Vaping Dangers in 2020: 5 Facts You Need To Know

Numerous issues surrounding e-cigarettes have raised concerns in recent months about the dangers of JUUL and vaping products in general. The most widespread concern is the development of a serious respiratory condition known as “e-cigarette or vaping associated lung injury” (EVALI). It’s a potentially deadly condition that has been diagnosed in more than 2,700 people who use vape products across the country. As of late January, 60 vaping-related deaths have been recorded nationwide, including one fatality in South Carolina.

The personal injury lawyers at Joye Law Firm are ready to help South Carolina residents pursue compensation for serious injuries caused by vaping or Juuling. A vape injury lawsuit would hold the manufacturer financially responsible for your medical bills and other related losses caused by vaping.

Product manufacturers have a legal obligation to ensure that their products are safe when used correctly and to provide adequate warning of the risks their products pose. We believe vape and e-cigarette manufacturers should be held accountable when their products cause preventable harm. Our product liability attorneys at Joye Law Firm have been standing up for injured people in South Carolina for more than 50 years.

Review the vaping and e-cigarette health facts and other information you should know, and call to speak with a vaping injury attorney at Joye Law Firm or use our online contact form if you or a loved one has been injured by vaping.

1: Vaping Has Caused Illness and Death Nationwide

The Centers for Disease Control and Prevention (CDC) says as of January 21 there had been 2,711 EVALI cases resulting in hospitalization and/or deaths in all 50 states, Washington D.C. and two U.S. territories (Puerto Rico and U.S. Virgin Islands). Sixty deaths have been confirmed in 27 states and the District of Columbia.

In South Carolina, public health authorities report 39 confirmed or probable cases of EVALI related to vaping and Juuling in the state as of January 14. In addition to one death, 36 patients have been hospitalized, nine of whom were treated in an intensive care unit. EVALI cases have been found in South Carolina’s:

• Midlands – 3
• Upstate – 25
• Pee Dee – 5
• Lowcountry – 6

The good news is that reports from state health departments around the country show a gradual decline since EVALI cases peaked in September 2019, according to the CDC. EVALI cases in South Carolina mirror this trend, the S.C. Department of Health and Environmental Control says.

E-cigarettes work by heating a liquid to produce an aerosol vapor that users inhale into their lungs. This is vaping. The liquid in an e-cigarette can contain nicotine, tetrahydrocannabinol (THC) and cannabinoid (CBD) oils, and other substances and additives. The CDC says vitamin E acetate, an additive found in some THC-containing vaping products, is strongly linked to the EVALI outbreak.

Symptoms of EVALI include:

• • Cough, shortness of breath, or chest pain
  • Nausea, vomiting, stomach pain, or diarrhea
  • Fever, chills
  • Weight loss

Some patients have reported that their symptoms developed over a few days, while others reported that their symptoms developed over several weeks.

2: FDA Banned Most Fruit & Mint-Flavored Nicotine Vaping Products in the US

The federal government has responded to the EVALI outbreak mainly by focusing on teenage vaping. It’s estimated that among middle and high school students, more than 5 million were current users of e-cigarettes in 2019, and almost 1 million were using e-cigarettes daily.

Most teens who reported e-cigarette use said they prefer flavored e-cigarettes, such as ones fueled by mango- or mint-flavored pods of vaping liquid.

On January 2, 2020, the Food and Drug Administration (FDA) said companies that do not cease manufacture, distribution and sale of unauthorized flavored cartridge-based e-cigarettes (flavors other than tobacco or menthol) within 30 days risk FDA enforcement action.

The FDA said it intends to prioritize enforcement against illegally marketed electronic nicotine delivery systems (ENDS), such as e-cigarettes and e-liquids, by focusing on the following groups of products that do not have premarket authorization:

• Any flavored, cartridge-based ENDS product other than a tobacco- or menthol-flavored ENDS product
• All other ENDS products for which the manufacturer has failed to take or is failing to take adequate measures to prevent minors’ access
• Any ENDS product targeted to minors or likely to promote use of ENDS by minors.

