000-07:00

As reported in California Watch
Article by: Christina Jewett and Agustin Armendariz

California’s nursing homes have received $880 million in additional funding from a 2004 state law designed to help hire more caregivers and boost wages.

But 232 homes did just the opposite. They either cut staff, paid lower wages or let caregiver levels slip below a state-mandated minimum, a California Watch investigation has found.

The homes that made these cuts collected about $236 million through 2008, the last year of available data. That's more than a quarter of the total Medi-Cal funding increase shared by the state’s nursing homes. But the law that made the extra money possible included few safeguards to ensure that patient care improved.
Many nursing homes appeared to use the cash infusion to help bolster their bottom lines, according to a California Watch analysis of state nursing home data. Among the 131 homes that cut staff by 2008, the median profit was 35 percent more than other homes in the analysis.

At the same time, the analysis shows, about two dozen homes that made the deepest caregiver cuts had about one-third more deficiencies than other state facilities. State inspectors noted a litany of violations that included neglecting bedsores and giving patients the wrong drugs.

“There was an implicit good faith agreement that things would get better … and that was broken,” said state Sen. Elaine Alquist, D-Santa Clara, chairwoman of the Senate Health Committee. “It was broken for the people of California and for a very vulnerable population – those that need the greatest care and those that can’t advocate for themselves.”

James Gomez, the chief executive of the state’s nursing home trade organization, said the 2004 law has led to a 6 percent increase in staffing rates for the state’s 1,100 nursing homes and an overall decline in turnover among caregivers – from 54 percent to 47 percent. California’s homes now exceed the national average for meeting the staffing minimum, Gomez added.

“Is it working in every facility every day? No," said Gomez, leader of the California Association of Health Facilities. “But is it working in total? Absolutely.”

Of the homes that cut staffing, 13 owned by Orange County-based Covenant Care stand out. The homes pared caregivers even as they got $15 million in additional funding.

The average profit at those 13 homes reached more than $900,000 in 2008 – three times higher than the remaining 632 homes analyzed by California Watch.

The chain’s chief operating officer testified last year in a deposition that part of the company’s business plan called for housing more medically fragile patients. The strategy opens the door to higher reimbursements, according to critics, who say it can be dangerous to combine lower staffing rates with patients who need more attention.

Click Here to read the remainder of the story

OC Register - 4/8 - Nursing home in Orange sued over man's death

2010-04-08T16:54:00.000-07:00

As reported in The Orange County Register
Article by: Rachanee Srisavasdi

SANTA ANA – Two daughters of a 77-year-old man whose death at a skilled nursing facility drew criticism and an $85,000 penalty from the state filed a wrongful death lawsuit this week, alleging caretakers failed to keep their ailing father safe.

The July 18, 2009, death of Oliver J. Shrock – four days after he suffered a fall and fatal head injuries – at the then-Kindred Healthcare Center of Orange was labeled by the state as an "AA" citation – the worst violation that the state can issue against a skilled nursing facility. The state determined that the center disregarded Shrock's safety by not listening to the family's warnings, and not implementing safety measures, such as the use of a bed alarm, on the day of the fatal fall, according to the citation issued in February.

Shrock's daughters, Kathleen S. Sakoguchi and Deborah Anne Whitman, sued the center and its former owner, Kentucky-based Kindred Healthcare Operating Inc., Monday in Orange County Superior Court. The lawsuit, which has been assigned to Superior Court Judge Gregory Munoz, seeks unspecified damages
Shrock lived at the center from May 10 to July 14, 2009, and was admitted with several chronic conditions, including coronary artery disease, hypertension and diabetes, according to the lawsuit. Shrock's family told the center that Shrock – who was dependent on staff for most needs – was at high risk for falls, according to the lawsuit.

He fell shortly after arriving at the center, but wasn't injured significantly, the lawsuit said. The center installed a bed alarm to help prevent future falls and placed mats on the floor to limit possible injuries, according to the claim. But these measures weren't always in place when Sakoguchi visited her father, and she repeatedly had to tell staff to attach the bed alarm, according to the lawsuit.

The fall that caused his death happened on July 14, when Shrock was preparing to go home, the lawsuit said.
"A nurse assistant discovered Shrock on the floor bleeding from his head and she did not know how long he had been lying on the floor,'' according to the suit. Shrock was taken to a hospital, and died four days later.

