California Elder Abuse Lawyer Blog

Nursing Homes Handing Out Pain Pills Without Prescriptions: Pharmacy Pays $50 Million

Tue, 15 May 2012 15:44:57 -0800

Omnicare, Inc. is the "single-largest pharmacy for long-term care facilities in the country". I know it services nursing homes here in Ventura county. Last week, it entered into a settlement with the United States Justice Department for $50,000,000 for dispensing narcotic pain medications to nursing home residents across the country without a prescription. Such medications are governed by the Controlled Substances Act. Narcotics can be addictive and have potentially life-threatening side effects, particularly for the elderly. They should not be dispensed and available for use without a proper prescription and medical oversight.

Link to the Drug Enforcement Agency's Press Release

AARP Foundation Litigation Joins in Ventura County Class Action Case - Local Press Coverage

Wed, 02 May 2012 09:39:37 -0800

On Monday, I blogged about our class action case regarding the over-medicating of nursing home residents. Today, the local press has helped us spread this important message.

The FRONT PAGE coverage can be viewed at this link Local News Ventura County Star.

AARP Foundation Litigation Joins in Ventura County Class Action Case

Mon, 30 Apr 2012 16:04:11 -0800

The lawsuit seeks to correct the practice of over-prescribing and mis-prescribing medicines in nursing homes, especially the misuse of anti-psychotics and narcotics with known side-affects in the population of elderly patients.

Today, April 30, 2012, in a Class Action case here in Ventura County, AARP Foundation Litigation attorney Kelly Bagby has joined us, the Law Offices of Jody C. Moore, APC and the Law Offices of Gregory L. Johnson to help advocate for residents in an Illegal Drugging Class Action Lawsuit against Ventura Convalescent Hospital.

A copy of the press release follows:

National Attention Being Raised in Fight Against Over Medication of Elderly

Mon, 30 Apr 2012 12:42:36 -0800

The Boston Globe and USA Today both contained stories of overuse and misuse of anti-psychotic drugs today. The Boston Globe released a two-part story which analyzed federal data showing more than 185,000 nursing gnome residents received anti-psychotic medications in 2010 in violation of federal law and recommendations.

Links to these important stories are below.
The Boston Globe

A separate Boston Globe article

The USA Today

Nursing Home Verdict In Excess Of $900 Million For Neglect Leading To Leg Amputation

Tue, 24 Apr 2012 11:10:24 -0800

When corporations prioritize their bottom line over patient safety and health, catastrophic consequences may ensue. A Florida jury recently recognized that a nursing home chain, operated and controlled by Trans Healthcare, valued profits over quality of services rendered to residents. The jury awarded $900,000,000 to the estate of Joseph Webb, a carpenter and pastor in his mid-70s, who resided in a Gainesville Florida nursing home for care following a stroke, which left his left side paralyzed. He developed bedsores and infections which led to his right leg being amputated above the knee.

At trial, plaintiff's counsel called to the stand former employees of the Gainesville home, who testified as to a constant lack of supplies, staff shortages and other institutional shortcomings at the facility in the mid-2000s. The lack of supplies and care led to the sores and infections, according to plaintiff's geriatric medicine experts.

The jury also heard testimony that there had been insufficient amounts of pain medication as Webb struggled with a number of symptoms secondary to the amputation, including phantom pain and a sore in the vicinity of the coccyx that became severely infected. Prior to the amputation, Mr. Webb had been relatively active despite his stroke. The infection and amputation severely diminished his quality of life, taking away what little lower-body function he had left on the right side of his body.

Informed Consent and Overdrugging In the National Headlines Again this Week: Johnson and Johnson Fined over $1 Billion Dollar for Not Disclosing Risks Associated with Antipsychotic Drug, Risperdal.

Thu, 19 Apr 2012 13:33:38 -0800

Risperdal has been on the market since 1994. It is considered a "second generation" or "atypical" antipsychotic and, as such, is supposed to have less side effects and risk as "first generation" or "typical" antipsychotics, like Haldol. The drug was a blockbuster for J&J, earning it billions of dollars before its patent expired generic equivalents became available.

In 2004, the Food and Drug Administration (FDA) recognized the dangers associated with this drug, particularly when used in elder demented patients, including increased risk of death and stroke, as well as seizures, weight gain, diabetes and high blood pressure. J&J was forced to revise its drug labeling to reflect these risks.