“The FDA is specifically banning cartridge-based nicotine pods like Juul, but allowing vape shops to continue selling tank-based flavored nicotine liquids, which require users to manually fill their pods,” a CNBC report about the FDA ban explains.

Meanwhile, the President signed legislation on December 20, 2019, to raise the federal minimum age for buying tobacco products, and it is now illegal for a retailer to sell cigarettes, cigars or e-cigarettes to anyone under 21.

3: Vape Sales Have Fallen 26% in 2 Months and Things Could Get Even Worse

People are apparently responding to the many questions surrounding vaping and the health risks relating to it by simply avoiding vape products altogether.

After a peak of $160 million in vape sales in August 2019, sales fell more than 21% in September to $126 million, according to research cited by NASDAQ and The Motley Fool. In October, sales fell another 5% to $119 million.

The report says the FDA is considering taking vaping products off store shelves completely.

“If vape companies such as industry leader Juul can’t prove that their products don’t do more harm than good, the FDA may opt to pull their products entirely,” the Motley Fool market analyst writes.

4: The Trump Administration is Divided on Vaping E-Cigarettes

Alex M. Azar II, the U.S. Secretary of Health and Human Services, announced the ban on fruit- and mint-flavored e-cigarette pods thought to be aimed at youths.

“By prioritizing enforcement against the products that are most widely used by children, our action today seeks to strike the right public health balance by maintaining e-cigarettes as a potential off-ramp for adults using combustible tobacco while ensuring these products don’t provide an on-ramp to nicotine addiction for our youth,” Azar said in a news release. “We will not stand idly by as this crisis among America’s youth grows and evolves, and we will continue monitoring the situation and take further actions as necessary.”

The effort seeks to limit children’s access to certain flavored e-cigarette products.

5: A South Carolina Defective Product Attorney May Be Able to Help You

If you or your loved one has been injured by an e-cigarette or developed short term or long term breathing problems after using a vaping device, you may have a right to demand compensation from an e-cigarette manufacturer.

The attorneys at Joye Law Firm in South Carolina have the resources and experience to conduct a thorough investigation of an e-cigarette- / vaping-related lung illness and identify those who should be held accountable.

An initial consultation with an experienced e-cigarette injury attorney at Joye Law firm is absolutely free. Call us at (877) 941-2615 or use our online contact form to set up your meeting today.

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South Carolina DUI Accidents: Among The Worst Nationwide

South Carolina has one of the most serious drunk driving problems of any state, according to a new report released by The Zebra, an online insurance brokerage service.

Almost 30 percent of all fatal car crashes in South Carolina in 2018 were related to drunk driving, according to federal statistics. That stat, coupled with the number of DUI arrests and people who admit to driving after drinking, ranks South Carolina fifth among the states with the most pronounced drunk driving problems.

The Zebra study is not the only such analysis to conclude that drunk drivers are a big problem in South Carolina. Another study by BackgroundChecks.org also ranked South Carolina among the 10 worst states for drunk driving in 2018, according to WECT TV in Wilmington, N.C. Nearly 300 people died in drunk driving accidents in the Palmetto State in 2018.

As drunk driving accident lawyers who handle personal injury cases across South Carolina, we can tell you that far too many South Carolina families experience the loss of loved ones in preventable accidents caused by intoxicated drivers. Every drunk driving accident is avoidable.

South Carolina Accidents Caused by DUI Stats

The two studies cited above use statistics from the National Highway Traffic Safety Administration (NHTSA), Centers for Disease Control and Prevention (CDC), FBI and the U.S. Census.

The top 5 worst states in the Zebra DUI study were:

1. Montana
2. South Dakota
3. North Dakota
4. Wyoming
5. South Carolina

The top 10 worst states in the BackgroundChecks.org drunk driving study were:

1. Wyoming
2. South Dakota
3. Montana
4. North Dakota
5. Mississippi
6. New Mexico
7. North Carolina
8. South Carolina
9. Alaska
10. Wisconsin

Here are some numbers regarding South Carolina from the two studies about drunk driving.

There were 291 fatal car accidents blamed on drunk driving in South Carolina in 2018, 28% of all fatal crashes in the state that year, according to the NHTSA. Fatal DUI accidents represented 31% of all fatal accidents in South Carolina the previous year.

