Choking Death of Philadelphia Nursing Home Resident leads to Pennsylvania Attorney General Taking over DNA Testing

A hair discovered on a paper wipe found lodged in the throat of Cheryl Yewdall, a 50 year-old Philadelphia nursing home resident with cerebral palsy and intellectual disabilities, was recently ordered by a judge to be sent out for private DNA testing as part of an ongoing criminal investigation into the woman’s mysterious choking death in 2022. Before evidence could be sent to the lab, the Pennsylvania AG’s office stepped in to take control of the testing.

The Pennsylvania attorney general’s office has involved itself in the DNA testing of a hair discovered on a wipe removed from the trachea of a Philadelphia nursing home resident who later died, says an article in U.S. News & World Report.

Stuck to a wipe pulled from the windpipe of 50 year-old Philadelphia nursing home resident Cheryl Yewdall prior to her death, the hair was discovered by a pathologist for Yewdall’s family after having apparently been missed by Philadelphia investigators. The wrongful death attorney for the family requested a judge order DNA testing of the hair, which could potentially shed light on whether Yewdall’s death was an accident or a homicide.

According to the article, the state attorney general’s office originally appeared unwilling to get involved with the DNA testing; however, after Philadelphia was subpoenaed to turn over the evidence to a laboratory of the family’s choosing, the AG’s office took control of the evidence and will see the testing performed as ordered. The family’s wrongful death attorney subsequently withdrew his demand for private DNA testing, citing “pending criminal investigation” as the reason.

The investigation began nearly three years ago after Yewdall, a resident of the Merakey Woodhaven facility in Philadelphia, died five days after she was discovered lying face down on the floor of the facility, lips blue, lying in a pool of urine. At the hospital a 7-by-10-inch wipe was pulled from her airway; the medical examiner could not determine how the wipe appeared in Yewdall’s throat. Yewdall’s mother, convinced an extreme incident of nursing home malpractice had occurred, subsequently secured a wrongful death attorney and filed a $15 million lawsuit against Merakey Woodhaven. Charges have yet to be filed.

Merakey has denied all allegations of nursing home malpractice related to Yewdall’s death. In response to the wrongful death attorney’s claim that a Merakey employee forced the wipe into Yewdall’s throat, Merakey argued that the type of wipe discovered is not used at Woodhaven and instead was likely inserted into the victim’s throat after leaving the facility, perhaps by the EMTs who rushed Yewdall to the hospital. The wrongful death attorney in turn said that an expert will testify that the wipe was present when EMTs arrived on the scene.

The wrongful death attorney has previously contended that Yewdall, whose gag reflex functioned normally despite her cerebal palsy, could not have inserted the wipe into her own throat; moreover, the wrongful death attorney contended, the strand of black hair on the wipe could not have come from Yewdall, as a recent photograph of the victim showed her with mostly gray hair.

Certain incidents previously discovered by the family implicate Merakey Woodhaven as having subjected Yewdall to nursing home malpractice, such as allowing her broken leg to go undiagnosed for weeks and also including an alleged falling event that left Yewdall with a black eye and swollen cheek. Most damning is an audio recording of Yewdall saying, “Listen to me, a———. Settle down baby. I’m going to kill you if you don’t settle down. I’m going to kill you, a———.” According to the wrongful death attorney, Yewdall, who suffered from a condition called echolalia that caused her to repeat things she overheard, heard these threats at Marakey Woodhaven.

A trial has been set for next year.

Battling Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy is committed to combating nursing home malpractice in Philadelphia/PA and NJ nursing homes. No Philadelphia/PA or NJ nursing home resident should suffer abuse or negligence or live in fear of nursing home wrongful death. Attorney Brian Murphy has years of experience as a Philadelphia/PA and NJ nursing home malpractice and wrongful death attorney. He is committed to bringing his clients’ nursing home malpractice cases to successful resolutions. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

The post Pennsylvania Attorney General Takes over DNA Testing in Choking Death of Philadelphia Nursing Home Resident appeared first on The Law Firm of Brian P. Murphy, PC.