The daughters' lawyer, Anthony Lanzone, said Thursday that the daughters filed the litigation to hold the facility accountable. "Their only goal in fling this lawsuit is to bring to light what goes on in some long-term care facilities,'' Lanzone said. "If they take people in, these centers are obligated to keep them safe." Kindred Healthcare no longer owns the facility, which has been re-named Orange Healthcare and Wellness Center. A spokesperson for Kindred did not return a call seeking comment.

Link to the article of the Orange County Register Website:
http://www.ocregister.com/news/shrock-243236-center-lawsuit.html#article-comments

Wrongful Death Lawsuit Filed Against Orange Nursing Home Stemming from Alleged Elder Neglect

2010-04-08T16:49:00.001-07:00

Press Alert

For Immediate Use

April 7, 2010

PRESS CONTACT: Evan Lamont – (562) 537-6936

Wrongful Death Lawsuit Filed Against Orange Nursing Home
Stemming from Alleged Elder Neglect

WHAT: On April 5, 2010, a civil complaint was filed in Orange County Superior Court against Kindred Healthcare Operating, Inc., and its subsidiary Kindred Nursing Centers West LLC dba Kindred Healthcare Center of Orange alleging elder neglect and wrongful death of an elderly patient. The law firm filing this case is Lanzone Morgan, LLP in Long Beach.

Long Beach, CA – On Monday, April 5th, 2010, a wrongful death lawsuit was filed in Orange County Superior Court against Kindred Healthcare Operating, Inc., and its subsidiary Kindred Nursing Centers West LLC dba Kindred Healthcare Center of Orange alleging elder neglect and wrongful death of an elderly patient. The law firm filing this case is Lanzone Morgan, LLP in Long Beach.

The patient, Oliver Shrock, was a high risk for falls upon admission to Kindred Healthcare Center of Orange and the Center was put on notice by the patient's family members that he had suffered head trauma from falls in the past, which was the reason he needed therapy at the rehabilitation center. Despite these warnings and notice, Mr. Shrock suffered a fall several days after being admitted to the facility. Luckily, he did not suffer any significant injury.

In response to Mr. Shrock's fall, Kindred set padded mats down on the floor and instituted the use of a bed alarm. The bed alarm is a device that clips to the back of the patient’s clothes. If the patient moves to get up without assistance an alarm is triggered notifying personnel that the patient is attempting to get up unassisted.

The complaint alleges the mats were only instituted for about a week then removed from Mr. Shrock’s room. The family regularly visited Mr. Shrock while he was at Kindred only to regularly discover that the bed alarm was hardly ever attached to Mr. Shrock. The family regularly complained to the personnel of the facility to make sure the bed alarm was attached and to protect Mr. Shrock from falls.

On July 14, 2009, Mr. Shrock was found by personnel of the facility on the floor of his room bleeding from his head. Mr. Shrock was taken to St. Joseph Hospital in Orange where he died on July 18, 2009, of anoxic encephalopathy, subdural hemorrhage due to a mechanical fall. The cause of death was declared an accident from an unwitnessed mechanical fall by the Orange County Sheriff-Coroner. A formal complaint about the incident was issued to the California Department of Public Health who has investigated the incident and is believed to be issuing the Kindred facility a deficiency, citation, and/or fine for violating state and federal regulations governing the operation of skilled nursing facilities.

The law firm filing this case is Lanzone Morgan, LLP in Long Beach. www.stoptheelderabuse.com

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

KTLA News - 4/1 - Man Charged with sexual assualt against 3 women at nursing home

2010-04-02T14:53:00.001-07:00

Daily Breeze - 4/1 - Man charged with sexual assault against 3 women at nursing home

2010-04-02T14:51:00.000-07:00

As reported in the Daily Breeze Newspaper
Article by: Nick Green

A 20-year-old Los Angeles man faces felony charges in connection with the sexual assault of three elderly women in February at a nursing home near Carson, authorities said Wednesday.
Christopher Richardson, 20, has been charged with committing a lewd act with a dependent adult, elder abuse and burglary. He will appear in Torrance Court on April 13.

He is being held in the Twin Towers Correctional Facility in Los Angeles on $50,000 bail.
Richardson was arrested by Gardena police Feb. 20, four days after the assaults occurred at Heritage Rehabilitation Center, 21414 S. Vermont Ave., said Sgt. Barry Shapiro of the Carson sheriff's station.
The facility has a Torrance address, but is in the unincorporated area between Carson and Harbor Gateway.
"He was actually arrested by Gardena P.D. for burglary," Shapiro said. "We had put out a flier with the suspect's picture and they recognized him from the flier and called us."

