Latest news with #CareInitiatives
Yahoo
13 hours ago
- Health
- Yahoo
Nursing home operator denies retaliating against alleged whistleblowing nurse
The corporate headquarters for Care Initiatives in West Des Moines, Iowa. (Photo via Google Earth) One of Iowa's largest nursing home chains is denying allegations that it fired a nurse in retaliation for her quality-of-care complaints to state regulators. The chain, Care Initiatives of West Des Moines, is currently facing three separate whistleblower lawsuits stemming from unrelated incidents. The company operates 44 care facilities in Iowa. In the most recent case, Tina Weber of Clemens states that from May 2021 through October 2024, she worked as a registered nurse at an unspecified Care Initiatives facility in Marshall County. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Weber claims that on Oct. 5, 2024, she witnessed an incident involving a resident with schizophrenia, using a wheelchair, and a human resources worker. According to the lawsuit, the two were engaged in an argument and when the resident attempted to leave in his wheelchair, the human resources worker grabbed the handles of the wheelchair, causing the resident to fall out of the wheelchair to the ground. Weber reported the incident to the assistant director of nursing and recorded the incident in the resident's chart. The next day, Weber alleges, the home's director of nursing texted Weber, writing, 'Could you strike out original note and when putting in about the wheelchair say she was assisting with the wheelchair and he put himself on the ground as she tried to de-escalate him and explain that he was not allow to smoke and the policy?' Weber allegedly responded, 'So not the truth?' On Oct. 11, 2024, an administrator allegedly asked Weber to change her account of the incident in the resident's chart. Weber refused. Later that day, the lawsuit alleges, a corporate employee of Care Initiatives instructed Weber to change the resident's chart so it didn't indicate the resident's fall was the result of an altercation with the staff. Weber again refused and, the lawsuit claims, she then reported the incident to state regulators who forwarded it to the Iowa Department of Inspections, Appeals and Licensing, which oversees nursing homes. Five days later, a state inspector visited the nursing home to investigate the matter, the lawsuit alleges. The next day, the lawsuit alleges, Care Initiatives fired Weber. The lawsuit claims the company fired Weber due to her reports and complaints regarding the health, safety, and well-being of one of its residents. The lawsuit seeks unspecified actual and punitive damages for Weber's firing. In its response to the lawsuit, Care Initiatives says it 'did not terminate or take any adverse action at any time against (Weber) for participation in any alleged protected activity, including her alleged reports/complaints-both internally and externally.' The company says that it acted in good faith, without malice or disregard of Weber's rights. A trial is scheduled for June 9, 2026. Care Initiatives is currently the target of two other lawsuits alleging a form of whistleblower retaliation. In one of those cases, Tylene Schultz states that in the summer of 2022, she was hired at Fonda Specialty Care by its then-administrator, Jennifer Blair, to work in the home as a certified nursing assistant. On Feb. 18, 2023, the home allegedly scheduled a temp-agency nurse, Becky Manning, to work the overnight shift due to a shortage of staff nurses. During the shift, a resident with a tracheostomy passed away about 2:25 a.m., according to the lawsuit. State records indicate the resident who died was 87-year-old Marvin 'Pete' Jacobs, who had undergone a tracheostomy and needed regular suctioning of his airway. The lawsuit claims Jacobs died because throughout the shift, Manning refused to numerous requests to suction Jacobs' airway. 'Despite multiple requests by Schultz to suction the resident — over 10 times, from 6 p.m. on Feb.18, 2023, to 2:25 a.m., Feb.19, 2023 — Manning would not suction the resident, nor did she attempt to use the suction machine,' the lawsuit claims. According to the lawsuit, after Schultz left the home at the end of her shift, she received multiple text messages from Blair that said, 'Keep your mouth shut and keep your opinions to yourself,' along with instructions that she should not communicate with Jacobs' family. Later that day, Schultz was summoned to a meeting with Blair at Fonda Specialty Care. During the meeting, the lawsuit claims, Blair — who was allegedly was aware Schultz planned to call state regulators and report