DNA Testing Could Give Answers in Mysterious Wrongful Death of Philadelphia Nursing Home Resident Found with a Disinfectant Wipe Lodged in Her Throat

In January 2022, Cheryl Yewdall, a 50 year-old Philadelphia nursing home resident with cerebral palsy and intellectual disabilities, died after a paper towel or disinfecting wipe was discovered lodged in her trachea. The woman’s mother secured a wrongful death attorney and filed a lawsuit against Merakey Woodhaven, where her daughter lived since she was ten. New DNA evidence could shed new light on the case.

The family of a Philadelphia nursing home resident who died after choking on a paper towel or disinfecting wipe has requested DNA testing on a hair stuck to the wipe, says a Bowling Green Daily News article. A single black hair, apparently missed by homicide investigators who were unable determine if the death was a homicide or an accident, has been discovered via magnification of police evidence photos by a pathologist for the victim’s family; the family subsequently contacted a judge to request DNA testing of the hair.

In January 2022, workers at Philadelphia’s Merakey Woodhaven found 50 year-old resident Cheryl Yewdall face down on the floor, in a pool of urine, her lips blue—circumstances indicative of nursing home malpractice. A 7-by-10-inch paper towel or cleaning wipe was discovered blocking her airway. Following an investigation, the question of how the wipe got into her throat remains a mystery. After contacting a wrongful death attorney, Yewdall’s mother filed a wrongful death lawsuit against the home.

According to the news article, the wrongful death attorney and a second lawyer filed a motion on June 21 that included a photograph of Yewdall with mostly gray hair. The black hair on the wipe—and even the wipe itself—might contain DNA not belonging to Yewdall, contends the wrongful death attorney. The article says that, thus far, no indication of a willingness to conduct DNA testing has been shown.

The nursing home has denied any responsibility for Yewdall’s death. The suit filed by the wrongful death attorney for Yewdall’s family accuses a staff member at Marakey Woodhaven of jamming the paper towel/cleaning wipe down her throat. While Yewdall suffered from cerebral palsy, her medical records indicated a normal functioning of her gag reflex, suggestive of the fact that Yewdall could not have inserted the wad of paper into her own windpipe; furthermore, previous incidents indicative of nursing home malpractice support the lawsuit’s accusations:

• In early 2021, Yewdall suffered an undiagnosed broken leg for weeks. When it was finally discovered, the physician-ordered leg immobilizer went unimplemented.
• Later that year, Yewdall suffered a black eye and swollen cheek, which the facility claimed was the result of a fall.
• Most significantly, an audio recording of Yewdall—who has a condition known as echolalia, which involves the repeating of other people’s words and phrases—reveals her saying, “Listen to me, a———. Settle down baby. I’m going to kill you if you don’t settle down. I’m going to kill you, a———.” According to the lawsuit, these words were overheard by Yewdall at Marakey Woodhaven.

Taking Nursing Homes to Task for Wrongful Death

Attorney Brian P. Murphy is committed to fighting against nursing home malpractice in Philadelphia/PA and NJ nursing homes. No Philadelphia/PA or NJ nursing home resident should be subjected to the abusive and negligent acts that amount to nursing home malpractice, and no one should live in fear of nursing home wrongful death. Attorney Brian Murphy has years of experience coming up against Philadelphia/PA and NJ nursing homes in matters of nursing home malpractice and as a wrongful death attorney. He is dedicated to successfully resolving his clients’ cases. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

The post DNA Testing Could Give Answers in Mysterious Wrongful Death of Philadelphia Nursing Home Resident Found with a Disinfectant Wipe Lodged in Her Throat appeared first on The Law Firm of Brian P. Murphy, PC.

New Jersey Nursing Home Residents Sue for Negligence, Hardship, and Wrongful Death after Home Closes without Notice

For months before the sudden shutdown, red flags about Princeton Care Center were apparent, including staffing shortages, unpaid bills, and poor ratings related to nursing home malpractice,

Eleven lawsuits have been brought against a New Jersey nursing home, all of which claim it illegally closed without proper notice, a NJ.com article reports. The lawsuits, brought by residents or their families, claim that the precipitous shuttering of doors at Princeton Care Center caused hardship and wrongful death, necessitating the securing of wrongful death attorneys and constituting a blatant act of nursing home malpractice.

