Two Admins at a Veterans Home Criminally Charged For Mishandling Deadly COVID-19 Outbreak

George Indest Headshot

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

On September 25, 2020, two administrators at a Massachusetts veterans home were criminally charged with negligence for their role in a COVID-19 outbreak that killed 76 veterans. Attorney General (AG) Maura Healey reportedly stated that the criminal case involving Soldiers’ Home in Holyoke (SHH) is the first in the country against nursing home operators related to the pandemic.

Mishandling of the Coronavirus Outbreak.

The superintendent and the facility’s former medical director were indicted by a grand jury and charged with recklessly permitting bodily injury or abuse to the residents. The charges stem from their decision to combine two dementia units in March of 2020. They are accused of packing residents who were positive for the coronavirus into the same space as those with no symptoms. According to the AG, the decision contributed to the death of at least 76 residents at the facility.

The Investigation.

The AG’s Office began investigating in early April 2020 after learning of serious issues with COVID-19 infection control procedures at SHH. The investigation found that staffing shortages led to the decision to consolidate the two dementia units, totaling 42 residents. It resulted in confirmed COVID-19-positive residents being placed within feet of other veterans at the facility. The AG’s Office alleges that this decision was reckless from an infection control perspective and put the asymptomatic veterans at an increased risk of contracting COVID-19 from the positive ones.

Since March 1, 2020, 76 veterans who contracted the coronavirus at SHH have died, officials said. Click here to read the Attorney General’s press release on the case.

To read about a similar case against a Florida nursing home, click here.

Contact a Health Law Attorney Experienced in the Representation of Veterans Administration (VA) Physician Representation and Military Physician Representation.

The attorneys of The Health Law Firm have represented nursing home administrators, health care executives, nurses, nurse practitioners, assisted living facilities, skilled nursing facilities, and health professionals working for the Veterans Administration (VA) throughout the United States. Representation has included personnel and employment issues, disciplinary action, investigations, peer review investigations, clinical privileges actions, fair hearings, National Practitioner Data Bank (NPDB) actions, and appeals.

To contact The Health Law Firm, please call (407) 331-6620 or (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Durkin, Alanna. “2 Charged Over Handling of Virus Outbreak at Veterans Home.” Associated Press. (September 25, 2020). Web.

Dowling, Bryan. “Mass. Vet Home Leaders Charged Over Deadly Virus Outbreak.” Law360. (September 25, 2020). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2020 The Health Law Firm. All rights reserved.

 

Two Administrators Charged With Negligence For Deadly COVID-19 Outbreak at Veterans Home

George Indest Headshot

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified in Health Law

On September 25, 2020, two administrators at a Massachusetts veterans home were criminally charged with negligence for their role in a COVID-19 outbreak that killed 76 veterans. Attorney General (AG) Maura Healey reportedly stated that the criminal case involving Soldiers’ Home in Holyoke (SHH) is the first in the country against nursing home operators related to the pandemic.

Mishandling of the Coronavirus Outbreak.

The superintendent and the facility’s former medical director were indicted by a grand jury and charged with recklessly permitting bodily injury or abuse to the residents. The charges stem from their decision to combine two dementia units in March of 2020. They are accused of packing residents who were positive for the coronavirus into the same space as those with no symptoms. According to the AG, the decision contributed to the death of at least 76 residents at the facility.

The Investigation.

The AG’s Office began investigating in early April 2020 after learning of serious issues with COVID-19 infection control procedures at SHH. The investigation found that staffing shortages led to the decision to consolidate the two dementia units, totaling 42 residents. It resulted in confirmed COVID-19-positive residents being placed within feet of other veterans at the facility. The AG’s Office alleges that this decision was reckless from an infection control perspective and put the asymptomatic veterans at an increased risk of contracting COVID-19 from the positive ones.

Since March 1, 2020, 76 veterans who contracted the coronavirus at SHH have died, officials said. Click here to read the Attorney General’s press release on the case.

To read about a similar case against a Florida nursing home, click here.

Contact a Health Law Attorney Experienced in the Representation of Veterans Administration (VA) Physician Representation and Military Physician Representation.

The attorneys of The Health Law Firm have represented nursing home administrators, health care executives, nurses, nurse practitioners, assisted living facilities, skilled nursing facilities, and health professionals working for the Veterans Administration (VA) throughout the United States. Representation has included personnel and employment issues, disciplinary action, investigations, peer review investigations, clinical privileges actions, fair hearings, National Practitioner Data Bank (NPDB) actions, and appeals.

To contact The Health Law Firm, please call (407) 331-6620 or (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Durkin, Alanna. “2 Charged Over Handling of Virus Outbreak at Veterans Home.” Associated Press. (September 25, 2020). Web.

Dowling, Bryan. “Mass. Vet Home Leaders Charged Over Deadly Virus Outbreak.” Law360. (September 25, 2020). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2020 The Health Law Firm. All rights reserved.

 

Two Criminally Charged For Mishandling Deadly COVID-19 Outbreak at Veterans Home

By Carole C. Schriefer, J.D.

