By Tracy Colman  |  September 4, 2018

Category: Consumer News

A secondary lawsuit has been filed after a cover-up of elder care neglect amidst a facility scabies outbreak has been revealed. The litigant, Victoria M., is suing on behalf of her late mother, Beulah S., who passed away in the late summer of 2016 after spending a little over a year at Southtowne Living Center in Eugene, Oregon.

The elder care neglect lawsuit was filed on Aug. 1, 2018 in Lane County Circuit Court and accuses the facility, its parent company Ageia Health Services LLC, and key executive players such as the former facility executive director David Meisner and former facility director of nursing services Jandrya Dubofsky of elder care neglect leading to wrongful death.

Also named among the defendants are Southtowne medication aide Katrina Anderson, Ageia president Kevin Cox , and Ageia vice president Darla Sharer.

According to the narrative of the elder care neglect lawsuit, Beulah S. suffered along with several dozen other residents from a scabies outbreak that was left untreated in the patients. This scabies outbreak allegedly recurred between a three-year period from 2013 to 2016 and caused horrible suffering.

Scabies is a parasitical infection of the skin that produces miniscule holes in the skin that can become extremely itchy, red, and swollen. The holes are produced by the parasite, which tunnels in the tissue and these skin breaks can crust over with sores and weep pus. They can be the entryway to systemic infections that can be life-threatening.

The elder care neglect aspect of the case is not that the outbreak occurred, but that treatment with anti-parasitic ointment and regular hygienic bathing is a relatively easy way to bring it under control and these were withheld according to presented allegations. The staff was purportedly contracting the infection themselves and using ointment prescriptions for the residents to treat their own scabies outbreaks.

In this second lawsuit, the complainant is suing for $1.2 million for her mother’s estate. Victoria admitted her mother to the Southtowne Living Center following a stroke. Beulah suffered from dementia as well. According to her daughter’s report, she had difficulty maintaining her weight during her stay at the facility and, although weekly weigh-ins were part of her intake nursing plan, there was no record of any being taken during the last month of her life.

There was also allegedly no evidence of any professional nutritional or dietetic consultation being undertaken on behalf of Beulah’s weight maintenance issues. Through a records request, a recipe for a ‘health’ shake was found that was given to the elder regularly was found. This health mixture included Crisco, protein powder, flour, and chocolate pudding mix.

The First Lawsuit

The first elder care neglect lawsuit against Southtowne Living Center was filed in May of this year by Arthur L., son of Pat L., who died in 2015 after a few short months spent in the facility. Pat allegedly experienced a fall and was rushed to a local emergency room, where nursing staff reportedly found her covered in scabies-induced sores. With the aid of a local burn unit and their expert staff, she was cleaned up but later died of an infection. This lawsuit asked for $7.8 million.

Have you witnessed evidence of elder care neglect and abuse by a care facility caring for a loved one? You may have a legal claim. Fill out our form to request an initial legal consultation.

In general, nursing home neglect lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual nursing home neglect lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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