In the state of New Jersey, the law dictates that a nursing home intending to close must submit a closure plan and give 60 days’ notice to residents. According to the article, the 72 residents of Princeton Care were given just hours of notice when Princeton Care announced it was closing last September. After the closure, says the article, the majority of the residents were placed in other nursing homes, where they promptly suffered mental deterioration trying to acclimate to new surroundings. Two of the residents died shortly after being relocated, unfortunately requiring their families to secure a wrongful death attorney.

The nursing home malpractice lawsuits against the home charge the facility’s owner, administrators, and health care providers with the following:

• Negligence
• Failure to safeguard residents
• Deviating from accepted standards of long-term care
• Failure to comply with federal and state regulations
• Failure to return funds held in residents’ personal needs accounts

Regarding Princeton Care’s sudden shutdown, New Jersey Health Department officials say the move was the legal consequence of emergency circumstances stemming from the collapse of a license transfer deal that would have rescued the financially struggling home; however, court documents and other records indicate the home was in serious financial and operating straits long before the shutdown, a perfect storm of conditions that create circumstances under which nursing home malpractice occurs and vulnerable residents suffer. The red flags were enumerated by the article as the following:

• Consistent poor ratings
• Hundreds of thousands in unpaid bills
• Millions in mounting losses
• Chronic staffing shortages
• Alleged breach of contract concerning lease payments not made for months

According to the Office of the State Comptroller, Princeton Care’s owner, Gail Bogner, has been made to renounce her stake in two other facilities earlier this year rather than risk the forfeiture of millions of dollars in federal funding necessary to keep those sites open. Acting State Comptroller Kevin Walsh said Bogner’s actions regarding Princeton Care were characterized by “recklessness, neglect, and incredibly poor judgment [that] caused serious harm and trauma to the residents of Princeton Care Center. It presents too serious of a risk to allow them to have influence over any other Medicaid-funded nursing homes.”

Fighting Against Nursing Home Neglect, Abuse, and Wrongful Death

Attorney Brian P. Murphy has dedicated his practice to upholding the safety and preserving the rights of Pennsylvania, Philadelphia, or New Jersey nursing home residents. Your loved one should not fear that the facility he or she is comfortable in will close without notice, leaving him or her reeling. As a seasoned nursing home malpractice and wrongful death attorney, Brian Murphy endeavors to hold accountable those Philadelphia/PA or NJ nursing homes responsible for negligence and abuse and every kind of nursing home malpractice. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today.

The post New Jersey Nursing Home Residents Sue for Negligence, Hardship, and Wrongful Death after Home Closes without Notice appeared first on The Law Firm of Brian P. Murphy, PC.

Pennsylvania Nurse Charged with Multiple Nursing Home Murders Gets Life in Prison

The Pennsylvania nurse who gave high—and in many cases, lethal—doses of insulin to several of her patients has pled guilty to three counts of murder as well as other charges and received a life sentence in prison, says an NBC Philadelphia article.

Initially charged with the deaths of two nursing home patients while injuring a third, former nurse Heather Pressdee, 41, was ultimately found to be involved in the deaths of at least 17 patients ranging from 43 to 104 years of age in nursing homes across four Pennsylvania counties between 2020 and 2023, said prosecutors. Following the original charges against her, subsequent investigations resulted in multiple other charges being brought against her by wrongful death attorneys.

A recent lawsuit brought by a wrongful death attorney was filed in April against Armstrong Rehabilitation and Nursing Facility in Kittanning, Pennsylvania, and its parent company, Armstrong SNF Operator LLC. The suit charged the home with nine counts of nursing home malpractice for neglecting to prevent the hiring of Pressdee in spite of her dismissals from other homes, for failing to prevent the death of a 90 year-old woman who’d been given an overdose of insulin administered by Pressdee, and for neglecting to report or act on reports related to suspected abuse.

At her hearing in Butler County, Pressdee pled guilty to three counts of first-degree murder and 19 counts of attempted murder, and received three consecutive life sentences, as well as another consecutive term of 380-760 years in prison.

