The Guardian Blog : Arizona Nursing Home Lawyer & Attorney : Solomon & Relihan Law Firm : AZ Assisted Living Neglect & Abuse : The Guardian Blog

The woman is 87-years old and has always lived alone and never appeared bruised or injury prone, according to neighbors. According to reports, there was no sign of forced entry in the woman’s home and no evidence of a struggle, which raises questions about what actually occurred there. The elderly woman told police officers that she fell down, but had two black eyes and several scrapes and cuts that fall in line with assault injuries. Doctors also found evidence that the woman had been sexually assaulted. The woman’s house is being treated as a crime scene although police are still questioning what happened there. One neighbor took care of the elderly woman and even had a key to her residence.

This elderly woman had to suffer a brutal assault and now has to recover from her horrific physical and emotional trauma. It is unfortunate that the individual who attacked this woman has not been apprehended yet, because they can be out there attacking more innocent individuals. It is so important for your loved ones to be kept safe and aware of their surroundings because an attack like this can happen to anyone. Elderly individuals are more prone to becoming targets, which is why they should take more precautions.

The 4 employees were accused of engaging in sexually explicit behavior or taunting patients about their health condition. The employees would provoke patients consistently until they became agitated and they would then use this as leverage to avoid having to care for the patients. The four employees were later fired from their job at the facility. The administrator in charge and the director of nursing were also released in connection with this incident. Seven other employees reportedly knew of the abuse incidents but never reported them to administrators or authorities. Beginning March 25th, the facility must now pay $3,000 per day as a fine until the violations were corrected.

This incident demonstrates one of many things to be on the lookout for when selecting a nursing home. The facility’s history of reports and complaints is very important in choosing a nursing home. In this incident, the reports of abuse should have been brought to the administration’s attention much earlier than it was and these incidents of abuse could easily have been prevented. Unfortunately, the victims in this incident had to face humiliating and abusive acts against them simply because the perpetrators were uncaring. A facility should never condone nor commit actions of an abusive nature against its residents. If the employees in this incident had been stopped in the first place, the victims would have received justice for their suffering much sooner.
 

This bill was introduced in an effort to curb the increasing number of elder sexual abuse incidents that have been occurring. The current list already includes people convicted of sexual criminal conduct, kidnapping, soliciting a minor, and possessing child pornography. This new bill would force people convicted of criminal abuse of a vulnerable adult to register to the list of offenders immediately.

Enhancing the list and adding those with criminal abuse charges to the list seems like a good way of ensuring the safety of elderly residents of nursing homes. However, many people are unhappy about the creation of this new addition to the list. Some people realize that a person added to the list of offenders will have a difficult time finding employment elsewhere. As a result, some people believe this will leave facilities shorthanded, causing the elderly to require assistance from relatives or other unqualified people. However, that is not a reason for any criminal abuse offenders to continue to be allowed access to vulnerable, elderly individuals. This new law will prevent elderly from facing possible pain and suffering that comes with elder abuse. Nobody should have to suffer in this way.

The director states the facility always conducts background checks on all employees in the facility. Price will have to appear in court in three weeks on the 27th of January. According to authorities, this incident was an isolated incident and no other incidents have occurred at the facility. Price could face the minimum sentence for a Class B felony charge in this incident.

Although this incident is believed to be an isolated one, unfortunately, elderly sexual abuse is a serious crime that occurs often. According to statistics from Elderly Abuse Daily, there are roughly 129,952 total cases of elder abuse in the state of Arizona alone. A majority of elder abuse victims suffer from some sort of physical or mental disability, which allows the perpetrator to easily victimize the elderly person. They are completely unable to defend themselves or call for help. Many elder abuse victims are females that are 75 years of age or older. Elder abuse, including sexual abuse can be prevented, though. If an incident does occur, there are ways to get justice for any suffering you or your loved ones may experience.
 

The report states that the agency that oversees the facility did not find any problems with the facility’s policy until a complaint was sent to a legislator for the state. Following several investigations, it was discovered that there were many incidents of improper sexual behavior amongst the residents. In one particular incident, Kevin Rouse, a resident of the facility was found in the bathroom with another resident participating in sexual activity. However, the incident was not reported because the facility deemed the incident a consensual act and not abuse. Law enforcement was never made aware of this or any other incident in the facility because of the permissive policy. Now the policy for state-run group homes is being revised to avoid such incidents.

It is clear to see how such a policy could be viewed as blatant negligence on the part of the facility and also how it could lead to many more cases of abuse. The fact that the state is now stepping in and revising the policy demonstrates that such a policy is inappropriate, especially for a facility that houses mentally disabled individuals and known sex offenders. The revision of the policy would prevent group-home sexual abuse among residents and potentially between staff and residents as well.

In early 2009, the office of New York Attorney General started an investigation of Robert Gundersen, a certified nurse at Northwoods Rehabilitation Center who was suspected of sexually abusing a 78-year-old resident.  In March and April of that year, the attorney general's office planted a hidden camera at the facility and conducted a six-week investigation.

What they saw on the hidden camera led the attorney general's office to arrest 14 nurses and aides at the facility on a variety of charges related to neglect of residents. The 175 charges included falsifying records, endangering the welfare of an incompetent or physically disabled person, and willful violation of health laws.

Among the specific acts of neglect that were documented on the hidden camera video were failure to administer medication, improperly treating bedsores, and failure to check residents for incontinence.

