Chicago Nursing Home Abuse Lawyer Blog

A St. Clair County nursing home was sued recently after one of its patients tripped over a telephone wire and died, according to a complaint filed in circuit court. Anastasia J. Hubert, was an elderly patient of Cambridge House, was walking down the facility's hallway when she tripped over a telephone wire adjacent to a third floor nurse's station.

The family's nursing home lawsuit alleges that as a result of the fall, Anastasia suffered a spinal fracture of the distal right femur and her health spiraled downhill from there. Things only got worse, alleges David Hubert, who is bringing the complaint on behalf of Anastasia's estate. Anastasia subsequently contracted pneumonia and died.

David Hubert is seeking a judgment to compensate for Anastasia's pain and suffering in the amount of $200,000. Further, he alleges that the telephone cord should have been secured as to protect against this obvious hazard.

The Madison St. Clair Record, Assisted Living Center Sued After Resident Trips on Telephone Wire, Dies, Jan. 19, 2011

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Last July, five staff members of the LaSalle Veterans Home pulled a prank that might land them in jail. According to the Illinois Department of Public Health, a male resident, who suffered from Alzheimer's, was given an unnecessary suppository, which was meant to create a bowel movement that the next shift of workers would have to clean up. The suppository was unauthorized and unnecessary according to a report offered by the department, and fortunately, it did not cause the patient any long-term harm.

Immediately following these events, the Illinois Department of Veterans Affairs placed the five workers on administrative leave. Now, these workers face possible charges. According to state police, a re-investigation which ended last week give a possible insight into criminal activity. Co-Deputy State's Attorney Todd Martin said that it has not been decided whether the state will seek to charge these individuals.

The workers claim to have done nothing wrong, and among them, four seek to return to their jobs and have filed a claim of wrongful discharge.

My Web Times, Alleged Suppository Pranksters Could be Charged, Jan. 14, 2011

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The Illinois Legislature has found a way to increase funding aimed at promoting nursing home safety. On Wednesday, the General Assembly passed a bill that would increase the bed tax levied on nursing home and bring in an additional $145 million next year. All this is done without reliance on Illinois' already empty pockets.

The new tax will not only bring in additional revenue to fund nursing homes, but under health care funding guidelines, it will allow Illinois to match that amount with Medicaid funding. According to Governor Quinn, this will allow troubled nursing homes to increase staffing and hire more inspectors.

Not everyone was for this bill, however. The American Association of Retired Persons (AARP) lobbied against the bill arguing that it gives too much money back to the nursing homes, perpetuating a substandard care system. One of the problems pointed out, is that the bill bases the amount of additional funding on patients who receive Medicaid already. This leads to a situation in which facilities with poorer residents, who rely more heavily on Medicaid, will receive more money to the detriment of other facilities.

It is not all bad however, as many advocates have pointed out, this bill helps many Illinois nursing homes meet the new stricter standards for nursing homes laid about by Governor Quinn last year.

Chicago Tribune, Legislature OKs Tax Hike to Fund Nursing Home Safety, Jan. 12, 2011

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The woman who was dubbed 'Angel of Death' by the Illinois media will have a few more weeks before facing her own fate at trial. Penny Whitlock, who is charged with five counts of neglect and two counts of obstructing justice, was scheduled to appear in court on Friday and her trial date was set for February 28. But because an expert witness for the defense will not be available the day of her trial, Whitlock's trial date has been pushed back to April 18.

Whitlock and her employee, Marty Himebaugh, became known in 2008 when they were arrested for allegedly overdosing numerous patients in a McHenry County nursing home with lethal injections of morphine. Police suspected the pair was engaging in mercy killings of older patients at the Woodstock Residence between 2004 and 2006. Although it is alleged that Himebaugh administered the often lethal injection, it was not done without Whitlock's approval.

Chicago Tribune, Pair Endangered Patients at Rest Home, Officials Say, April 5, 2008
Northwest Herald, Trial for 'Angel of Death' Case Moved to April 18, Jan. 15, 2011

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On Tuesday, an agreement was filed in federal court that would allow disabled adults in Illinois to live more independently and according to their own needs. The agreement affects nearly 10,000 adults with disabilities in the state and rectifies many complaints received by the state of Illinois on its care of disabled adults. In a recent study, Illinois was ranked last in helping seniors and adults with disabilities live more independently. Much of that will change, however, with this agreement.

The agreement will allow residents more freedom to choose where they want to live. It sets out a six year timetable for Illinois to offer more community-based living quarters, where residents are able to cook, clean, and take care of themselves for the large part. It requires the state to keep a waiting list of those residents who wish to move into a facility with greater freedom. The agreement affects those who currently accept state aid and live in privately owned facilities. It does not affect those who live in state run institutions.

The agreement, although not finalized, is being heralded by many in Illinois as a huge step forward for disabled adults. Proponents are praising the result and crediting, among many, Equip for Equality, the Illinois civil rights group who helped file the case in 2005.

MSNBC.com, New Agreement Reached on Developmentally Disabled, 11 Jan., 2011

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A Cincinnati-area woman received 180 days in jail on Friday for watching her elderly grandmother die, refusing to help her. Christina Rose White offered to look after her 77-year-old grandmother instead of putting her in a care facility. White reasoned that her grandmother always took care of her and she wanted to give back to the woman who never turned her away. But White's care cost her grandmother her life.

According to a local news source, White failed to keep her grandmother on a strict diabetic diet, instead feeding her whatever she wanted. The granddaughter stated, "I didn't like telling her what to do." Also, the granddaughter failed to give her grandmother the medications prescribed to her. White failed to pick up her grandmother's antibiotic medications which were sitting at the pharmacy waiting to be picked up. White, however, did not fail to pick up her grandmother's painkillers. There were no pain killer medications found in Rose White's body after her death, suggesting that her granddaughter sold them for money.

The grandmother eventually died of sepsis and kidney failure. White claimed that her grandmother just gave up and that lead to her ultimate deterioration. "That's garbage," the Cincinnati judge said.

Cincinnati.com, Woman Gets Jail in Grandmother's Death, Jan. 7, 2011

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