According to prosecutors, Pressdee allegedly administered the high doses of insulin to her patients—including those who were not diabetic—during quiet, low-staffed overnight shifts, in order to avoid the swift hospitalization of her victims. The NBC Philadelphia article said Pressdee’s coworkers had frequently taken issue with the former nurse’s professional conduct and witnessed her showing contempt for her patients and saying disparaging things about them.

Fighting Against Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy dedicates his practice to upholding the safety and rights of residents in Pennsylvania, Philadelphia, or New Jersey nursing homes. Your loved one should never have to endure nursing home negligence or abuse that results in injury, illness, or especially wrongful death. Brian Murphy is experienced in taking to task negligent nursing homes in Pennsylvania, Philadelphia, and New Jersey. As a nursing home malpractice and wrongful death attorney, he holds Philadelphia/PA or NJ nursing homes accountable for all types of nursing home malpractice. If you need to contact a nursing home malpractice and wrongful death attorney, or need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.

The post Pennsylvania Nurse Charged with Multiple Nursing Home Murders Gets Life in Prison appeared first on The Law Firm of Brian P. Murphy, PC.

Ninth Wrongful Death Lawsuit Filed in Connection with Pennsylvania Nurse Charged with Killing Two Nursing Home Residents and Attempted Murder of a Third

The latest lawsuit involving Heather Pressdee, the former registered nurse charged with homicide and attempted murder, claims that her being fired or forced to resign from multiple nursing homes was a red flag indicating a history of nursing home malpractice.

A new wrongful death lawsuit has been filed against a Pennsylvania nursing home in connection with former nurse Heather Pressdee, says a Trib Live article, marking the ninth wrongful death lawsuit against a nursing home where Pressdee worked.

Pressdee is criminally charged with killing two nursing home residents and attempting to murder a third by giving them lethal doses of insulin at Quality Life Services, a skilled nursing facility near Pittsburgh. This act of nursing home malpractice was called “deliberate and intentional” by the Pennsylvania attorney general. According to the Trib Live article, Pressdee has been connected by state prosecutors to the deaths of at least 17 patients, and the mistreatment of five more, at nursing homes across four Pennsylvania counties between 2020 and 2023. She is being held in the Butler County jail.

The latest suit brought by a wrongful death attorney has been filed against Armstrong Rehabilitation and Nursing Facility in Kittanning, Pennsylvania, and its parent company, Armstrong SNF Operator LLC, on behalf of patient Louise Skinner, 90, who died in December 2022. The suit claims Skinner, like Pressdee’s other alleged victims, died from an overdose of insulin administered by Pressdee and that Armstrong Rehabilitation is liable; it accuses the facility of nursing home malpractice in the form of negligence due to the fact that the home hired Pressdee in November 2022 despite her string of dismissals and resignations from other nursing homes.

The suit furthermore accuses Armstrong Rehabilitation staff of nursing home malpractice in the form of negligence in that it failed to prevent Pressdee from giving unnecessary insulin to Skinner, and in that it neglected to report or act on reports regarding suspected abuse. In total the lawsuit brought by the wrongful death attorney contains nine counts, including negligence and vicarious liability.

According to the article, the eight other wrongful death lawsuits connected with Pressdee make similar claims of liability against two other Pennsylvania nursing homes and their owners. They have been brought against Belair Healthcare and Rehabilitation Center in Lower Burrell and Sunnyview Rehabilitation and Nursing Center in Butler.

Fighting Against Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy dedicates his practice to upholding the safety and rights of residents in Pennsylvania, Philadelphia, or New Jersey nursing homes. Your loved one should never be subject to nursing home negligence that results in injury or illness or especially wrongful death. Brian Murphy is experienced in taking to task negligent nursing homes in Pennsylvania, Philadelphia, and New Jersey. As a nursing home malpractice and wrongful death attorney, he holds Philadelphia/PA or NJ nursing homes accountable for all types of nursing home malpractice. If you need to contact a nursing home malpractice and wrongful death attorney, or need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.

The post Ninth Wrongful Death Lawsuit Filed in Connection with Pennsylvania Nurse Charged with Killing Two Nursing Home Residents and Attempted Murder of a Third appeared first on The Law Firm of Brian P. Murphy, PC.

