Thursday, February 4, 2010

Nursing Home Abuse – It’s Enough to Make You Weep

Imagine one of your relatives being so doped up in a nursing home they don’t know who you are when you visit. Look for other signs of nursing home abuse immediately.

When you make the decision to place a relative in a nursing home, you don’t do it just because you “can.” You do it because they need care you can’t provide. You trust the nursing home management and staff will treat your relative with the same care and dignity that you would. In many instances, you would be right; in others, you would be in for the shock of your life.

Consider the case of Betsy Penny(names have been changed to protect the victims), so doped with pain medications she didn’t need and that her family didn’t want give to her, that she could no longer recognize her sister or other family members that came to visit her. Penny herself barely recalls the ugly details of the nursing home she lived in for a year, but she does remember how frightened she was all the time.

When Penny entered the home in 2006 at the age of 73, she was able to walk and talk. Eleven months later her family took her out because by then she was strapped into a wheelchair and wasn’t aware of anything going on around her. Her family is positive she would be dead today if they had not removed her. It took Penny over four months to recover from the effects of all the unnecessary drugs she was given daily to make her compliant and complacent.

There were other signals that all was not well at the nursing home in which Penny lived. Residents were so heavily drugged their heads were planted in the middle of their meals and Penny’s room smelled strongly of urine. Respect and dignity were totally absent.

Penny recalls the time she broke her hip and instead of getting protective bracing for the bed, they told her to sleep on the floor. The final straw was when a nurse gave Penny an insulin dose that just about put her in a coma. Penny is and was not diabetic, and had no need to use or any reason to be given insulin. Her family had enough and took her home.

Not only had the family had it with the nursing home, they were angry that other seniors were being treated the same way Penny was handled. They filed a nursing home malpractice lawsuit, yet to be resolved, but they are determined to stick to their guns and put an end to nursing home abuse. This may be a tough case, as the owner of the nursing home at the time Penny was a resident there was charged with felony health care fraud.

It also looks like the new owners have a string of charges and fines totaling $900,000 filed against them for Medicare and Medicaid fraud – specifically failing to provide proper/adequate care for residents of “their” nursing homes. Kind of makes one wonder about how the residents will be treated by the new owners.

Let’s be perfectly clear about something here; nursing home abuse is “not” acceptable in any way, shape or form. It is ugly, destructive, treats valuable human beings like garbage and needs to stop – right now. If you have suspicions about a nursing home your relative may be in, have proof abuse is stalking the hallways of the home, call a dedicated and skilled nursing home abuse lawyer. These cases are critically important for more than one reason. They are about making a nursing home environment safer for seniors and about putting a stop to this violence and abuse for the next generation to follow; and that generation would be us.

Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.

Monday, February 1, 2010

That’s the Way the Cookie Crumbles

The very last place you would expect to find E. coli is in your refrigerator cookie dough. It’s happened, and now even cookie dough is a dangerous product.

When growing up, there was a whole lot of time spent in the kitchen gathered around the oven, waiting for those hot chocolate chip cookies to come out. Impatience defined that brief 15 minute period while the cookies spread with the heat and went golden brown. There was nothing better than homemade cookies.

Along comes the 21st century and time is in short supply, so short we have taken to cutting corners when it comes to baking at home. For example, Nestlé’s refrigerated cookie dough that lets anyone cut off cookie sized chunks, slap them on a cookie sheet and when the timer dings, they’re done. Nice and crumbly and delicious. That’s the way the cookie crumbles.

It’s no longer applicable with refrigerated cookie dough, since a lot of people are eating the dough rather than baking the cookies. While that might save time, it evidently may also cause them to be severely ill with E. coli 0157:H7. This strain of E. coli has some particularly nasty symptoms and has, over the last year, laid at least 72 people in 30 states flat out. What a world. We can’t even trust the cookie dough in the fridge. What’s worse is that Nestlé’s still hasn’t figured out “why” their dough is contaminated. Hardly a statement to instill consumer confidence.

Nestlé’s has cried “Mea culpa” and yanked its most recent batch of cookie dough out of circulation. Meaning, when they were doing routine testing at their main plant in early January 2010, they found two samples testing positive for E. coli. Dough produced before and after the contaminated cookie run was destroyed. Luckily, none of “that” batch was shipped. However, this recent move didn’t do much for the 72 folks who became deathly ill after eating “other” batches of tainted cookie dough. The company needs to be held accountable for their dangerous product and its affect on unsuspecting consumers.

While their proactive move in January to using heat-treated flour in their dough should make the product safer, the question is, what about the people who got sick earlier? Using the heat-treated flour will also mean a shortage of cookie dough on the market until March, when the new formulation hits the shelves.

So, why didn’t Nestlé’s do something about this earlier? Looks like the bottom line is that they had to reformulate their cookie recipes to make them still taste homemade and have the same cookie crumble texture. By all reports, they succeeded, and the new dough should be just dandy fine. The people who were violently ill will likely not be buying anymore refrigerated cookie dough; heat-treated flour or not. Consumers who have lived through wave after wave of dangerous product recalls, including Tylenol twice, are also jaded enough to revert to home cooking once more. It’s safer.

Right now, the company suggests that consumers don’t eat raw cookie dough and that they bake the cookies first. While the warning is welcome, it’s too late, and not everyone will be aware of the dangers even with the product warning. If you’ve eaten raw cookie dough and paid the price of becoming severely ill, or have a dangerous product horror story, you need to speak to a dangerous products lawyer who knows how to hold the culprits accountable. Find a people lawyer who will tell it like it is, not tell you what you want to hear.


Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.