Richardson was captured on videotape by a security camera at the exterior of the nursing home. He entered the facility between 6:10 p.m. and 6:55 p.m. Feb. 16, Shapiro said.
"He removed a window screen and entered through an unlocked window," Shapiro said. "And then he basically assaulted the women."

The Daily Breeze did not learn of the crime until a lawsuit was filed on behalf of one of the alleged victims; a story appeared in Sunday's edition.

The lawsuit, filed by the Long Beach law firm of Lanzone Morgan, alleged the nursing home had "carried out a scheme to place profits over people."

The suit contended understaffing was responsible for the intruder's ability to gain access to the victims' rooms without being noticed.

Attorney William C. Wilson, who represents the nursing home, said he is confident the claims in the lawsuit would be proven to be "without merit."

"Heritage does not understaff the facility or underfund it to increase profits," he said. "These are boilerplate allegations Lanzone Morgan makes in all cases they file against skilled nursing facilities.

"Heritage staff promptly identified the incident, reported it to the proper authorities and assisted in the investigation. My client's staff members take their role of providing care to the elderly and infirm very seriously and this incident is no exception."

Shapiro confirmed the incident was reported to law enforcement the same day the crime occurred.

Link to the article of the Daily Breeze Website:
http://www.dailybreeze.com/ci_14795919?IADID=Search-www.dailybreeze.com-www.dailybreeze.com

Daily Breeze - 3/28 - "Carson nursing home sued over alleged sex assault"

2010-03-29T09:00:00.000-07:00

As reported in the Daily Breeze Newspaper
Article by: Nick Green

A Long Beach law firm has filed a lawsuit against a nursing home near Carson on behalf of an elderly woman, alleging she was sexually assaulted there last month by an intruder.

James Morgan, a partner in the firm Lanzone Morgan, said at least one and possibly two other residents of the same Vermont Avenue nursing home were sexually assaulted by the man on the evening of Feb. 16. A criminal investigation is ongoing, he said.

The Compton Superior Court lawsuit alleges the victim, identified only as Jane Doe, suffered elder abuse and neglect while living at Heritage Rehabilitation Center at 21414 S. Vermont Ave., in the unincorporated area between Carson and Harbor Gateway.

"Defendants conceived, implemented and carried out a scheme to place profits over people at the facility," the suit alleges. "Defendants intentionally underfunded and understaffed it in order to decrease expenses and increase profits."

The nursing home administrator did not immediately return a call seeking comment.

The assault occurred about 6:30 p.m. Feb. 10, the lawsuit contends.

The woman was sitting in a wheelchair in her room when a man entered through an unlocked window, the suit states. The woman asked if he was a maintenance man and he said no. Then he sat on her lap and fondled her.
The "terrified" woman threatened to call for help, prompting the man to leave the same way he entered. He "said he would be back for her later," the suit states.

The woman requires assistance with virtually every aspect of daily life, Morgan said.
"To our knowledge this guy hasn't been found," Morgan said. "This was an active time of the day and there was nobody anywhere, which supports our theory they didn't have enough staff in there to look after residents or see people coming in from the outside."

The woman remains a resident of the nursing home, he said.
Heritage Rehabilitation Center opened in 1974 and has 161 beds, according to a Web site that grades nursing homes operated by the U.S. Department of Health and Human Services. The facility has 133 residents.

It gives the nursing home three out of five stars, an average rating. Among the deficiencies cited in November 2009 was a failure to "develop a complete care plan that meets all of a resident's needs, with timetables and actions that can be measured." The deficiency, which affected "a few" residents, was corrected the following month.

U.S. News & World Report magazine, which has a nursing home database based upon deficiencies found in state and federal inspections, gives the facility two stars out of five.

"The purpose of us taking these cases is to hold the nursing homes accountable when they understaff and underfund the facility and put residents at risk," Morgan said. "We cannot undo what happened to this lady, but we can hopefully stop this from happening to somebody else."

Link to the article of the Daily Breeze Website:
http://www.dailybreeze.com/ci_14770064?source=rss_viewed

Lawsuit Filed Against Hospital Stemming from Alleged Physical Abuse of Patient by Nurse

2010-03-17T08:53:00.000-07:00

Press Alert

For Immediate Use

March 17, 2010

PRESS CONTACT: Evan Lamont – (562) 537-6936

Lawsuit Filed Against Hospital Stemming

from Alleged Physical Abuse of Patient by Nurse

WHAT: On Wednesday, March 17, 2010, a former patient’s family filed a lawsuit in Los Angeles County Superior Court alleging physical abuse of the patient by a nurse. The alleged abuse took place at Kindred Hospital located at 5525 West Slauson Avenue, Los Angeles, CA. The law firm representing the victim in this case is Lanzone Morgan, LLP in Long Beach.