Resident Died from Sepsis: Pennsylvania Nursing Home Charged with Wrongful Death and Alleged Severe Neglect 

The Old Orchard Health Care Center in Pennsylvania’s Bethlehem Township has been accused of nursing home malpractice in the form of extreme negligence after a resident died from sepsis who was  afflicted with multiple infected bedsores and other affliction in late 2021.

A Pennsylvania nursing home has been accused of nursing home negligence after a resident died in a septic state at a local emergency room, says a WFMZ 69 News article.

According to the suit brought by the administrator of the estate of the deceased and filed by her wrongful death attorney, Linda Loyko alleges that Myron Loyko suffered extreme physical pain, mental anguish, and humiliation as a result of negligence on the part of Old Orchard Health Care Center in Bethlehem Twp. This act of nursing home malpractice, Linda Loyko claims, ultimately led to Myron Loyko’s death on Dec. 13, 2021.

According to the article, court records indicate that during the month of his death Myron Loyko suffered the following afflictions:

• Distended Abdomen
• Testicular Pain
• Shortness of Breath
• Confusion
• Difficulty speaking

Nine days before his death, Myron Loyko was treated at the emergency department at St. Luke’s Anderson Campus and was found to have the following conditions:

• Urinary tract infection
• Acute kidney injury
• Fournier’s gangrene
• Sepsis
• Pressure ulcers on his buttocks and scrotum

The article cites court records as alleging that Myron Loyko died from nursing home negligence and careless acts of nursing home malpractice.

As alleged by the suit brought by the estate’s wrongful death attorney, the Old Orchard Health Care Center failed on a number of fronts to properly care for Myron Loyko and thus by negligence contributed to his wrongful death. Among these acts of failure are the following:

• Inadequate staffing levels
• Failure to ensure proper nutritional intake
• Lack of training/supervision of employees in the proper care of disabled residents
• Depriving Myron Loyko of an evaluation by a specialist
• Neglecting to inform family of Myron Loyko’s condition
• Failure to implement and enforce proper policies and procedures
• Lack of sufficient safety equipment

Nursing home neglect is a type of nursing home malpractice in which facilities fail to provide residents with any type of care required to maintain physical, mental, and psycho/social health. Certain typical conditions under which neglect occurs include low nursing staff levels and incompetent health providers, and common signs of neglect include malnutrition and dehydration, bed sores, infections, and unexpected death.  If someone’s loved one living in a nursing home has suffered an injury or death and nursing home neglect is suspected, it is imperative that a nursing home malpractice and wrongful death attorney is immediately contacted.

Your Advocate against Nursing Home Neglect and Wrongful Death

Attorney Brian P. Murphy is dedicated to protecting the safety and preserving the rights of residents in Pennsylvania, Philadelphia, or New Jersey nursing homes. Your loved one should not fear that nursing home negligence will result in illness, bed sores, humiliation, or especially wrongful death. Attorney Brian Murphy is experienced in taking to task negligent nursing homes in Pennsylvania, Philadelphia, and New Jersey. As a nursing home malpractice and wrongful death attorney, he holds Philadelphia/PA or NJ nursing homes accountable for all types of nursing home malpractice. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.

The post Pennsylvania Nursing Home Charged with Wrongful Death of Resident Who Died from Sepsis; Severe Neglect Alleged appeared first on The Law Firm of Brian P. Murphy, PC.

Nurse Criminally Charged in Nursing Home Resident’s Respiratory Death

The licensed practical nurse, a temp working at Fonda Specialty Care nursing home in Iowa, has been accused of nursing home malpractice in the form of felony wanton neglect after failing to assist a tracheostomy patient despite his gestures that he could not breathe. The man died soon afterward, an occurrence justifying the involvement of a wrongful death attorney.

An Iowa nurse has been criminally charged in the man’s wrongful death, as she allegedly neglected to clear the airway of a nursing home patient in her care, says a recent KCCI News article.

