Chicago Nursing Home Abuse Lawyer Blog

Sharif Khamissi, a resident at Alden Village Health Facility in Bloomingdale, was found wedged between his mattress and the padding surrounding his bed, not breathing and unresponsive. The 12-year-old boy, originally from Iran, suffered from cerebral palsy and had traveled the world seeking treatment before settling at the Alden Village Health Facility in Bloomingdale. Sharif's family claims his nursing home was at fault for their son's death by not properly looking out for him and placing him in a room overrun and crowded by other patients and other obstacles. The boy's family sued the nursing home shortly after his death in 2004 and the case settled. In addition, the facility was cited to pay a $50,000 fine; however, it was recently reported that it was able to negotiate this fine down to $10,000, a fraction of what it originally owed.

Sharif's father is outraged claiming, "It should have been more. . . Alden was at fault for my son dying." The news of the reduced fine comes on the heels of recent criticism of the Alden Village group. As this blog previously reported, Alden Village North in Chicago has received massive attention in its mismanagement of the health facility. Further, the facility has failed to pay even a majority of the fines that they owe. The Chicago Tribune has ran numerous articles in the past few months about the facility and its failure to provide adequate care to its patients.

The Alden Village group has defended their payment of these reduced fines. Further, the Illinois Department of Public Health has indicated that it is common practice to reduce the fines initially imposed.

Chicago Tribune, Ill. Nursing Homes Escape Full Fines After Disabled Kids Harmed, Dec. 20, 2010

Continue reading "Alden Village Avoids Full Fine in Wrongful Death Suit" »

Last month, Judge William Hibbler of the U.S. District Court for the Northern District of Illinois certified a class action on behalf of eight Illinois residents with severe disabilities. The eight plaintiffs, who have or are in danger or reaching the cut-off age of an Illinois medical plan, are suing the state for taking away funding they say their children desperately need to survive.

Among the plaintiffs is Olivia Welter, who turned 21 on November 9. Due to her age, the State of Illinois has said that it will stop providing the money necessary to provide around-the-clock at-home support for Olivia, and instead, insists that Olivia must now be moved to a nursing home care facility where the cost of care is cheaper. Olivia was born with severe disabilities; she cannot speak and relies on a respirator and a feeding tube to breathe and eat. She receives 16 hours of care a day, which according to her family, costs $220,000 year. Without Illinois' funding for Olivia's care, the family acknowledges that they would have to spend a more significant time caring for their daughter (they already care for her 8 hours a day) and they would have to rely on cheaper care by switching from nurses to personal care aides.

The family doubts that this care would be sufficient or even if they would be able to find a nursing home to care for an adult with such severe disabilities. The certification strengthens the plaintiffs' case to force the state of Illinois to continue this care. The plaintiffs are suing the Illinois Department of Healthcare and Family Services. The state of Illinois has agreed to continue its services while the case goes through the courts. In addition, the U.S. Department of Justice has gotten involved in the case on behalf of the disabled plaintiffs arguing that it is against the American with Disabilities Act to cut off important health care funding.

National Public Radio, Olivia Welter, Other Severely Disabled Adults Win Round In Court Battle, Nov. 22, 2010

See also
The Economist, Can Pay, Won't Pay, June 17, 2010

Continue reading "Illinois Judge Provides Relief to Disabled Citizens" »

Her family stood by and watched helplessly as Esther Rannow slid through the hands of her caregiver, fell into her wheelchair, and was knocked unconscious. Rannow, a 91-year-old resident of Benedictine Living Community in St. Peter, Minnesota, never woke up and died three days later in a nearby hospital. Although this was not the first incident of abuse to Ms. Rannow, alleges her family, it is the one that ultimately ended her life.

Audrey Glamm and her three sisters have filed a wrongful death suit against the nursing home. They have also alleged that Ms. Rannow suffered from repeated incidents of nursing home abuse and neglect during her time at Benedictine Living Community. Among them, the daughters state that the nursing home had dropped their mother at least on one prior occasion leading to a large cut on her arm. As a result of this drop, the nursing home changed its policy to require at least two employees to move residents, which was not followed on the day Ms. Rannow was later dropped and knocked out. Further, the daughters' complaint alleges that Ms. Rannow ultimately died from a urinary tract infection which led to septic shock. The daughters have alleged that Rannow should have been treated many days before her death.

The nursing home has denied any wrongdoing and a Minnesota Department of Health found no conclusive evidence of neglect. Despite all this, even Rannow's brothers and sisters blame the nursing home for her deterioration during the last days of her life. According to them, Rannow was a fairly independent person, and only started to use a wheelchair soon after she entered the home. Her family states she also complained about her harsh handling on a few occasions soon after entering the home.

Mankato Free Press, Wrongful Death Lawsuit Filed Against St. Peter Nursing Home, Dec. 7, 2010

Continue reading "Family Witnessed Nursing Home Abuse; Mother Dies as Result" »

Last week, the Illinois legislature approved civil unions in the state. Although not restricted to same-sex couples, the bill provides for a legally recognized domestic partnership between two adults. This means that now people of the same or opposite sex can enter into a marriage-like institution without the legal classification of marriage.

This bill is significant because it grants same-sex couples in Illinois many of the same rights that heterosexual couples already enjoy. Now, same-sex couples will be able to visit their partner in the hospital, share a nursing home room, and make end of life decisions for their loved one. Illinois now joins a handful of states in recognizing same-sex civil unions as well as five states that allow same-sex marriage. "Civil unions are not marriage," warns one gay rights group, "but they provide important benefits and are a step in the right direction."

Governor Quinn has said he will make good on a campaign promise made earlier in the year and will sign the bill into law.

While civil unions provide important rights and benefits to couples in Illinois, federal law still does not recognize civil unions between same-sex partners. Same-sex couples do not receive federal benefits or rights anywhere in the United States.

To find out more about the Illinois civil unions bill and the rights and benefits it provides, click here.

The Wall Street Journal, Illinois Legislature Approves Civil Unions for Gay Couples, Dec. 2, 2010