February 20, 2009

Hospital Officials Jailed In California, Charged With Elder Abuse Via Psych Meds

I'm not making this up. Yesterday, California Attorney General Jerry Brown filed a criminal complaint against three officials at a Lake Isabella, California nursing home. From the Los Angeles Times:

"The state attorney general's office contended in a criminal complaint that more than 20 residents at a skilled nursing center run by the Kern Valley Healthcare District were drugged 'for staff convenience.' Many of them experienced side effects that included dramatic weight loss, slurred speech, tremors, loss of cognition and even psychosis, according to the complaint."

It's been a very long time since I've seen hospital officials charged with crimes. Expected to be arraigned later today are Hoshang M. Pormir, former medical director, former nursing director Gwen D. Hughes and former chief pharmacist Debbi C. Hayes. The three were arrested and jailed in Bakersfield on Wednesday. According to filings in the case, about two dozen patients were slammed with various psych meds, a few of them forcibly and without proper consent.

You can read the statement from AG Brown's office here. At the bottom, you'll find the felony complaint and its supporting declaration. Here's one ugly bit from the AG's declaration in support of the felony complaint (essentially a probable cause document):

"Opal Towery, who received Resperidol by intramuscular injection suffered harm. This medication stayed in her body for a month, and there was very good documentation by nurses of her adverse reactions, such as drooling, being noncognizant, being completely dependent of care, having severe tremors, and falling."

More:

"Lightner [a former nurse there] stated that KVHD was using psychotropic medications as chemical restraints such as Zyprexa, Depakote, Resperidol, and Seroquel, on many of their residents during the approximate time period of August 2006 through January 2007. The use of the psychotropic medications were ordered by former KVHD Director of Nurses (DON), Gwen D. Hughes.

"Lightner stated that Hughes ruled the nurses with an ‘iron fist’ at KVHD. Hughes did not tolerate any nonsense from the nursing staff or from any of the residences. Hughes created an extremely hostile working environment for the nurses by her stern management style. Hughes would order psychotropic medications for minor behavioral issues displayed by the residents. Many of the residents at KVHD suffered from Alzheimer’s or Dementia. Many of these residents were nonviolent, but moved around the hospital and were vocal. Due to their medical conditions, the nursing staff tolerated the residents moving around the hospital and talking among themselves. Most of the residents were innocent and not harmful to one another or to themselves. Hughes did not tolerate the behavior of residents who were vocal, loud, or being free to roam the hospital. She wanted to calm them. Hughes accomplished this by directing the KVHD Director of Pharmacy, Debbi Hayes, to write prescriptions for psychotropic medications to administer to these residents. This was done without a psychiatric or medical diagnosis performed by a psychiatrist or physician on the residents."

It gets worse, but one of the nurses tried to stand up for the patients:

"Shortly after Hughes became the DON in August 2006, she began ordering the residents to be put on these psychotropic medications. Lightner and the other nursing staff began to notice many dramatic changes in the behaviors of the KVHD residents. The residents were very lethargic, slept around the clock, some could not talk, some were not cognizant and were like complete “zombies.” Some of these residents became completely dependent for care, could not eat or drink, some became nonambulatory, and sat in geri chairs all day or were bedridden. Before the psychotropic medications were administered, most of these same residents, while at KVHD, were mobile in wheelchairs and were able to talk, eat, and drink, and bathe without assistance. Lightner believes that approximately over twenty residents were affected by the use of the psychotropic medications.

"Lightner began doing her own research on these psychotropic medications. Lightner
began informing the other nurses of what these medications were intended for and the risks they posed to the elderly. All of the nurses felt that it was wrong to administer these psychotropic medications to the residents and they voiced their disapproval to Hughes, Hayes, and Dr. Pormir. However, Dr. Pormir did not want to discuss the issue with the nurses.

"Hughes verbally threatened Lightner and all of the other LVNs and RNs that if they
refused to administer the psychotropic medications ordered to the patients, Hughes would report them to the State of California to have their nursing licenses taken away, and then they would be terminated by KVHD. All of the nurses were fearful of Hughes.

"Hughes ordered KVHD resident, Gayle Hamilton, be put on Depakote due to Hamilton
refusing to eat in the dining room. Hamilton had always eaten her meals in her bedroom prior to Hughes being hired. Depakote sprinkles were to be put into Hamilton’s food which was written on the doctor’s order. Lightner stated that this written order was in Hughes’ handwriting.

