Jonathan Rosenfeld's Nursing Homes Abuse Blog : Jonathan Rosenfeld's Nursing Homes Abuse Blog | Lawyer & Attorney : Strellis & Field Law Firm | Bed Sores, Senior Neglect, Elder Abuse, Sexual Abuse: Chicago, Illinois

Every year we get several calls from the parent of a child who sustained a severe injury at summer camp.

Most of the parents are shocked when I tell then that their child's situation is not unique.  Rather, thousands of children will suffer an injury during their camping experience this coming summer.

Of course many of the injuries sustained at camp are due to the carelessness of the camper themselves.  However, a sizable portion of the injuries encountered are due to the the negligence of the camp in supervising children, hiring staff or furnishing or maintaining equipment.

Over the years, we have noticed campers sustaining substantial injuries in the following areas:

• Food poisoning - Particularly in summer weather, organisms can rapidly grow to unhealthy levels.  Camps must take necessary steps to ensure all meals are prepared in a sanitary method to ensure the safety of all campers. 

• Inadequate protective equipment -Special activities require special equipment.  If a camp does not have the necessary equipment, the activity should not be done. Helmets, pads and protective fall equipment are just a few of the devices that help protect children of all ages from injury.

• Trip & falls - Creaky, loose boards are just the beginning.  Many camps are used just a few months out of every year.  Further, many camps are located in areas with huge climate changes from season to season, encouraging walkways and docks to weather far quicker than anticipated.  Camp owners need to take all factors-- both environmental and maintenance-wise when preparing for each camp season.

• Sexual abuse - A subject no one ever wishes to discuss.  Sexual abuse may result from derelict camp counselors or even from other campers.  Camp directors should fully screen all camp works to minimize this risk and take action immediately upon discovering any hint of improper conduct.

• Boating injuries - The highlight for many campers is a tubing ride or perhaps learning to water ski.  Assuring boats are driven by trained staff and a spotter is used for activities is a good start to ensure that campers do not get struck by the boat they are being pulled by or being struck by another boat on a busy lake.

• Swimming pool accidents - A cool dip in the pool provides welcome relief from summer's heat.  Pools need to be proper staffed with trained life guards and properly maintained to assure that depths are properly marked.  Swimming pools remain some of the most dangerous part of camp grounds.

Should your child sustain an injury, it is important to know that many of these situations give way to a claim against the camp and in most cases a recovery can be negotiated with the insurance carrier prior to trial.

Also, as parents, it is important to bring any safety concerns to the attention of the camp director immediately.  In most circumstances, directors are genuinely happy to learn of a potentially dangerous condition.  If the director doesn't, perhaps you should find another program for your child.  A safe camper is a happy camper!

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In times of need, locating necessary information regarding the legal rights and resources for nursing home patients can be difficult and imposing.  In this respect, we are proud to introduce a new resource for patients, families and practitioners looking for a concise compilation of information regarding nursing home laws.  Nursing Home Injury Laws, provides every states':

• Nursing Home Laws
• Medical Malpractice Laws
• State Resources
• Applicable State Code

Additionally, we will be posting regular updates regarding important developments relevant to nursing home care within each state.  Here is a link to Nursing Home Injury Laws.

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Ballard Nursing Center is yet another large nursing home facility located in Des Plaines, Illinois. Ballard can accomedate 231 Medicare / Medicaid patients.  Ballard scored three out of five stars according to the Medicare Nursing Home Compare website, which is an average rating.  Ballard had only five health deficiencies in the past year, which is three less than the average in Illinois and in the United States. 

Despite the relatively low number of health deficiencies, some residents failed to receive the necessary care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being.  

During a recertification survey on August 14, 2009, inspectors found that one resident was in severe pain for over twenty hours because the facility failed to reassess and relieve her pain within a reasonable timeframe.  The resident was a 70 year-old female who had recently had surgery on her left thigh and was admitted to the facility with a non-healing surgical wound.  She complained to nurses that she was experiencing severe knee pain and was given Tylenol and a Lidocaine patch.  However, the severe pain persisted with no relief from the prescribed treatment.  The facility did not order any additional pain medications until the surveyor intervened on her behalf.  As a result, this resident suffered excruciating knee pain for over twenty hours. 