Gundersen pleaded guilty to first-degree sexual abuse and was sentenced to 10 years probation and is no longer allowed to work in nursing homes. Five of the 14 other workers have already pleaded guilty. The other nine pleaded not guilty and are awaiting trial, which is scheduled to start January 31.

This case is a shocking demonstration of the pervasiveness of nursing home neglect. The six week investigation turned up 175 distinct acts of neglect by 14 different staff members, in addition to the sexual assault that prompted the investigation. It demonstrates that nursing home residents and their families should always be vigilant about detecting and reporting abuse.

A few weeks ago, we wrote about the first part of the Herald Courier's investigation, which found that administrators at the nursing home National Healthcare-Bristol ignored suspicions about nursing aid James Wright for seven years.  Now, in a follow up report, the newspaper is reporting that police investigating a case in 2007 failed to even interview Wright despite the fact that he was the prime suspect and that Wright had been suspected by staff members of molesting residents since 2000. 

Police files say that Wright became a suspect only after a private investigator hired by an attorney began making inquiries.  Despite the evidence the private investigator uncovered that implicated Wright not only in the 2007 case but in other instances of sexual assault at the nursing home, police decided not to interview him and the case remained unsolved.

Wright left National Healthcare-Bristol in 2007 with good recommendations from his supervisors, despite the suspicions many of his coworkers had about him.  He took a job at an assisted living facility, where he is accused of assaulting a resident as well. 

The failures of the local police and nursing home administrators finally came to light in 2009, when state investigators connected Wright to the several unsolved sexual assaults at National Healthcare and the other facility.  Wright was convicted for four of the assaults and is currently in jail.

This investigation by the Herald Courier is a harrowing wakeup call that illustrates that authorities who are supposed to protect our elderly --  police and nursing home staff -- often fail in their duty.  If you have a loved one in a nursing home, you should always watch for signs of sexual abuse and pursue your suspicions vigorously.  For more information on sexual assaults, visit the

James Wright, who worked at National HealthCare-Bristol from 2000 to 2007, is currently in jail serving a 60-year sentence for assault four residents at the facility.  Investigators have linked him to at least three other abuse cases and there are at least five other cases of abuse that occurred at the facility during that time period that may or may not be linked to Wright.  In addition, Wright is accused of assaulting a resident at another assisted living facility where he worked after leaving National HealthCare. 

The extensive investigation by the Bristol Herald Courier reveals that suspicions about Wright were well-known among staff and administrators at Bristol HealthCare for a long time.  In 2007, there were five complaints about Wright in the months leading up to his departure.  Despite this, he was not fired, but allowed to resign with positive recommendations.  He then got a job at an assisted living facility, where he is also accused of sexually assaulting a resident.

This is a classic example of a nursing home administration covering up abuse in order to save face and, in the process, allowing more abuse to happen.  When cases like this come to light, nursing home administrators will frequently try to shift all blame onto the perpetrator and deny any responsibility.  However, if they have suspicion that abuse is occurring and fail to take steps to stop it, they should be held responsible as well.

For more information on nursing home abuse, visit Solomon & Relihan's Nursing Home Advocates website.

According to the Philadelphia Inquirer, pedophile Charles Koons, whose mother was an employee of the school, was allowed to frequently visit the Milton Hershey School in Hershey, PA for over 20 years before his arrest in 2008.  He first came to the attention of Hershey police in 1998 when the mother of a student said he had revealed in therapy that he had been molested by Koons in 1989.  The boy was 8 at the time of molestation.  Hershey police investigated the case and notified school officials, but the case was closed without an arrest and the school officials did not take any action against Koons or his mother.

The case lay dormant until 2008, when police in a neighboring town arrested Koons on 17 counts of molestation that occurred between 2002 and 2008.  Koons pleaded guilty earlier this year to the 17 counts and is serving a 35- to 100-year prison sentence.

The Milton Hershey School is a prestigious and nationally renowned boarding school for disadvantaged youth.  It was founded 100 years ago by Hershey Company founder Milton Hershey and his wife.  The campus houses 1,800 students in 145 family-style group homes.

This case demonstrates why is it important for family members of residents in nursing homes, group homes, and assisted living facilities to be diligent in looking for and reporting suspicions of abuse and neglect.  Many people think that police and state and local licensing agencies will protect their loved ones from such egregious acts as sexual abuse, but these agencies cannot catch every act of abuse. 

If you believe your loved one is being abused, it is always a good idea to contact an attorney who is experienced in these types of abuse cases, who can help get justice for your loved one and prevent others from being abused.  For more information on group home abuse, visit Solomon & Relihan's Group Home Abuse website.

According to local TV station WTVD, 42-year-old Michael Brodie is the worker accused of the assault.  Brodie had prior charges on his record and a background check was performed, but his record did not preclude him from working at the nursing home.  For more information, you can see WTVD's report below. 

This story illustrates that, though states require background checks for nursing home employees, this does not always keep all criminals out.  Sexual assault is one of the most horrific crimes imaginable and we must all work to prevent it.  If you have a loved one who is in a nursing home, please pay attention for physical and emotional signs of abuse.  These can include:

Bruising on inner thighs

Sexually transmitted diseases

Difficulty walking or standing

Pain and/or itching in the genital area

Scared or timid behavior

Depressed, withdrawn behavior

Sudden changes in personality

Fear of certain people or of physical characteristics

If you suspect abuse, you should contact an Arizona nursing home abuse attorney immediately.  You should also consult the Arizona Department of Health Services website for more information on quality of nursing home care.

For more information on nursing home sexual abuse, visit the Nursing Home Advocates Sexual Assault information page.