According to the article, licensed practical nurse Becky Sue Manning, 69, is accused of engaging in nursing home malpractice by ignoring repeated requests to help a patient who was struggling to breathe. The alleged incident took place in February 2023 at the Fonda Specialty Care nursing home where Manning was assigned as a temporary nurse through a medical staffing agency.

The deceased, Marvin “Pete” Jacobs, 87, had recently undergone a tracheostomy, a procedure in which a breathing tube is inserted in the windpipe to better facilitate breathing. To address the clogging of his airway that tended to occur after the procedure, a suctioning machine was positioned by staff beside his bed.

As per state inspection records, on the afternoon of Feb. 19, a nursing home employee discovered Jacobs in distress—gesturing at his throat, gasping for air, and mouthing he was unable to breathe. Prosecutors allege that the nurse summoned to help Jacobs was Manning. Despite Jacobs’s medical condition, his behavior, and that he allegedly turned shades of purple and blue, Manning did not use the suctioning machine to attempt to clear his airway. Instead the nurse took his vitals, declared Jacobs was having a heart attack, and left the room to determine if Jacobs had DNR (Do Not Resuscitate) orders, allegedly ignoring at least four aides’ suggestions that she suction him. When she returned to the room, Jacobs showed no signs of life, and Manning pronounced him deceased.

According to the article, Manning acknowledged to inspectors that various staff members said Jacobs’s airway needed clearing. “I told the staff no,” said Manning. “I was told that I would not have to do anything with the tracheostomy.” Manning allegedly also told inspectors that despite her coworkers’ input, it never occurred to her to use the suctioning machine on Jacobs’ airway.

Prosecutors also accuse Manning of preventing staff from calling 911 when Jacobs was showing signs of respiratory distress.

This alleged incident of nursing home malpractice, which warrants the securing of a wrongful death attorney, amounts to a failure to provide physician-ordered care; consequently, Manning has been charged with felony wanton neglect of a health care facility resident.

Medical professionals working at nursing homes, including those in Philadelphia/Pennsylvania and New Jersey, are required to provide their patients with all necessary medical care. Failing to do so is nursing home malpractice consistent with neglect. If your loved one living in a nursing home, including a Pennsylvania, Philadelphia, or New Jersey nursing home, is injured or dies as a result of neglect, do not wait to contact a nursing home malpractice lawyer or wrongful death attorney.

According to the article, the $10,000 fine initially levied against Fonda Specialty Care for Jacobs’s death by the Iowa Department of Inspections and Appeals was reduced to $6,500 as a result of the lack of an appeal in the case. Manning, arrested and later released on a $10,000 bond, has yet to enter a plea.

Battling Nursing Home Neglect and Wrongful Death

Attorney Brian P. Murphy endeavors to uphold the safety and rights of residents in Pennsylvania, Philadelphia, or New Jersey nursing homes. Your loved one should never be subject to nursing home negligence that results in injury or illness or especially wrongful death. Attorney Brian Murphy is experienced in taking to task negligent nursing homes in Pennsylvania, Philadelphia, and New Jersey. As a nursing home malpractice and wrongful death attorney, he holds Philadelphia/PA or NJ nursing homes accountable for all types of nursing home malpractice. If you need to contact a nursing home malpractice and wrongful death attorney, or need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.

The post Nurse Criminally Charged in Nursing Home Resident’s Respiratory Death appeared first on The Law Firm of Brian P. Murphy, PC.

Covid Continues to Kill Nursing Home Residents, yet the Majority Go without the Latest Shot

After Covid-19 ravaged American nursing homes in the height of the pandemic, getting vaccinations for the vulnerable elderly was a top priority. Now nursing home residents essentially have been left on their own.

Despite the high death toll in nursing homes from Covid-19, fewer than 4 in 10 residents have gotten the most recent Covid shot, says a POLITICO article.  Covid continues to kill nursing home residents, more than 170,000 nursing home residents have died- including nearly 600 residents during the first two weeks of 2024—and the low rate of new shots among residents has left nursing homes and the Biden administration pointing fingers at one another.

Due to factors such as age and underlying conditions, nursing home residents are especially vulnerable to Covid-19. Despite the consensus among experts that elderly people need an annual Covid shot, recent vaccinations among nursing home residents has dropped to 38 percent. Considering the federal rules requiring homes to offer vaccines, the question is whether or not the low vaccination numbers come as a result of negligence amounting to nursing home malpractice.

