Tulsa World: Whistleblower sues over her firing

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Whistleblower sues over her firing
She says she was fired after reporting neglect and abuse at a nursing home.

By KIM ARCHER World Staff Writer
Published: 6/8/2009 2:19 AM
Last Modified: 6/8/2009 3:28 AM

MANNFORD — A Mannford woman is suing Cimarron Pointe Care Center and one of its contractors for wrongful termination after she reported abuse and neglect of the nursing facility's residents, according to a petition filed in Creek County District Court.

The nursing facility is one of six Oklahoma nursing homes and one assisted-living facility in which Eddie Martin of Sallisaw has an ownership interest.

Several of the homes have been plagued by problems, including Bartlesville's Silver Lake Care Center, where an employee was charged with two felony counts of caretaker abuse.

Mannford's Cimarron Pointe is one of three of Martin's homes that has lost federal dollars for new admissions in the past. The Coweta home has come close several times.

And one, Shawn Manor in Ponca City, received an "F" rating, which is a high scope of severity, in an April 9 inspection. If the facility doesn't come into compliance on a revisit, federal dollars will be pulled for new admissions July 9, according to state records.

In a petition answering Diana Harris' allegations, Cimarron Pointe Care Center denies any improper care of its residents. It also states that Harris was employed by Health Care Services Group, so the nursing home isn't responsible for her termination.

Attempts to contact Martin were unsuccessful. A call to his attorney wasn't returned.

In the lawsuit against Cimarron Pointe filed in Creek County, Harris said she worked as a housekeeper at the facility for

three months, according to a court petition dated March 2007. She was paid by Health Care Services Group, a Tulsa company contracted by the home to provide cleaning services, and supervised by nursing home staff.

During her employment, she said she observed numerous instances of improper care of the home's residents.

"Mrs. Harris observed a male resident who had been left in his own waste for so many hours that he had feces caked on to his leg from his hip to below his knee, and had wet himself at least one time," the petition said.

She told the Tulsa World she saw the man sitting in his waste and reported it to her supervisor, the head nurse and two nurse's aides. Her supervisor sprayed deodorant in the man's room to cover the smell. The aides said they would leave him for the next shift.

"Two and a half hours later, he was still sitting in his own waste," Harris said. "He couldn't say nothing. I would always talk to him. He would just light up when I went to clean his room. It's heartbreaking when you see a resident not being taken care of."

Also, an elderly woman paralyzed from the waist down was left in her own waste, Harris said. She rolled out of the bed and into the hallway to get someone to change her soiled garments and the nurses "just laughed at her," Harris said.

"On another occasion, Ms. Harris brought the needs of another female resident to the attention of the nursing staff. The resident's needs were ignored, prompting the resident to write a letter to her family saying goodbye, in anticipation of death from neglect," the petition states.

Another female resident, who was unable to sit up alone, was left on a bench in the shower. She fell and hurt herself, the petition said.

Harris reported each instance of neglect or abuse to the facility's staff. But once the staff learned she intended to seek the advice of her husband, Jerry, a retired private investigator known for exposing elder abuse, she was fired, the petition said.

The home's administrator and a supervisor from Health Care Services Group of Tulsa, the contractor that paid Harris, fired her, it said.

"Ms. Harris was advised that the only basis for her termination was her reporting of the abuse," the petition said. "Ms. Harris had not done anything else to merit termination, and no other basis for termination were discussed or even suggested."

"I think when I was let go it was for retaliation," Harris said.

Her attorney, Derek Lawrence, said Harris is seeking compensation only for wages lost, although punitive damages may be sought. A pretrial conference has been set for July 30.

"Her No. 1 concern is that the abuse and neglect needs to stop at the home," he said. "And to protect other employees, she wants to take a stand."

In Bartlesville, 31-year-old Jason Pearl remains in Washington County jail on charges of caretaker abuse and a misdemeanor charge of verbal abuse at Silver Lake. That home had been cited in February for failing to have an effective system "to screen for, prevent, identify, report and investigate abuse."

