Family of disabled man sues Illinois nursing home over alleged neglect, abuse

From The Courier-News in Illinois:

The family of a 54-year-old man diagnosed with spina bifida has filed a lawsuit against a South Elgin nursing home, alleging neglect and abuse, according to Kane County Circuit Clerk's records.

Rodney L. Volkening required care at all times due to his spina bifida and other medical conditions. His family moved him into Tower Hill Healthcare Center, 759 Kane St., after nursing home officials assured them that Tower Hill "would provide a safe and comfortable home for Rodney," the suit states.

Volkening was taken to Sherman Hospital in Elgin on July 5, 2008, due to a high temperature, said the family's attorney, Craig Brown, of Foote, Meyers, Mielke and Flowers LLC in St. Charles.

Hospital staff filed a report of suspected abuse and neglect with the Illinois Department of Human Services "because he presented to the emergency room with poor oral hygiene and poor skin care," Brown said. Volkening had a "large amount of stool around (him) with a colostomy bag that had exploded and had severe decubitus ulcers" -- bedsores -- "that were covered by an old dressing covered by stool. He had a fever of 107 degrees with apparently no anti-fever medication being given to him at the nursing home prior to his arrival," the suit alleges.

Tower Hill administrator Jeremy Amster said the nursing home does not comment on pending litigation. He did add, "We will vigorously defend against any and all claims."

The lawsuit -- seeking in excess of $50,000 plus attorney's fees -- was filed by Linda Netz, Volkening's sister and the administrator of his estate. Volkening died on July 31, 2008.

The lawsuit does not allege that neglect led to his death, but "we are investigating whether the abuse and neglect was a cause of his eventual death," Brown said.

The death certificate listed a staph infection and pneumonia, he said. "The autopsy (and death certificate) would not indicate the cause of the infection. We are investigating whether the facility's lack of care led to the infection."

"At a minimum, there are clear violations" of the state Nursing Home Care Act, Brown said.

Under the act, Tower Hill has a "statutory obligation not to violate the rights of any resident, including the obligation not to abuse or neglect any resident," the lawsuit claims.

Neglect is defined as "a failure in a facility to provide adequate medical or personal care or maintenance, which failure results in physical or health injury to a resident or in the deterioration of a resident's physical or health condition," the suit states. Abuse "means any physical or health injury...inflicted on a resident other than by accidental means in a facility."

The lack of adequate medical care, personal care and maintenance led to his Volkening's injuries and physical deterioration, the suit alleges. Additionally, it accuses the nursing home of failing to properly assess his risk of developing bedsores and failed to take into account his medical history in developing a plan for reducing his risk of developing them. Nor did the staff discover in a timely manner that he had bedsores, it alleges.

A hearing on the suit is scheduled for May 22.