By Emily Sortor  |  July 11, 2019

Category: Elder Abuse

elderly man in wheelchairAmidst a growing number of cases of nursing homes neglect, Kentucky nursing home and a pharmacy have agreed to settle a lawsuit over claims of abuse and neglect of a former Louisville judge.

Masonic Homes of Kentucky will pay almost $13 million to the estate of Judge Dan Schneider. He spent 24 days at the Louisville location of the nursing home, where his family says he did not receive necessary care, an occurrence which allegedly eventually led to his death.

Masonic Homes will pay the judge’s family $11 million, and Med Care Pharmacy will pay $1.9 million to the family. According to Courier Journal, Masonic Homes maintains that the judge’s death was “an isolated incident” and says that they hope the settlement and resolution “will bring solace to the family.” 

According to Courier Journal, the nursing home had received a rare five-star rating from the federal Centers for Medicare and Medicaid Services, in contrast to its alleged negligence in the judge’s case.

According to Judge Schneider’s family, the nursing home failed to give the judge antibiotics he needed, and Med Care Pharmacy field to check in and make sure the judge received his necessary medication.

Judge Schneider’s two sons filed the lawsuit against both Masonic Homes of Kentucky and Med Care Pharmacy in March 2014.

Courier Journal reports that Judge Schneider reportedly suffered an infection for which he was admitted to the hospital and received antibiotics for two weeks. Allegedly, he was then moved to the Masonic Homes nursing home in March 2013.

Allegedly, Judge Schneider was prescribed four more weeks of antibiotics during his stay at the nursing home, after which point he was supposed to return to his home. However, Judge Schneider allegedly did not receive his antibiotics.

According to Judge Schneider’s family, the staff recorded that he received two doses of antibiotics a day, but did not give him any of his prescribed antibiotics.

The family goes on to argue that the infection then returned because Judge Schneider had not received his antibiotics, which then allegedly caused his death in early May. Judge Schneider was 68 years old.

Allegedly, Judge Schneider’s wife was not told how her husband died until six weeks after his passing.

The family says that the nursing home was negligent both in not giving Judge Schneider his medication and in not notifying his family of the circumstances of his death.

Unfortunately, Judge Schneider’s case is far from an isolated incident. Sun Sentinel reports that nursing homes neglect and abuse is a serious problem, noting that an estimated 20 percent of

Medicare beneficiaries residing in nursing homes and who had been to the emergency room for care for “high -risk” conditions had possibly suffered abuse or neglect. This information was reported by the federal government. 

Unfortunately, most cases of elder abuse and nursing homes neglect aren’t being reported, says NPR, though reporting of such abuse and neglect is required by law. 

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

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