Shawn Manor in Ponca City, which received the "F" rating, will lose federal monies for new admissions as of July 9 if it doesn't correct deficiencies, said Dorya Huser, the state Health Department's chief of long-term care.

If the home still isn't in compliance, its participation in the Medicare and Medicaid programs will be terminated Oct. 9, she said.

Martin has ownership shares in Glenpool Health Care Center, Sequoyah Pointe Living Center in Owasso, Rolling Hills Care Center in Catoosa, Coweta Manor Nursing Home; Pleasant Springs assisted living center in Colcord; and Shawn Manor Nursing Home in Ponca City.

World correspondent Laura Summers contributed to this story.

Kim Archer 581-8315
kim.archer@tulsaworld.com By KIM ARCHER World Staff Writer

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	Report Comment Missy,,M, no thanks (6/8/2009 5:41:35 AM) I'd like someone to hire me to do surprise visits to these homes.Preferably by the family.That way when I slapped the taste out of someones mouth it would be a added bonus....for the family and I.
	Report Comment concernedpapa, Kiefer (6/8/2009 8:37:20 AM) Missy Why do you need to be hired? Nursing home patients love it when they get visitors. To go in and volunteer is a wonderful thing. Of course there is no money to be made, which sounds like tthat may be the problem.
	Report Comment golfwife, (6/8/2009 8:38:14 AM) How can any of those nursing home workers sleep at night after seeing such abuse? Thank you Mrs. Harris for reporting such awful treatment of our elderly.
	Report Comment Peter Piper, TULSA (6/8/2009 8:49:37 AM) Too many problems at Cimarrron Pointe. Might better shut it down. Mr. Martin probably should change careers.
	Report Comment billy8, Sand Springs (6/8/2009 9:24:14 AM) Wrongfull termination for whistle blowing in protected, but this is an at will state and you can be fired for just any old thing. That's why we need unions here, to protect the worker. Hope she raises hell and gets a bunch of money from that crook.
	Report Comment taj1958, Henryetta (6/8/2009 10:42:14 AM) These people didn't ask to be put in these homes, they had no choice.They can't take care of themselves and depend on someone else to it. But they don't deserve to be treated like animals.How would the employees from that facility like it if they had a family member in there,and he or she was being mistreated.These people are incompetent to take care of these people.THEY should be put in a nursing home and IGNORED!
	Report Comment Mar, Tulsa (6/8/2009 10:46:47 AM) Who would want to work for or be associated with such a crummy employer anyway?
	Report Comment fcol, (6/8/2009 11:25:56 AM) Hard to believe that many of the situations I observed in a different state nearly 40 years ago still exist in nursing homes. Proper care of the patients is being paid for, whether it's paid by private or public funds. Long ago, when I worked in a facility for a short time, the problems were due to lazy staff and ridiculous rules that encouraged laziness. The staff who provides the bulk of the care are not well paid. Most people don't appreciate or reward the work performed by these people. As a result, too many of the employees tend to be lousy employees whose concern is doing as little as possible to collect their small paychecks. There are good employees who honestly want to do what they can to improve care and conditions, but they are often stifled by the folks who would rather spend their time watching the clock or playing cards than tend to those who depend on them for everything. During my short stint at a facility, the supervisor threatened to fire me for refusal to leave people in soiled diapers until the next shift. They kept them under lock and would only put out so many per shift. I asked twice for more and was refused, so I cleaned and diapered my people in clean bath towels. Frequent visits from family or friends is the best insurance you can provide for adequate treatment of your loved ones. Too often, those who never have visitors are neglected more.
	Report Comment AllSmiles, Sperry (6/8/2009 12:27:53 PM) I hope they investigate this place to the fullest and hold those responsible for neglecting these innocent people. Its horrible how heartless others can be to those who are helpless.
