There has been a disturbing development in the investigation into the death of H.R. McMaster, Sr., father of the former national security advisor to President Donald Trump, at Cathedral Village, a Philadelphia senior living care facility.

Death of McMaster, Sr. linked to nurse neglect

According to a report last week by 6abc Action News, a nurse has been charged with involuntary manslaughter, neglect, and falsifying documents following the death of the 84-year-old McMaster in April. Although originally ruled an accident, McMaster’s death from blunt impact head trauma was also considered to be suspicious, and an investigation was opened. According to Action News, investigators discovered that Christann Gainey, 30, an LPN contracted by Cathedral Village, failed to conduct proper check-ups on McMaster after he fell in the facility on April 12, and also falsified paperwork regarding McMaster’s care in the hours before his death. 6abc reported that authorities say Gainey “failed to provide the services necessary to preserve McMaster’s health when she failed to conduct the required tests.”

What we have here is a classic case of nursing home neglect that ultimately led to the wrongful death of an elderly patient. The only thing more shocking than the event itself is the fact that neglect of this nature, as well as the fabricated paperwork serving as a cover-up, happens with alarming frequency in nursing homes.

Many elderly residents are at risk of falling in senior care facilities due to any of a number of physical limitations or ailments.  According to Action News, McMaster had suffered a stroke prior to being admitted to Cathedral Village where, slated for rehabilitation, he was considered high risk for falling. Just three days later, McMaster was discovered on the floor of his room with open wounds on his right temple and right shoulder, presumably after suffering a fall. The article does not speculate why McMaster fell at this time; however, as a nursing home attorney, I have encountered several incidents of nursing home falls wherein the staff did not adequately assess at-risk residents or implement appropriate fall precautions. I have also seen several cases of insufficient staffing, which left high-risk residents without necessary supervision or assistance in moving, resulting in falls.

Whatever the reason behind the fall of a nursing home resident, a follow-up protocol exists for nursing staff. According to Action News, Cathedral Village requires regular neurological evaluations following such an event, and paperwork to that effect was indeed filed by Gainey, the charge nurse at the time of McMaster’s fall; however, according to surveillance video, the evaluations were not actually conducted, says 6abc, who also reported that Gainey allegedly admitted to falsifying an evaluation sheet that showed a check of McMaster long after the patient had been found dead because she “didn’t want the next nurse to have to do them.”

This is what I see as one of the fundamental issues behind nursing home neglect: the reduction of nursing home care to paperwork, which in effect is a dehumanization of the patient. When families seek a senior care facility for their loved ones, they count on the staff to first and foremost approach their residents with basic compassion for persons in need.

Action News quoted Attorney General Josh Shapiro as saying that in her negligence to provide treatment, “Gainey intentionally, knowingly, and recklessly caused serious bodily injury to Mr. McMaster.” Gainey faces up to 20 years in prison. If there is anything good to come from this high-profile tragedy, it is that the public can be made aware of nursing home abuse and neglect so that a death like McMaster’s can hopefully be prevented in the future.

If you think your loved one is suffering from nursing home abuse and neglect, please contact nursing home attorney Brian P. Murphy for a free consultation.

The post Death of McMaster, Sr. Linked to Nurse Neglect appeared first on The Law Firm of Brian P. Murphy, PC.

Cathedral Village
H.R. McMaster Death Philadelphia Care Facility

In April of 2018, CNN reported that the father of H.R. McMaster, former national security advisor to President Donald Trump, died of blunt impact head trauma at Cathedral Village, a continuing care retirement facility in Philadelphia, where H.R. McMaster Sr. was a resident. Although ruled an accident, McMaster Sr.’s death is being treated as suspicious.