her concerns with Jacobs' care — informed Schultz she was being fired due to 'resident complaints.' Manning was charged with felony wanton neglect of a resident of a health care facility and later was sentenced to two years in prison on a reduced charge of misdemeanor wanton neglect. Manning also entered into an agreement with the Iowa Board of Nursing in which she agreed to indefinitely suspend her practice of nursing. Schultz's lawsuit seeks unspecified damages for wrongful termination. Care Initiatives has denied any wrongdoing and alleges that Schultz's dismissal was based on legitimate, nondiscriminatory, and nonretaliatory business reasons. A trial is scheduled for Aug. 4, 2026. The third current whistleblower case against Care Initiatives involves Kandus Jellison, who worked at the company's Oakwood Specialty Care in Albia. Jellison has alleged she was fired in June 2022 after she intervened on behalf of a resident who was refused hospital care and then helped the man call 911. Jellison sued Care Initiatives in part for allegedly violating the Iowa law that bars employers from taking action against workers for reporting dependent adult abuse or assisting with an abuse-related complaint or investigation. Care Initiatives has argued that while it's a crime for a company to retaliate against workers who assist with abuse investigations, the Iowa Legislature didn't intend for workers to use such a violation as the basis for a civil lawsuit. A judge agreed and dismissed one element of the lawsuit, but let the remainder of the case proceed. Care Initiatives has denied any wrongdoing in the matter, and a trial is scheduled for March 30, 2026. A fourth whistleblower case against Care Initiatives was settled several months ago. In that case, Stephanie Schlegelmilch sued the company, alleging that while working as the director of nursing for the chain's Avoca Specialty Care, she was terminated in violation of public policy. Schlegelmilch alleged she was fired shortly after she confronted a regional nurse for Care Initiatives and questioned why she wasn't wearing a mask during a COVID-19 outbreak in the home. Care Initiatives denied any wrongdoing in the case, and the case was dismissed in December 2024 after an out-of-court settlement was reached. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
30-04-2025
- Health
- Yahoo
Nursing home worker says she was told ‘keep your mouth shut' about man's death
Marvin 'Pete' Jacobs died Feb. 19, 2023, at the Fonda Care Center in northwest Iowa. According to state inspectors, he died after the care facility staff failed to suction his airway. (Facility photo via Google Earth; inset photo courtesy of the Jacobs family) An alleged whistleblower who says she was fired from a nursing home after being instructed to 'keep your mouth shut' about a resident's death is suing her former employer. Tylene Schultz is suing the Fonda Specialty Care nursing home, its parent company, Care Initiatives, and licensed practical nurse Becky Manning in Pocahontas County District Court. In her lawsuit, Schultz claims that in the summer of 2022, she was hired at Fonda Specialty Care by its then-administrator, Jennifer Blair, to work in the home as a certified nursing assistant. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX On Feb. 18, 2023, the home allegedly scheduled a temp-agency nurse, Manning, to work the overnight shift due to a shortage of staff nurses. During the shift, a resident with a tracheostomy passed away about 2:25 a.m., the lawsuit claims. State records indicate the resident who died was 87-year-old Marvin 'Pete' Jacobs, who had undergone a tracheostomy and needed regular suctioning of his airway. The lawsuit claims Jacobs died because throughout the shift, Manning refused to numerous requests to suction Jacobs' airway. 'Despite multiple requests by Schultz to suction the resident — over 10 times, from 6 p.m. on Feb.18, 2023, to 2:25 a.m., Feb.19, 2023 — Manning would not suction the resident, nor did she attempt to use the suction machine,' the lawsuit claims. Schultz alleges she tried to call 'supervisory level staff' who worked for the home, but none of the individuals answered the calls. She also alleges she asked that someone call 911, but Manning told her no physician was available at that hour to provide an order for a hospital evaluation. In her lawsuit, Schultz alleges she and another CNA remained with Jacobs as he 'pointed to his neck, coughed, gagged, struggled to breathe, and turned colors from the lack of oxygen, until he finally passed away. From Schultz's direct observation of the resident, his death was agonizing and