With the termination of the public health emergency last fall, the government shifted the responsibility for buying and managing the distribution of Covid shots to nursing homes. According to POLITICO, since late December of last year, Secretary of Health and Human Services Xavier Becerra has met twice with nursing home representatives to emphasize facilities’ responsibility to offer the latest shot to residents. Finding that some nursing homes show greater vaccine success than others—both North and South Dakota report over 60 percent nursing home resident vaccination, compared with just 20.1 percent of Arizona nursing home residents—the administration insists it’s possible for all nursing homes to do a better job.

Considering the vulnerability of residents and the deadliness and contagiousness of Covid-19, it is the responsibility of nursing homes to take every measure to safeguard their residents; neglecting to do so is nursing home malpractice. When nursing homes do not do their part in preventing nursing home infections and residents become seriously ill or die, nursing home malpractice has occurred and loved ones must look into a nursing home lawyer or wrongful death attorney.

In response to the administration’s insistence that facilities work harder to improve vaccine rates, nursing homes have countered that the government needs to act to address vaccine hesitancy. While Centers for Disease Control and Prevention Director Mandy Cohen said it was a top priority for the agency to address issues of vaccine access and hesitancy, POLITICO said others in the administration feel that vaccine promotion should come from manufacturers and nursing homes.

Your Advocate against Nursing Home Abuse, Neglect, and Wrongful Death

Attorney Brian P. Murphy is dedicated to protecting the safety and preserving the rights of Pennsylvania, Philadelphia, or New Jersey nursing home residents. Your loved one living in a nursing home should not fear that their home’s negligence will result in illness or wrongful death. Attorney Brian Murphy has years of experience fighting negligent nursing homes in Pennsylvania, Philadelphia, and New Jersey. As a seasoned nursing home malpractice and wrongful death attorney, he holds accountable the Philadelphia/PA or NJ nursing homes responsible for elder abuse, neglect, and other types of nursing home malpractice. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, or if you need guidance in choosing a nursing home, call Brian Murphy today to discuss your legal options.

The post As Covid Continues to Kill Nursing Home Residents, the Majority Go without the Latest Shot appeared first on The Law Firm of Brian P. Murphy, PC.

Iowa Nursing Home Cited by State for Resident’s Death from COVID: 

Upon investigating the suspected wrongful death of a male resident of Regency Care Center, state inspectors discovered numerous un-investigated nursing home malpractice complaints against the facility.

An Iowa nursing home has been cited by the state for causing the death of a resident with COVID, says an article on Iowa Capital Dispatch. As per the article, Iowa state inspectors say a male resident of the Regency Care Center in Norwalk, who was suffering from COVID-19, was not properly assessed by staff and later died from respiratory failure as a result of that negligence.

According to state inspectors’ reports, the man, who had just tested positive for COVID-19, was experiencing shortness of breath on Dec. 4 of 2022. Despite a worker’s report to a nurse that the man’s lungs rattled loudly and he “looked like death,” the nurse responded that the symptoms were typical of the illness and took no further action. The next day the resident was taken by ambulance to the emergency room, where he died hours later of a combination of chronic respiratory failure and viral sepsis resulting from COVID-19.

Inspectors reported that negligence on the part of Regency Care’s nursing staff amounted to nursing home malpractice to the extent of causing the wrongful death of the resident; furthermore, this circumstance of negligence and nursing home malpractice placed the other residents of the facility in immediate jeopardy. While performing their investigation of the resident’s death, state inspectors discovered several pending complaints against Regency Care, the large majority of them substantiated.

As was the case at Regency Care, nursing home wrongful deaths often occur when a nursing home fails to monitor the health or the safety of its residents. When a resident dies as the result of abuse, neglect, or other nursing home malpractice, family members ought to secure an experienced wrongful death attorney who can help file a wrongful death lawsuit.