Nursing Home Neglect

This shocking incident, while extraordinary due to the high-profile names involved, sadly is not unique. It is an unfortunate reality that elderly residents of nursing homes and other long-term care facilities suffer injuries and even death under the care of, or even at the hands of, caregivers. It is the worst nightmare of family members who entrust the care of their parents or beloved elderly relations to strangers: that their loved ones will be disrespected, neglected, or physically abused. That a parent could die accidentally of blunt impact head trauma is probably beyond comprehension for most people seeking elder care for their loved one.
After reviewing the Pennsylvania Department of Health’s online records of Cathedral Village, CNN reported that multiple citations against the facility were issued, among them a range of infractions involving staff and patient care, multiple failures to report allegations of elder abuse, a number of health citations, and occasions of failing to meet standards of patient care. Incidents of elder neglect or elder abuse are rarely isolated and are often symptomatic of ongoing circumstances within the facility at which incidents occur.

This is where the expertise of a nursing home abuse attorney is invaluable. In my experience representing elderly residents subjected to nursing home abuse and neglect in the Philadelphia, PA, area and New Jersey, I’ve seen time and again the physical and psychological signs in residents and the environmental symptoms of facilities that have come to typify nursing home neglect and abuse. Without exception, problems stem from staffing issues: either a facility is understaffed, resulting in overworked and overburdened caregivers, or the facility is staffed by unqualified or indifferent employees. In either case, frustrated, angry, or uncaring staff cannot and should not be coming in contact with elderly persons deserving of quality nursing home care.

I’m certain the national attention given to this tragedy involving Mr. McMaster Sr. will cause many people in this country who have placed an elderly loved one in a nursing home or retirement facility to take a closer look at the care their beloved family member is receiving. It is my hope that anyone suspecting abuse or neglect will contact an attorney. The early intervention by an experienced attorney is key in preserving your elderly family member from neglect, from abuse, and from wrongful death.

If your loved one is in a home or facility in the Philadelphia, PA, area or in New Jersey, and you suspect neglect or abuse, please contact Nursing Home Abuse Attorney Brian P. Murphy for a free, one-on-one consultation.

The post H.R. McMaster Death Philadelphia appeared first on The Law Firm of Brian P. Murphy, PC.

According to a CNN analysis of Nuedexta prescription by doctors for nursing home residents, thousands of doctors (approximately half) received some sort of perk, either in the form of monetary payment or other compensation by the pharmaceutical company to promote Nuedexta use in nursing homes.

Nursing home residents are being prescribed a powerful drug that might not be necessary and could even be harmful.  Made by Avanir (parent company Otsuka), Nuedexta use in nursing homes has increased by 400% in recent years.  Nuedexta is a drug intended for an extremely rare condition called PBA, which impacts approximately five percent of the nursing home resident population.

Nursing home caretakers have determined that Nuedexta controls residents’ “mood disturbances” and reduces episodes of yelling out; consequently, some nursing homes and affiliated doctors have come up with ways to justify the drug’s prescription, even though the residents do not have PBA.  In some cases, doctors are “diagnosing” residents with PBA, so that the prescription for Nuedexta will not be questioned.

Medicare Part D prescription drug funding is responsible for payments related to Nuedexta use in nursing homes; however, the funds are only disbursed if there is a diagnosis of PBA. According to the most recent data, Medicare spent over $137 billion on Nuedexta.

“Nearly half the Nuedexta claims filed with Medicare came from doctors who had
received payments or meals from the drugmaker.”

Presently, there are no FDA-approved, dementia-related agitation drugs.  In the past, other drugmakers, such as a case against Abbott Laboratories in 2012, have been penalized for marketing drugs to control nursing home residents’ behavior, including but not limited to:

• Emotional and physical outbursts
• Restless behavior
• Dementia-and Alzheimers-related agitation

Dangers of Nuedexta Use in Nursing Homes

The Benefits of Increased Staffing

Many caretakers in the study believe that increased staffing in nursing homes would reduce the need for additional medication given to residents who suffer from these emotional/psychological behavioral issues. Understaffing is already a problem among nursing homes and has been shown to increase neglect, falls, and potentially death. Furthermore, Nuedexta does not come at a low cost.  The drug’s price tag approaches $10,000 per year, increasing the already-strained financial burden most patients experience.