painful.' Schultz alleges she and a fellow CNA were so traumatized by the death they had to excuse themselves from the facility and were standing outside the building in an 'emotionally hysterical' state. The other CNA was 'physically ill, to the point of vomiting,' when an ambulance crew arrived to confirm Jacobs' death. According to the lawsuit, after Schultz left the home at the end of her shift, she received multiple text messages from Blair that said, 'Keep your mouth shut and keep your opinions to yourself,' along with instructions that she should not communicate with Jacobs' family. Later that day, Schultz was summoned to a meeting with Blair at Fonda Specialty Care. During the meeting, the lawsuit claims, Blair — who was allegedly was aware Schultz planned to call state regulators and report her concerns with Jacobs' care — informed Schultz she was being fired due to 'resident complaints.' The lawsuit claims Blair also stated that Schultz had violated patient privacy provisions of the federal Health Insurance Portability and Accountability Act by calling a co-worker at home and asking for their assistance with Jacobs' situation. Schultz alleges she reported her concerns with Manning's 'actions and inactions' to both the Iowa Long-Term Care Ombudsman's Office and the Iowa Department of Inspections, Appeals and Licensing. DIAL subsequently cited Fonda Specialty Care for 'failing to ensure that a resident who needs respiratory care, including tracheostomy care and tracheal suctioning, is provided such care,' and fined the home $10,000. The penalty was then reduced 35%, to $6,500, due to the lack of an appeal in the case. Manning was criminally charged with felony wanton neglect of a resident of a health care facility and later pleaded guilty to misdemeanor wanton neglect. Last year, Manning entered into an agreement with the Iowa Board of Nursing in which she agreed to indefinitely suspend her practice of nursing. In her lawsuit, Schultz alleges she was 'fired for making a complaint to the ombudsman and the Iowa Department of Inspection of Appeals due to the suspected abuse and/or neglect of the resident … and not based on any resident complaints.' The lawsuit seeks unspecified damages for wrongful termination. Care Initiatives has denied any wrongdoing and alleges that Schultz's dismissal was based on legitimate, non-discriminatory, and non-retaliatory business reasons. Some of the allegations in the lawsuit parallel the findings of state inspectors whose public reports describe the events leading up to Jacobs' death. According to the inspectors, an aide reported that Jacobs was sitting in his recliner when another worker noticed he appeared to be 'in trouble' and instructed her to get a nurse right away. Jacobs was pointing at his neck, gasping for air, and mouthing that he could not breathe, the aide told inspectors. The aide said she left the room to get the nurse and was absent for a few minutes. The worker who remained in the room later told inspectors Jacobs grew 'really pale' and was gasping, so she, too, left the room and approached a nurse and said, 'Would you please suction him? He needs to be suctioned.' When the nurse entered the room, Jacobs was pale, but soon turned purple and then blue, the aide later reported. The nurse took his vital signs and told the aide Jacobs was having a heart attack. The aide explained to the nurse that Jacobs had been signaling he couldn't breathe, at which point the nurse said, 'Just a minute,' and left the room. The suctioning machine used to clear Jacobs' airway sat idle on a nearby dresser, inspectors reported. The nurse, later identified as Manning, told inspectors the 'staff wanted me to suction him (and) I told the staff no. I was told that I would not have to do anything with the tracheostomy.' Manning allegedly told inspectors she first left the room to get supplies so she could check Jacobs' blood pressure, pulse and oxygen levels and that when she returned, he was clammy and had an irregular pulse. 'I told the staff that I needed to go back to the nurses' station and find out if the resident was a full code or DNR,' Manning reportedly told inspectors, referring to do-not-resuscitate orders that some residents have in place. The inspectors allege that Manning told them that while she was checking on DNR order, one of the aides approached her and said she was needed right away in Jacobs' room. 