Another resident, a 48 year-old female who is in a vegetative state and cannot communicate because of a traumatic brain injury, was observed in her room moaning and crying out.  A review of her clinical chart revealed that she had no current pain assessment.  When the surveyor asked staff why the resident was crying out, they responded that they didn’t know and that she cried out on occasion.  In addition, because the resident cannot communicate, the staff must anticipate potential for pain.  The facility failed to do so when removing hand splints, which may have caused the resident pain. 

The facility also failed to ensure that food was stored and distributed under sanitary conditions, which exposed all residents in the facility to potential harm.  Older adults are particularly susceptible to food poisoning because of weakened immune systems, and many older adults already have weakened immune systems because of age, illness, or disease and their bodies cannot handle the added onslaught of food poisoning illness.  The surveyor found cups of juice and milk in the refrigerator without labels indicating the date they were opened.  Also, food debris was observed on dishes after being “washed” in the dishwasher. 

During a complaint investigation concerning the death of a 61 year-old male resident, it was found that the facility failed to ensure that the resident was free from neglect and also failed to thoroughly investigate the improperly placed tracheostomy tube.  The facility’s failures resulted in the hospitalization and eventual death of the male resident because he did not receive enough oxygen during a respiratory arrest which led to respiratory failure. 

Although the facility was supposed to check on the resident every four hours because he had a tracheostomy, documentation revealed that the Respiratory Therapist failed to check on the resident every four hours.  A Certified Nurse Aide (CAN) found the resident with his trach tube out and reinserted it.  The CNA called the Respiratory Therapist when the resident was unresponsive.  While attempting to revive the resident, the resident passed out and coded.  At this point, the facility called an ambulance, and the resident was rushed to the Emergency Room in “Full Arrest with Cardiac Pulmonary Resuscitate (CPR) in progress by the paramedics.  In the ER, doctors removed the tracheostomy and inserted a new tube into the trachea to ventilate.  However, by that time, the resident had gone at least half an hour without ventilation.  The resident died as a result of fatal respiratory arrest. 

The facility then failed to thoroughly investigate this occurrence that led to the resident’s death.  In addition, the facility did not notify the state reporting agency of the occurrence.  The facility fired the Respiratory Therapist for “unsatisfactory work performance” nine days after the incident.  However, no evidence of an investigation was found even though the Respiratory Therapist’s actions led to the resident’s death.  In response to these serious deficiencies, the facility checked all 37 residents with trach tubes and reviewed the policy on trach and vent checks with respiratory staff.  Hopefully the facility response will prevent any future preventable deaths. 

Although Ballard Nursing Center received an average rating from Medicare, the facility has suffered from problems, which even led to the death of one male resident.  In a large nursing home such as this, sometimes not all residents receive adequate and appropriate care which can lead to serious health complications.  

Furthermore, this recent survey demonstrates that seemingly quality nursing homes, such as Ballard, still have episodes where poor care result in patient injury or death.  Families of patients at all nursing homes-- regardless of their reputation-- should visit regularly and speak up if dangerous conditions are seen.  Your observations may prevent unfortunate situations from occurring.

Thank you to Heather Keil, J.D. for her assistance with this Nursing Homes Abuse Blog Entry

Resources:

IDPH: Ballard Nursing Center

Medicare: Ballard Nursing Center

Related:

Staff Must Be Diligent In Order To Avoid Clogged Breathing Tubes Amongst Nursing Home Patients

Elderly Nursing Home Patients Are Particularly Susceptible To Illness Related To Contaminated Food

Study Reveals Nursing Home Patients Chronic Pain Is Not Adequately Controlled

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More than 60 patients at the Good Shepherd Nursing Home in Ohio have become ill after contracting norovirus.  According to the Ohio Department of Health the norovirus outbreak occurred sometime around January 15th.