"KVHD resident, Opal Towery, threw her milk in the dining room, so she was injected
with Zyprexa by LVN Julie Aguirre. Aguirre told Lightner that Hughes had ordered her to inject the Zyprexa into resident Towery. Towery told Lightner that she did not know the injection was for Zyprexa, but was tricked to believe that the injection was for another drug, Ativan. Towery stated to Lightner that she had signed a consent form to be injected with Ativan, not Zyprexa."

Based upon that kind of evidence, it's no surprise that the three hospital officials face criminal charges and have been jailed.

Posted by Philip Dawdy at February 20, 2009 12:03 AM
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Comments

Peace be with you

It is interesting they "also face charges of assault with a deadly weapon." That says a more about anti-psychotics then the crime. "Deadly weapon" is the operative word here, assault or no assault.

love eternal
tad

Posted by: tad at February 20, 2009 09:17 AM

It's sad but this stuff goes on ALL THE TIME in nursing homes. If you've ever known a nurse who's worked in a nursing home for any decent amount of time (long enough to get to know the residents/patients and thier issues) then if you ask they will more than likely tell you there have been a few times that they have been ordered to overmedicate patients with inappropraite psych meds (like the atypicals which raise the likelyhod of death) due to "behavioral issues" that were simply due to dementia and alzhiemers, where the patient was non-violent and not that much of serious hassel (ie they could still do thier jobs and allow that person to move about) but they were ordered by lazy directors and med happy doctors to give the patient meds that made them into zombies.

They don't want to do it, and many are threatened in this way, ( loss of job, loss of license etc.) if they do not give those meds to the patients. They are after all "just" nurses and why would thier opinion be listened to... even though they are the ones spending time with these people and who know about thier behaviors and see every day the effects of the meds they are told to give the patients.

Maybe it doesn't go on everywhere, but it goes on more than it should and I've heard too many stories over the years from nurses. It hurts not only the patients, which of course are the ones who we must be most concerned with, but it hurts the nurses belief in the medical system as well. I could never work in that system myself and I have known a few that have quit nursing all-together because they didn't get out of the nursing homes in time. They tried for too long to help a certain group of people only to be met with threats if they didn't follow orders and kept complaining about how certain meds were having an observable negative effect on thier patient(s). As if it's not hard enough to care for the elderly who are dealing with dementia and other age related behavioral illnesses, you add on top of that being forced to give medications that the patients do not want, have not actually consented to and that make them into complete zombies. And then threats about loosing your job and license if you don't just shut up and do what you're told... it's got to be one of the hardest jobs in the world.

I hope at the better, less corrupt nursing homes the doctors and directors listen to thier nursing staff, who are the ones who spend the most time with the patients. I hope that I have just met in my life a disproportionate amount of these men and women who have been put in this totaly messed up position because if not, and if this is as common as it seems from my experience, something needs to be done to stop this practice.

There needs to be more support for nurses who are put in this position. I know there are laws protecting whistle blowers but there should be a campaing to let nurses know that there are protections for them so that they don't worry so much about thier job and license. Personaly I think for anyone who works in healthcare, if you become a whistle blower there should be a system that will keep you paid in full, not just unemployement, until you can find a new job after doing somthing like that. Because if there is ANYWHERE, any profession that people should be rewarded or at least taken care of (same pay as if they continued working) for letting the cat out of the bag about corruption and things being to thier "clients", the patients, it should be the healthcare field.

Posted by: katielou82 at February 20, 2009 12:44 PM

I used to get slammed with psych meds back when I was a homeless rodeo clown but not any more. Now I am a world class magician !

Posted by: FPM at February 20, 2009 12:56 PM

I agree with Katie that there ought to be greater protections - and widespread knowledge about such protections and the rights of employees in the healthcare field - to reduce such scare tactic behavior to keep nurses in line with such policies. The drugging of the patients coupled with the "you'll get your license revoked" intimidation indicates some idiots on some serious power trips. I'm not sure when the shift in healthcare providers happened, but it seems like we've had people more interested in efficiency and balance sheets than actually caring for people's health.

Posted by: Jordan at February 21, 2009 09:11 AM

Heartbreaking.

Posted by: Lisa at February 21, 2009 01:03 PM

This is going on all over the country.
The Seminole county court system has a crooked Judge and Judges that have this whole process rigged. Thay all know each other (Guardians,Lawyers and Judges ) they all party together. Then when one finds a victim they play the game of rackeetering to steal all the asets and put the victims out on the street or in camps. We no longer call it the Seminole court house but it is known as the whore house because of all the corruption going on.

Posted by: Mary Mieczynski at January 7, 2010 10:50 AM
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