'I went back into his room and he had no blood pressure, no pulse, and no respirations. I pronounced him deceased,' she allegedly told inspectors. She reportedly acknowledged her fellow workers had each told her Jacobs needed his airway suctioned and that he had been pointing to his neck and mouthing that he couldn't breathe. According to the inspectors, Manning said that despite her colleagues' comments, it never occurred to her to suction Jacobs' airway. Jacobs' death is the focus of a separate lawsuit filed by his family against Fonda Specialty Care, Care Initiatives, Manning and the nursing home's then-assistant director of nursing, Amanda Meyer. According to the family's lawsuit, when Manning arrived for work at the home on the afternoon of Feb. 18, 2023, she became aware Jacobs had a tracheostomy that would require suctioning at some point during the night and allegedly told Meyer and others she was unwilling or incapable of performing the work. Meyer allegedly told Manning to 'watch a video and figure it out' and left the facility for the day, the lawsuit claims. After the death, the family's lawsuit claims, Manning falsely informed Jacobs' son, Scott, that his father 'went quickly and peacefully.' Scott Jacobs only learned of what actually transpired after being contacted by an Iowa Capital Dispatch reporter, the lawsuit claims. The lawsuit alleges that after speaking to the reporter, Scott Jacobs called Jennifer Blair of Care Initiatives 'to confront her about the (state's) investigation and true facts of Pete Jacobs' death.' According to the lawsuit, Blair 'admitted to withholding information' from the family and not informing them of the state's investigation and its findings. Technically, the family's lawsuit remains active, but all activity in the case has been stayed due to a judge's finding that when Marvin Jacobs was admitted to the home, his son reviewed for 34 seconds an agreement that requires disputes over resident care to be settled through arbitration rather than the courts and then signed the document. 'The admittedly brief time he spent going over and eventually signing the arbitration agreement does not affect its validity or enforceability,' District Court Judge Michael D. Huppert ruled. Last week, the Iowa Supreme Court declined to review Huppert's ruling. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
21-02-2025
- Health
- Yahoo
Iowa nursing home chain faces third whistleblower-retaliation lawsuit
The corporate headquarters for Care Initiatives in West Des Moines, Iowa. (Photo via Google Earth) One of Iowa's largest nursing home chains is facing a lawsuit filed by a former nurse alleging a form of whistleblower retaliation. It is the third such lawsuit that Care Initiatives of West Des Moines has faced in the past year. The company operates 44 care facilities in Iowa. In the most recent case, Tina Weber of Clemens alleges that from May 2021 through October 2024, she worked as a registered nurse at an unspecified Care Initiatives facility in Marshall County. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The lawsuit alleges that on Oct. 5, 2024, Weber witnessed an incident involving a resident in a wheelchair with schizophrenia and a human resources worker. According to the lawsuit, the two were engaged in an argument and when the schizophrenic resident attempted to leave in his wheelchair, the human resources worker grabbed the handles of the wheelchair, causing the resident to fall out of the wheelchair to the ground. Weber reported the incident to the assistant director of nursing and recorded the incident in the resident's chart. The next day, Weber alleges, the home's director of nursing texted Weber, writing, 'Could you strike out original note and when putting in about the wheelchair say she was assisting with the wheelchair and he put himself on the ground as she tried to de-escalate him and explain that he was not allow to smoke and the policy?' Weber allegedly responded, 'So not the truth?' On Oct. 11, 2024, an administrator allegedly asked Weber to change her account of the incident in the resident's chart. Weber refused. Later that same day, the lawsuit alleges, a corporate employee of Care Initiatives instructed Weber to change the resident's chart so it didn't indicate the resident's fall was the result of an altercation with the staff. Weber again refused and, the lawsuit claims, she then reported the incident to state regulators who forwarded it to the Iowa Department of Inspections, Appeals and Licensing, which oversees nursing homes. Five days later, a state inspector visited the nursing home to investigate the matter, the lawsuit alleges. The next day, the lawsuit alleges, Care Initiatives fired Weber. The lawsuit claims the company fired Weber due to her reports and complaints regarding the health, safety, and well-being of one of its residents. The lawsuit