Overmedicating of Nursing Home Patients Will Be Subject of Medicare Initiative and Webcast

Wed, 28 Mar 2012 14:30:57 -0800

The Centers for Medicare and Medicaid Services will announce via webcast its "National Initiative to Improve Behavioral Health & Reduce the Use of Antipsychotic Medications in Nursing Home Residents" on March 29, 2012 at 10:00 a.m. PST. (CMMS Link to Webcast). Advocates have been working to raise awareness about the misuse of these powerful drugs, right here in our own backyard.

The Ventura County Long Term Care ombudsman program, spearheaded by Sylvia Taylor Stein and in coordination with California Advocates for Nursing Home Reform (www.CANHR.org) hosted a symposium in Oxnard, "Toxic Drugs - the Problem with Drugging as a First Resort in Dementia Care" in March of 2011. It was the first of its kind and was well attended by over 250 health care providers, consumers, and advocates.

Widespread Misuse of Antipsychotic Medications in California Nursing Homes

Fri, 27 Jan 2012 13:04:43 -0800

California Pharmacists who are responsible for reviewing whether medications prescribed to nursing home residents are appropriate failed to identify the misuse of antipsychotic medications in 90% of the cases. Worth repeating: 90% of the cases. The New York Times recently published an article which discusses various findings of the California Department of Public Health relating to inappropriate use of dangerous drugs in nursing homes.

Pharmacy reviews are supposed to add an extra layer of safety for the nursing home resident. The goal was to mandate that a pharmacist routinely look at the medication regimens of nursing home patients to identify potential contraindications, unsafe doses, and use of medications which may not be appropriate for the elderly. But in 18 of 32 Bay Area investigations conducted in California between May 2010 and June 2011, consultant pharmacists overlooked or approved these very dangers.

I have written frequently about the dangers of anti-psychotic medications, which are not approved for use in elderly, demented patients and which increase the risk of death in this population. Still, the use of antipsychotics in nursing homes is wide-spread, and it is not uncommon for these drugs to be prescribed to control unwanted behavior, just as yelling, repetitive requests for help, efforts to get out of bed or wandering the halls, or agitation or resistance to efforts to provide care.

It is clear, based on these statistics, that the protective function of the consultant pharmacist is not effective in California. Still, the Department of Public Health did not issue citations or fines for these violations. Instead, the nursing homes received a "statement of deficiency" and were asked to submit a plan of correction. This is the equivalent of a slap of the wrist or a "fix-it" ticket, without any meaningful oversight to make sure the problems is, indeed, fixed. Unfortunately, unless there is greater accountability by the nursing homes, doctors, and pharmacists prescribing and reviewing these drugs, the misuse of these drugs is likely to continue.

Is Your Hospital Safe? Not so fast, consumers...

Fri, 21 Oct 2011 10:52:21 -0800

An existing government website has recently expanded to include the patient safety ratings of thousands of U.S. hospitals. This site, Medicare's Hospital Compare features data on surgical complications, infections and potentially avoidable deaths. Sound intriguing? Useful? Consumer-friendly? This is the first step towards government based reductions of Medicare reimbursement of hospitals that don't 'make the grade.' But hold the line and consider the following....

While some information provided on the Medicare website has some usefulness to the average patient; let us examine what this might mean for an individual who suffers from multiple medical co-morbidities and presents a high surgical risk. Such patients are becoming increasingly common today with an aging population that has survived, because of modern medicine, many of the ailments that prior generations succumbed to.

Ventura County Seminar to Educate Seniors and Their Families About the Use of Anti-Psychotic Drugs

Thu, 20 Oct 2011 10:23:57 -0800

Please click on this link to find out more about these events, taking place October 25th in Camarillo and Simi Valley.

Please make plans to attend one of these free seminars to learn more about this important issue which affects many seniors.

Arrests Made for Physical and Sexual Abuse of Nursing Home Residents by Care Workers

Thu, 13 Oct 2011 13:45:17 -0800

I read two articles this week relating to physical abuse of nursing home residents by the staff who are charged with protecting them. One story, printed in the Santa Barbara News Press, told the tale of two certified nursing assistants charged with sexual battery and elder abuse while employed at Central Coast Nursing Center in Santa Barbara.