It is unclear what triggered this norovirus outbreak, but norovirus is highly contagious and can be spread through feces, vomit or food poisoning.  In order to reduce episodes of norovirus, it is important to regularly wash hand and follow common sense sanitation guidelines.

Most people with norovirus initially have a bad stomach ache followed by nausea, vomiting or diarrhea.  Norovirus in the elderly can be particularly problematic because many of the symptoms result in dehydration.  By some accounts, norovirus claims the lives of more than 500 people each year.

Read more about this norovirus outbreak in an Ohio Nursing Home here.

Related Nursing Homes Abuse Blog Entries:

MRSA In Nursing Homes On The Rise Amongst Residents & Staff

Food Safety

Elderly Nursing Home Patients Are Particularly Susceptible To Illness Related To Contaminated Food

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Older adults are particularly susceptible to food poisoning because as you get older, your immune system does not respond as quickly and as effectively to infectious organisms as when you were younger. In addition, many nursing home residents already have weakened immune systems due to age, illness, and disease, and their bodies cannot handle the added onslaught caused by food poisoning. 

For example, dehydration, which is a common and serious complication of food poisoning, is also a risk factor for the development of pressure sores, which can present a serious risk to nursing home residents. Therefore, nursing homes should take extra precautions to ensure that food is served in a safe, timely, and proper manner so as to prevent contamination. 

Food poisoning (also known as food-borne illness) occurs when you consume contaminated food or beverages. Food can be contaminated by bacteria, viruses, parasites, or their toxins.   In the United States, there are an estimated 76 million cases of foodborne disease each year. 

The CDC estimates that foodborne diseases cause 325,000 hospitalizations and 5,000 deaths each year. Depending on the source of contamination, symptoms may vary. Oftentimes, people think they have the “stomach flu.” However, most types of food poisoning cause the following symptoms:

• Nausea
• Vomiting
• Watery diarrhea
• Abdominal pain
• Stomach cramps
• Loss of appetite
• Fatigue
• Fever

These symptoms can start as soon as just hours after eating the contaminated food or days later. Illness usually lasts from 1-10 days. Treatment for food poisoning is usually done with fluid replacement and control of nausea and vomiting. In serious cases, hospitalization might be necessary. 

Food can be contaminated by bacteria, viruses, parasites, or their toxins. This contamination can occur at any point in the food production (growing, harvesting, processing, storing, shipping, and preparing). The most common cause of food poisoning is cross-contamination (the transfer of harmful organisms from one surface to another. 

Some common contaminants include: Campylobacter, Clostridium perfiringens, Escherichia coli (E. coli), Giardia lamblia, Hepatitis A, Listeria, Norovirus, Rotavirus, Salmonella, Shigella, Staphylococcus aureus, Vibrio vulnificus, and Botulism. 

Salmonella and Campylobacter are bacteria that commonly cause food poisoning. They are normally found in warm-blooded animals such as cattle, poultry, and swine. The bacteria may be present in raw meat, poultry, eggs, or unpasteurized dairy products. Another common bacterial contamination is Clostridium perfringens, which may be present in raw meat, poultry, eggs, or unpasteurized dairy products as well as in vegetables and crops that come in contact with soil. 

Staphylococci, bacteria that are naturally found on human skin and in the nose and throat, can also cause food poisoning when handling food. E. coli (Escherichia coli) is found in the intestines of healthy cattle and can cause infection when people eat undercooked beef or unpasteurized milk. Shellfish and other foods that may have been exposed to sewage-contaminated water can transmit viral diseases such as Hepatitis A. Finally, Botulism is a rare but deadly form of food poisoning caused by Clostridium botulinum, which is found in improperly canned foods. 