seeks unspecified actual and punitive damages for Weber's firing. Care Initiatives has yet to file a response to the lawsuit. The company did not respond to calls this week from the Iowa Capital Dispatch. Over the past year, Care Initiatives has been the target of two other lawsuits alleging a form of whistleblower retaliation. Kandus Jellison, who worked at the chain's Oakwood Specialty Care in Albia, has alleged she was fired in June 2022 after she intervened on behalf of a resident who was refused hospital care and then helped the man call 911. Jellison sued Care Initiatives in part for violating the Iowa law that bars employers from taking action against workers for reporting dependent adult abuse or assisting with an abuse-related complaint or investigation. Care Initiatives argued that while it's a crime for a company to retaliate against workers who assist with abuse investigations, the Iowa Legislature didn't intend for workers to use such a violation as the basis for a civil lawsuit. A judge agreed and dismissed one element of the lawsuit, but let the remainder of the case proceed. Care Initiatives has denied any wrongdoing. A trial is scheduled for March 30, 2026. In May 2024, Stephanie Schlegelmilch sued Care Initiatives, alleging that while working as the director of nursing for the chain's Avoca Specialty Care she was terminated in violation of public policy. She alleged that she was fired shortly after she confronted a regional nurse for Care Initiatives and questioned why she wasn't wearing a mask during a COVID-19 outbreak in the home. As part of her lawsuit, she also alleged she had several 'tense conversations' with management about the company's alleged practice of admitting new residents to the home even when it was not adequately staffed to provide a safe environment for residents. Care Initiatives denied any wrongdoing. According to court filings by attorneys for both sides in that case, the lawsuit was resolved in December 2024 with an out-of-court settlement. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
19-02-2025
- Health
- Yahoo
Nursing home sued after resident falls down concrete stairs in wheelchair
The Odebolt Specialty Care nursing home in Sac County, Iowa. (Photo via Google Earth) A western Iowa nursing home is facing a lawsuit filed by a woman who fell down a flight of concrete stairs at the home while seated in a wheelchair. Elaine Gunderson of Battle Creek, Iowa, is suing Odebolt Specialty Care and its owners, Care Initiatives of West Des Moines, for negligence and breach of contract. The lawsuit alleges that on July 2, 2024, the 88-year-old Gunderson was found at the bottom of a set of 13 concrete stairs that led from the kitchen to the basement of the home. Although the kitchen was considered a restricted area from which residents were barred, a staff member had allegedly propped open the door, allowing Gunderson to wheel herself into the area. The lawsuit seeks unspecified damages. The home has yet to file a response to the lawsuit. According to state inspectors' reports, Gunderson had propelled herself into the kitchen, through two more doors, and then toppled down the stairs leading to the basement. She was later found by a kitchen worker who heard someone yelling for help. Gunderson had lacerations to her forehead and left forearm, and an injury the staff described as a 'huge gash' in her cheek. She was transported to a hospital where, according to inspectors, the records indicate Gunderson was admitted with a head wound that required seven stitches to close as well as 'bruises on her head, hands, legs, hips, both eyes and all over basically.' The lawsuit alleges that Odebolt Specialty Care was charging Gunderson $342 per day for its services. She had lived in the facility since 2013. As a result of the accident, the state proposed but then held in suspension a $9,000 fine. Federal officials imposed a fine of $14,433. Court records indicate there are at least 14 other lawsuits currently pending against the Odebolt facility's owners, Care Initiatives. Thirteen of those cases are tied to resident deaths, and one stems from an incident involving a male intruder who was found in bed with a female resident at a Care Initiatives facility. The lawsuits allege negligence at Care Initiatives facilities located in Pleasant Hill, Wapello, Albia, Fonda, Corydon, Waterloo, Marshalltown, Avoca, Oskaloosa, Centerville, West Branch and Corning. Several of the cases have been stayed by the courts with the plaintiffs ordered to bring their case before an arbitrator. Care Initiatives did not respond to the Iowa Capital Dispatch's requests for comment.