Long Beach, CA – On Wednesday, March 17, 2010, the family of a Lancaster man filed a lawsuit in Los Angeles County Superior Court on behalf of a former patient at Kindred Hospital – Los Angeles, located at 5525 Slauson Avenue, Los Angeles, CA. The lawsuit alleges that the patient was a victim of dependent adult abuse and neglect, which took place between December 26, 2008 and March 5, 2009 at Kindred Hospital – Los Angeles. The law firm representing the victim in this case is Lanzone Morgan, LLP in Long Beach.

Upon suffering a brain aneurysm, the victim was placed in the care of Kindred Hospital – Los Angeles in December of 2008. The victim could not speak, walk, or control his arms & legs due to his condition. The victim was bed-ridden.

During the victim's stay at Kindred Hospital – Los Angeles, the lawsuit alleges that a licensed nurse employed by the hospital pinched, slapped, and punched the victim while he laid helpless in bed. This abuse was witnessed by the facility's own employees and was allegedly done in retribution for the victim soiling himself in his bed. It is also alleged that the victim suffered from a lack of personal hygiene, due to the hospital’s staff leaving the victim sitting in his own urine, feces, and vomit for extended periods of time without changing or cleaning him.

The complaint alleges causes of action for Elder Abuse & Neglect as well as Wrongful Death against the hospital and the specific nurse involved. The basis of the lawsuit stems from direct and vicarious liability, regulatory violations, understaffing, undertraining & underfunding by those running the hospital, resulting in the conditions that allowed the abuse and neglect to occur and continue, contributing to the victim's wrongful death.

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

Civil Lawsuit Filed Against Nursing Home Stemming from Alleged Sexual Assault by Intruder

2010-03-08T09:31:00.000-08:00

Press Alert

For Immediate Use

March 8, 2010

PRESS CONTACT: Evan Lamont – (562) 537-6936

Civil Lawsuit Filed Against Nursing Home
Stemming from Alleged Sexual Assault by Intruder

WHAT: On Monday, March 8, 2010, a civil lawsuit was filed in Los Angeles County Superior Court on behalf of a victim of an alleged sexual assault, which took place on February 16, 2010, at Heritage Rehabilitation Center, a nursing home located at 21414 South Vermont Avenue, Torrance, CA 90502. The law firm representing the victim in this case is Lanzone Morgan, LLP in Long Beach.

Long Beach, CA – On Monday, March 8, 2010, a civil lawsuit was filed in Los Angeles County Superior Court on behalf a victim of an alleged sexual assault, which took place on February 16, 2010, at Heritage Rehabilitation Center, a nursing home located at 21414 South Vermont Avenue, Torrance, CA 90502. The law firm representing the victim in this case is Lanzone Morgan, LLP in Long Beach.

On or about February 16, 2010, at approximately 6:30 p.m., an unidentified man entered through an unlocked window of a resident’s room at the Heritage nursing home in Torrance. The intruder approached the female resident and stood in front of the elderly woman who was sitting in her wheelchair. The woman asked if he was the maintenance man, and he replied, “No.” He then proceeded to sexually assault the victim, who was terrified. There was no staff supervising the victim at the time. Eventually, the intruder stood and walked back towards the window, turned and stated that he would be back for her later. He exited through the same unlocked window from which he entered. The same evening, the same intruder allegedly sexually assaulted one to two other residents in the same nursing home by entering through unlocked windows in the facility. The search for the perpetrator of the crime continues.

The complaint alleges causes of action for Negligence, Premises Liability, Violation of Resident’s Bill of Rights, and Elder Abuse & Neglect against the nursing home. The basis of the lawsuit stems from the nursing home’s failure to fulfill its duty to keep residents safe from health and safety hazards, as well as the failure of the nursing home to keep the facility reasonably secure. The complaint also alleges a lack of supervision of the nursing home’s residents and an insufficient number of staff to monitor residents. The law firm representing the plaintiff 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)

Lanzone Morgan Video Interview Series

2010-02-24T22:27:00.000-08:00

Before you contact a lawyer, it is important to know the facts and if they can help. That is why Lanzone Morgan, LLP produced a number of video interviews that answer some of the more frequently asked questions associated with Elder & Dependent Adult Abuse & Neglect Law. Here are link to the videos:

http://lanzonemorgan.com/lanzone_morgan_lawyers_videos.htm

http://youtube.com/stoptheelderabuse