On September 25, 2020, two administrators at a Massachusetts veterans home were criminally charged with negligence for their role in a COVID-19 outbreak that killed 76 veterans. Attorney General (AG) Maura Healey reportedly stated that the criminal case involving Soldiers’ Home in Holyoke (SHH) is the first in the country against nursing home operators related to the pandemic.


Did They Mishandle the Deadly Coronavirus Outbreak?

The superintendent and the facility’s former medical director were indicted by a grand jury and charged with recklessly permitting bodily injury or abuse to the residents. The charges stem from their decision to combine two dementia units in March of 2020. They are accused of packing residents who were positive for the coronavirus into the same space as those with no symptoms. According to the AG, the decision contributed to the death of at least 76 residents at the facility.

AG’s Investigation.

The AG’s Office began investigating early April 2020 after learning of serious issues with COVID-19 infection control procedures at SHH. The investigation found that staffing shortages led to the decision to consolidate the two dementia units, totaling 42 residents. It resulted in confirmed COVID-19-positive residents being placed within feet of other veterans at the facility. The AG’s Office alleges that this decision was reckless from an infection control perspective and put the asymptomatic veterans at an increased risk of contracting COVID-19 from the positive ones.

Since March 1, 2020, 76 veterans who contracted the coronavirus at SHH have died, officials said. Click here to read the Attorney General’s press release on the case.

To read about a similar case against a Florida nursing home, click here.

Contact a Health Law Attorney Experienced in the Representation of Veterans Administration (VA) Physician Representation and Military Physician Representation.

The Health Law Firm attorneys have represented nursing home administrators, health care executives, nurses, nurse practitioners, assisted living facilities, skilled nursing facilities, and health professionals working for the Veterans Administration (VA) throughout the United States. Representation has included personnel and employment issues, disciplinary action, investigations, peer review investigations, clinical privileges actions, fair hearings, National Practitioner Data Bank (NPDB) actions, and appeals.

To contact The Health Law Firm, please call (407) 331-6620 or (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Sources:

Durkin, Alanna. “2 Charged Over Handling of Virus Outbreak at Veterans Home.” Associated Press. (September 25, 2020). Web.

Dowling, Bryan. “Mass. Vet Home Leaders Charged Over Deadly Virus Outbreak.” Law360. (September 25, 2020). Web.

About the Author: Carole C. Schriefer is an attorney and former registered nurse. She practices with The Health Law Firm, which has a national practice. Its regional office is in the Northern Colorado area.  The Health Law Firm, 155 East Boardwalk Drive, Fort Collins, Colorado 80525. Phone: (970) 416-7456 or Toll-Free: (888) 331-6620. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2020 The Health Law Firm. All rights reserved.

 

 

Pennsylvania Nursing Home Settles Wrongful Death Suit, Agrees to Pay $800,000

Attorney George F. Indest III Headshot By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On December 21, 2017, the Devereux Foundation in Philadelphia, agreed to pay $800,000 to end a wrongful death suit against staff at The Devereux Pocono Center. The suit accused staff at the organization’s residential behavioral health facility in northeast Pennsylvania of failing to recognize symptoms of an infection in a developmentally disabled resident.

Details of the Wrongful Death Suit.

The family of Megan Ramsey, who died in the care of the Devereux Pocono Center in July 2014, asked a Pennsylvania federal judge to sign off on the settlement to end allegations that staff failed to detect symptoms of a perforated bowel and infection. According to court records, the patient had suffered from a rare genetic disorder known as Cornelia de Lange syndrome. Her symptoms included slow growth, small stature, gastroesophageal reflux disease, and issues with behavior and communication.

In July 2014, Ramsey complained of shoulder pain, a symptom of bowel perforation, according to the complaint. She was administered a pain reliever and observed to be uncharacteristically irritable and aggressive and was treated with doses of an anti-anxiety medication, the suit said. Ramsey asked staff members to be taken to the hospital. A residential manager at the facility, however, said only to monitor her closely, offer her fluids, and advise nursing staff of any worsening of her symptoms.

She was found dead the next morning.

The Settlement.

The patient’s family filed a pretrial memorandum in September 2017, in which investigations by state agencies resulted in findings of neglect, intentional or reckless failure to provide treatment, and intentional use of a chemical restraint or isolation.

The settlement of $800,000 includes fees for the plaintiff’s counsel of just under $267,000, the filing said. Click here to read the settlement in full.

To read one of my prior blogs about a similar case involving 14 deaths at a Florida nursing home, click here.

Contact Health Law Attorneys Experienced with Nursing Home Cases.

The Health Law Firm and its attorneys represent nursing homes, nursing home employees, mental health facilities and mental health professionals, including psychologists, social workers and mental health counselors, in a number of different matters including incorporation, preparing contracts, defending the facility against malpractice claims, licensing and regulatory matters, administrative hearings, and routine legal advice.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources:

Fair, Matt. “Pa. Nursing Home Settles Patient Death Suit.” Law360. (December 21, 2017). Web.

The Meyer Law Firm. “Wrongful Death in Nursing Homes.” NursingHomeAbuseGuide.org. (December 22, 2017). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

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“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2018 The Health Law Firm. All rights reserved.

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