Contact Nursing Home Attorney Brian Murphy

If you believe your loved one has been unjustly placed on Nuedexta, is suffering from abuse and/or neglect in a Pennsylvania or New Jersey nursing home or assisted living facility, has developed unexplained bed sores, or is not being properly cared for, please contact Brian Murphy for a consultation.  All matters are handled on a contingency fee basis.

The post Nuedexta Use in Nursing Homes appeared first on The Law Firm of Brian P. Murphy, PC.

The Sad Reality: Retribution from Nursing Homes

When your loved one is in a nursing home or assisted living facility, they are at the hands of the caretakers on duty. If the caretakers are understaffed, stressed, or having a bad day, your loved one might observe or suffer from a different type of care: negligence, abuse, or just plain oversight.

Retribution from nursing homes can occur when caretakers or those in charge demonstrate their dissatisfaction that you reported them, questioned unacceptable care, or took other measures to retaliate against your loved one as a result of you standing up for your rights and those of the person under their care.

Whistleblowers have been fired for reporting nursing home retribution. Older people are fearful of retribution when reporting sub-par conditions and making complaints. Dare the nurses speak out or fear they will lose their jobs. Families fear that their loved one will suffer victimization. Many people who do lodge complaints assert that nothing ever changes. They make all kinds of promises, but the problems continue, unchanged.

When residents speak out themselves, they are accused of having dementia and their complaints are minimized. Adding cameras to nursing homes can help in creating solid evidence of the abuse that exists and the sub-par conditions.

According to Aged Care Crisis.com, there are numerous cases where family members will take this on themselves, start an online petition, and bring their concerns to management. It was only after they installed video surveillance in their loved one’s private room that the hard evidence of their father being abused was captured. “Fear of victimization has been a recurring theme, and it has never been addressed.”

Contact Brian Murphy Today

If you suspect retribution from the nursing home or assisted living facility or need assistance in other abuse and neglect matters, please contact Brian Murphy immediately.

The post Retribution from Nursing Homes appeared first on The Law Firm of Brian P. Murphy, PC.

Brian Murphy Starts Solo Law Practice: The Law Firm of Brian P. Murphy

Effective 10-01-15, The Law Firm of Brian P. Murphy, PC, is formed, with Mr. Murphy as founding principal. Brian brings over a decade of experience to this law practice, providing exemplary legal representation to those suffering from abuse and neglect in long-term care facilities throughout Pennsylvania and New Jersey.

Located in Bucks County, PA, The Law Firm of Brian P. Murphy, PC, deals with personal injury matters for local and statewide residents, as well as those whose legal issues originated in PA and/or NJ.

The Law Firm of Brian P. Murphy, PC handles cases including but not limited to the following areas:

• Bed sores
• Elder Abuse
• Negligence
• Injuries
• Falls
• Malnutrition
• Dehydration
• Wandering & Elopement
• and more

The New Firm

Mr. Murphy chose to open his own law practice so that he could ensure all clients were treated with the attention they deserve. He is personally involved in every legal matter he accepts.  Beginning with a free consultation, Brian will carefully and patiently listen to the details of the events surrounding your potential claim.  If he feels you have a case, he will pursue the matter further.

Brian is a tough negotiator and has a reputation for fighting until he’s satisfied that his clients have been justly compensated. His experience dealing with opposing counsel and local judges enables him to effectively go after the appropriate parties and yield the most beneficial settlements, going to trial when needed.

Nursing Home Abuse, Neglect, and Wrongful Death Cases

Attorney Brian Murphy handles a wide range of nursing home abuse, neglect, and wrongful death cases. Licensed in the states of both Pennsylvania and New Jersey, Mr. Murphy has access to the Philadelphia courts as well as Mercer County (Trenton), Newark, and the surrounding areas. Brian takes his intense negotiating skills and couples it with his heartfelt desire to get the most justice for your loved one to bring his clients unparalleled representation.  Please contact Nursing Home Abuse Attorney Brian Murphy for a free consultation.

The post The Law Firm of Brian P. Murphy appeared first on The Law Firm of Brian P. Murphy, PC.