Holding Nursing Homes Responsible for Negligence and Wrongful Death

Attorney Brian P. Murphy is an experienced nursing home malpractice and wrongful death lawyer dedicated to protecting the health, security, and well-being of Philadelphia/PA and NJ nursing home residents. Your loved one living in a Philadelphia/PA or NJ nursing home should trust that he or she can live without fear of being abused or neglected or subjected to any kind of nursing home malpractice; Brian Murphy takes an aggressive stance toward Pennsylvania, Philadelphia, or New Jersey nursing homes for acts of negligence or abuse, especially any incidents of nursing home malpractice that result in wrongful death. Attorney Brian Murphy is ready to discuss your legal options. If you or your loved one needs to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today.

The post Iowa Nursing Home Cited by State for Resident’s Death from COVID appeared first on The Law Firm of Brian P. Murphy, PC.

Tennessee Nursing Home Resident with Dementia Dies after drinking Laundry Detergent:

The wrongful death lawsuit brought against Prosperity Pointe, an assisted living and memory care facility in Knox County, claims negligence amounting to nursing home malpractice resulted in the resident’s death.

A nursing home malpractice and wrongful death lawsuit has been brought against a Tennessee nursing home after a resident with dementia drank laundry detergent and died, says a news article on wbir.com. According to the complaint filed against Knox County’s  Prosperity Pointe by the deceased’s family, negligence on the part of the assisted living and memory care facility created the circumstances under which Benny McDaniel died of poisoning from drinking laundry detergent.

According to the lawsuit, on March 19, McDaniel, who was diagnosed with both Alzheimer’s and dementia and resided on the memory care floor at Prosperity Pointe, gained access to the laundry room as the result of a broken door and drank laundry detergent. McDaniel died of poisoning on March 28. The complaint argues that since the facility was aware of the broken door, it thereby “created the dangerous condition” that enabled McDaniel to access the laundry detergent. This careless act of nursing home malpractice by Prosperity Pointe, says the lawsuit, demonstrated “intentional and reckless disregard for safety” and amounts to negligence according to Tennessee law.

The article referenced an American Association of Retired Persons (AARP) health article on dementia patients that outlines the risks laundry detergent, especially laundry pods that might resemble candy, poses to dementia patients. According to the AARP article, 75 percent of deaths associated with highly concentrated detergents are dementia patients.

Nursing homes are required by law to meet the care needs of each of its residents. This requirement includes providing safe conditions for residents, particularly those living with Alzheimer’s or dementia, who need specialized care and attention. Not meeting the care needs of residents or abusing their rights equates to nursing home malpractice; furthermore, if a nursing home resident with dementia suffers injuries as a result abuse or neglect, a nursing home malpractice claim may need to be filed against the nursing home or a member of its staff. In the event of a resident’s death resulting from nursing home malpractice, a wrongful death attorney should be contacted. If your loved one has dementia and you have concerns about his or her care and safety in the nursing home, contact a nursing home malpractice attorney immediately.

According to the WBIR article, a 2022 investigation of Prosperity Pointe turned up deficiencies related to vaccine documentation, missing signatures on reviews, incomplete or incorrect resident records, and hot water temperatures. The article went on to say that in 2020 the facility  was fined $10,000 after a hospice patient with dementia was found dead in his room with his head stuck between the bed rail and the mattress.

Advocating for Dementia Patients against Nursing Home Malpractice and Wrongful Death

Attorney Brian P. Murphy’s law practice is dedicated to holding Pennsylvania, Philadelphia, or New Jersey nursing homes accountable for acts of negligence, abuse, and other types of nursing home malpractice, including such acts against residents with some form of dementia. Your loved one living in a Philadelphia/PA or NJ nursing home should be secure in the knowledge that his or her rights will be upheld and that he or she can live free from the fear of abuse or neglect. As an experienced nursing home malpractice and wrongful death attorney, Brian Murphy is dedicated to protecting the health, security, and well-being of Philadelphia/PA and NJ nursing home residents. Should you find yourself needing to contact a nursing home malpractice and wrongful death attorney, call Brian Murphy today to discuss your legal options.

The post Tennessee Nursing Home Resident with Dementia Dies after drinking Laundry Detergent appeared first on The Law Firm of Brian P. Murphy, PC.