The second story, out of Philadelphia, chronicles how one mother and grandmother, Lois McCallister, was physically abused in a Sunrise Senior Living facility. The family suspected abuse and installed a nanny cam, and caught the abusive acts on tape. This led to the arrests of 3 nursing home workers.

Which begs the question: what is going on behind closed doors? Elders are particularly vulnerable to abuse when they are demented, have limited mobility, and cannot speak for themselves. Over the years, I have represented the families of victims of unspeakable sexual and physical assault. These cases are difficult, to be sure, because the elderly victim cannot credibly explain what happened and witnesses are either "in on it" or too intimidated by the perpetrators to speak against them. It is indeed rare for abuse to be identified, evidence to be gathered, and criminal charges to be filed, holding the perpetrators liable for their crimes.

No Good Deed...

Thu, 06 Oct 2011 10:05:33 -0800

A troubling story ran this week in the Santa Barbara Independent about a man named Edmund Finucane, who has been visiting nursing home residents for over 28 years. The story chronicled how Mr. Finucane would bring comfort to the residents of the nursing home formerly known as Central Coast Nursing Center, before it lost its license to operate in August of this year.

But, Mr. Finucane is no longer welcome in the home, ever since he reported to the California Department of Public Health observations of mistreatment and neglect. He was actually arrested for trespassing, and charged by the district attorney. Only after he stood up for himself, and insisted on a trial (without the help of a lawyer) did the D.A. finally drop the charges on July 29, 2011.

What a sad state of affairs when a man who is acting as a good Samaritan, who volunteers his time to bring some measure of companionship to others, is prevented from continuing his good deeds in an effort to shield the facility's misconduct from the public view. The facility was so poorly run, that on August 25, 2011, the state took away its license due to "serious violations related to quality of care and actual harm to patients." Surely, Mr. Finucane witnessed some of those violations first hand.

Santa Barbara Nursing Home Loses License Due To Serious Neglect

Thu, 01 Sep 2011 10:15:57 -0800

Central Coast Nursing Home, located at 3880 Via Lucero and operated by "Caring Team Inc." lost it license to operate on August 25, 2011. See the report here.

The facility has been plagued with problems for over a decade. Formerly, La Cumbre Senior Living Concepts, and before that Beverly La Cumbre, it became known for putting profits over care when a nurse, Mary Hochman, committed suicide in the surf of Tajiguas Beach, leaving behind a detailed journal and suicide note detailing allegations of abuse at the facility where she worked for eight years. In 2010, the state issued 62 deficiencies, compared to the statewide average of 8.5.

It has a capacity of 189 residents, making it one of the larger nursing homes in Santa Barbara. Compass Health, Inc. now operates the facility.

California Elder Abuse Report Finds Confidentiality Shackles Ombudsman

Thu, 09 Jun 2011 16:39:37 -0800

The Ombudsman in California have authority to receive and investigate serious allegations of neglect and abuse, but cannot share their information without written consent from the victim, even with law enforcement agencies. In fact, facilities are required to send reports of suspected abuse to the ombudsman program, who then has the power to investigate. This puts the ombudsman in the untenable position of knowing about abuse but not being able to report it to any agency who can do something about it.

The primary motive for such strict confidentiality is to ensure that the resident is protected from retaliation by the nursing home if they complain. But the ombudsman reports that three-quarters of residents who complain refuse to release their identities.

That means that the vital services of the unpaid volunteers of the Long Term Care Ombudsman program are handcuffed and that the extent of criminal abuse and neglect in long term care facilities is essentially obscured and under-prosecuted.

Legislative Update: Changing the Burden of Proof for Elder Abuse in California Nursing Homes

Thu, 02 Jun 2011 15:15:17 -0800

I previously blogged about the importance of SB 558. California Senate Bill 558 (Sponsor: Simitian) changes the burden of proof from clear and convincing to a preponderance of evidence in elder abuse cases. The nursing home industry lobbied heavily against this bill, and it narrowly passed with the minimum of 21 votes on the Senate Floor on June 1, 2011. It moves next to the Assembly Judiciary Committee. If you wish to express support for the bill, you can do so by writing to members of the Assembly Judiciary Committee.