Food poisoning can be easily prevented through the following steps:

• Wash your hands, utensils, and food surfaces often
• Keep raw foods separate from ready-to-eat foods
• Cook foods at a safe temperature
• Refrigerate or freeze perishable foods promptly
• Defrost safely
• Throw it out when in doubt

Older adults should avoid the following because they have weakened immune systems:

• Raw or rare meat and poultry
• Raw or undercooked fish or shellfish
• Raw or undercooked eggs
• Raw sprouts
• Unpasteurized juices and ciders
• Soft cheeses, blue-veined cheese, and unpasteurized cheese
• Refrigerated pates and meat spreads
• Uncooked hot dogs, luncheon meats, and deli meats

Nursing home residents rely completely on nursing home staff to provide safe and nutritious food. When nursing homes fail to take adequate precautions, serious consequences, such as food poisoning, can occur. 

If your loved one suffered an injury or death related to food poisoning at a nursing home, hospital or assisted living facility, learn your legal rights today.  Our team of injury lawyers remain committed to maximizing all aspects of recovery. (888) 424-5757 Anytime. Anywhere.

Resources:

The University of Chicago Medical Center: Food Poisoning

Marler Blog

Mayo Clinic: Food Poisoning

CDC: Foodborne Illness

New York Times Health Guide: Food Poisoning

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Peanut butter tainted with salmonella has claimed the life of a 72-year-old resident at a Minnesota Nursing Home.  Consequently, the family of Shirley Mae Almer, have filed a food poisoning lawsuit against the manufacturer and distributer of the peanut butter in Hennepin District County in Minneapolis for her death.

The lawsuit names Peanut Corporation of America and King Nut Companies as the defendants in the matter.  Peanut Corporation manufactured the contaminated peanut butter over the past six months and King Nut distributed the peanut butter to institutions--including Almer's nursing home.

The lawsuit alleges that Almer died on December 21, 2008, during a temporary stay in a Brainard, Minnesota Nursing Home. The peanut butter lawsuit alleges that her death was caused by eating peanut butter contaminated with Salmonella typhimurium, the same strain of bacteria that has been connected to other illnesses and deaths after ingesting the peanut butter.

According to the complaint, the defendants failed to manufacture, package and transport their products safely, failed to supervise and train their employees effectively, did not maintain hygienic conditions for production of peanut butter, failed to test their final products before distributing them and did not take steps to prevent cross-contamination at the plant.

The Minnesota Department of Health found salmonella bacteria in an open 5 pound tub of peanut butter served at the Minnesota nursing home where Almer was residing, and other sealed containers of peanut butter manufactured by Peanut Corporation of America have been found to be contaminated with the same strain of bacteria, tracing the contamination back to the processing plant where the containers are sealed.

According to reports released on January 27, 2009, subsequent inspections by federal health officials have found evidence of Salmonella typhimurium at the plant, together with two other strains found on the floor of the facility and another strain in a different container of peanut butter produced by Peanut Corporation of America.

King Nut Companies distributed large tubs of peanut butter manufactured by Peanut Corp. to nursing homes, schools and other food service institutions in several states.

Peanut Corp. also sold peanut paste to nearly 100 different manufacturers of peanut butter crackers, cookies, ice cream, nutrition bars and other products containing peanut butter. To date, almost 400 products have been recalled that are believed to contain the contaminated peanut butter.

If you or a loved one have contracted salmonella after eating peanut butter served in a nursing home or institution, you may be entitled to a claim for damages against the peanut butter manufacturer and distributer of the products.  Also, depending on when the peanut butter was served, you may also have a claim against the nursing home or institution where the peanut butter was served.

You can read more abut the FDA's recall of contaminated peanut butter in nursing homes and other institutions here.

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More than 460 people have been diagnosed with salmonella that can be traced to peanut butter used in institutions.  It is estimated that the salmonella outbreak has caused more than 100 of the people to seek hospital treatment.  Salmonella can be especially serious in elderly people with weakened immune systems.  If not quickly identified and treated, salmonella may cause death.

If you are concerned about potentially having peanut butter that may be contaminated with salmonella, check out the FDA website.

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