	Report Comment country lady, small town (6/8/2009 1:01:16 PM) They don't need unions! They need to have someone who knows how to check up on there employees.I use to be a nurse in a nursing home and we were watched.Not like these in this story.My Mom was in Silver Lake and she wasn't able to take care of herself but the ones that could were giving all the help.Just becouse the so called nurses didn't have to do any thing.My mom didn't have to stay there long and I was there every day all day long until she passed.I seen alot that went on in that short time.
	Report Comment 52favoriteteacher, Washburn--used to be Broken Arrow (6/8/2009 1:14:39 PM) #1 always stand up for what you know to be right #2 always speak out for those that can not #3 always give until it hurts #4 what would you want done if it is your turn in that nursing home bed? and now for 15 bonus points; Mondays quick quiz--Where in the world did Twitter orginate?_______________________
	Report Comment TheDudeAbides, Midtown Tulsa (6/8/2009 4:47:16 PM) "When Im lyin in my bed at night I dont wanna grow up Nothin ever seems to turn out right I dont wanna grow up How do you move in a world of fog Thats always changing things Makes me wish that I could be a dog When I see the price that you pay I dont wanna grow up I dont ever wanna be that way I dont wanna grow up" - The Ramones For 15 bonus points: twitter was originated in the mind of some really narcissistic person for the cesspool that is the internet.
	Report Comment Bullhead, Nicut (6/8/2009 7:58:14 PM) This is nothing new. This heartbreaking stuff has been happening since the begining of long term care. The owners make money hand over fist and aren't required to pay well. Therefore they get the type of workers they pay for. God bless our nursing home residents from the devils who care for them.
	Report Comment Missy,,M, no thanks (6/8/2009 10:33:11 PM) Well concerned papa,slapping people requires that you might want to get out of jail in order to do the job so yes money when it comes to bailing me out.I dont think the federal gov.is gonna give me any bailout money so I'd be there a while.Beleieve it or not I have been to the nursing homes to visit,not so much anymore but noone had to tell me to do that.I did it on my own,in fact went to a dance once and had a few admires,my dance card was filled.Course the other woman folk wasnt in to dancin all that much,but the men folk well that was another story.
	Report Comment Ron Ballew, Lawton (6/8/2009 10:44:15 PM) Elder abuse should be a crime for which people are arrested, instead of being given 90 days to change someones diaper.
	Report Comment Ron Ballew, Lawton (6/8/2009 10:46:04 PM) The Medicare inspectors are not doing their job, or this place would already be closed down.
	Report Comment Twilight in Paris, near the water in SE OK (6/9/2009 9:26:22 AM) I think what it all boils down to is that there is no one watching out over these nursing homes! Any inspector would see these outpoints if they looked. My aunt works in florida as a nursing home inspector and she catches this type of thing ALOT! The key is a surprise inspection and not to announce yourself. I am grateful for what ms. harris did, but doesn't being a 'whistleblower' mean that something was done about it...just asking. I am not surprised in the least by this story, it is unfortunete because caring for an elderly person who is unable to care for themselves is a HUGE responsibility, it takes a very caring loving person to do that. Oh, and we don't need unions in Oklahoma...that would surely be the death of us all...more 'i'm not paid enough' people yelling about 'their rights' when the company they work for is going under, but god forbid they realize their 'demands' are going to cause others to lose their jobs when the whole company goes under...kinda like the auto industry....hmmmm. In Japan where GOOD work is rewarded, if you aren't working up to their standard you can get your pay cut or get fired! I am tired of paying people $50 an hour to do a half as* job! I'll be happy to pay someone $20 an hour to do it right and then they can work up to $50. Why do we as a society reward people for not working, making huge demands, refusing to work if not 'adequatly paid'? Don't get me wrong, i want people to get well paid and get benifits, but if an whole company is going to go down because they 'want more' then that is NUTS!!!!!
	Report Comment On the fence, Tulsa (6/9/2009 12:44:47 PM) She paid a small price for saving human lives. Now, they will keep hiring and firing until the find someone who will look the other way. In the meantime, the nursing home owners will continue to pay a few thousand in fines to make millions. What a great system.

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