Drunk driving fatalities in South Carolina in 2018 occurred at a rate of 5.7 per 100,000 population.

There were 15,188 DUI arrests in South Carolina in 2018.

Only 1.6% of the population in South Carolina reported having driven drunk in a 2014 CDC survey. The state with the highest percentage of people who admitted driving drunk is North Dakota, where 3.4% said they got behind the wheel intoxicated.

“Despite its lower numbers of arrests and drunk driving prevalence (admitted drunk driving), the deadly rate of drunk driving fatalities earns South Carolina a spot high on the list,” the Zebra study says.

In 2019, the South Carolina Senate approved legislation to expand the state’s ignition interlock device law to require the devices be mandatory for everyone convicted of drunk driving and anyone who refuses to provide a breath sample. The legislation did not become law because the South Carolina House of Representatives did not act on the legislation.

Can You Sue a Drunk Driver For Hitting You in S.C.?

South Carolina’s criminal courts penalize drivers who are convicted of drunk driving with fines, jail time, loss of driving privileges and other requirements. However, those who are injured in drunk driving accidents must often rely on the civil courts to recover compensation for monetary losses caused by a car accident such as medical expenses and loss of income.

Under South Carolina personal injury law, if you have been injured in a drunk driving accident, the intoxicated driver may be compelled by the courts to compensate you for:

• Medical expenses resulting from the accident, including the cost of future treatments for any lasting injuries.
• Lost wages during your convalescence and for any future reduction in income or earning potential that the accident caused.
• Pain and suffering, which includes payment for any reduction in quality of life.
• Emotional distress resulting from the accident or injuries.

After a drunk driving accident, the injured individual or a loved one should contact a South Carolina lawyer experienced at handling drunk driving injury cases. Our drunk driving accident attorneys at Joye Law Firm can meet with you, review the details of the accident and explain your legal options at no charge.

In many cases, especially after a DUI conviction and injuries caused by the drunk driving accident, a personal injury claim can be settled in negotiations with the drunk driver’s insurance company. The larger the claim, the more likely it is that the insurance company will try to deny the claim or minimize the settlement to the injured person.

Our attorneys at Joye Law Firm can investigate your accident and gather evidence to support your claim and show who was liable for your injuries. We will calculate the full extent of your losses and make a demand to the at-fault driver’s insurer for full and fair compensation to you. If our negotiations with insurers do not succeed, we will be prepared to pursue a DUI lawsuit for the maximum compensation available on your behalf.

Joye Law Firm has been helping injured people in South Carolina for more than 50 years. Our personal injury attorneys are committed to our clients and we are proud of our track record of success.

Contact Our South Carolina Drunk Driving Accident Attorneys

If you’ve been seriously injured in a South Carolina DUI accident, you can count on the drunk driving accident lawyers of Joye Law Firm to show you the respect you deserve and work to recover all of the money you are entitled to.

Call Joye Law Firm at 877-936-9707 or fill out our free online case evaluation form. We have drunk driving lawyers in North Charleston, Columbia, Clinton and Myrtle Beach, S.C.

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Steer Clear of Pothole Accidents in South Carolina

Maybe you’ve seen the road workers on highways in Columbia, Charleston, Myrtle Beach and elsewhere patching potholes.

The South Carolina Department of Transportation (SCDOT) says it launched a pothole repair blitz in January after getting numerous recent reports of potholes creating driving hazards. In a tweet, the SCDOT blamed the rash of potholes on weeks of heavy rainfall.

Road maintenance crews will be active for the next several weeks filling potholes across the state.

S.C. drivers and others can report potholes that need to be patched through a SCDOT web page dedicated to pothole repair. To report a pothole by phone, call 855-GO-SCDOT (855-467-2368) toll free or 803-737-1200.

“We’re out on the road monitoring as we drive, calling them in, and we’re also taking requests from people who are calling in at the same time,” Joe Winfield, SCDOT resident maintenance engineer, told WACH Fox 57 in Columbia.

“If you hit a pothole and you damage your vehicle, you can file a damage claim by SCDOT,” Winfield said. “If you file a damage claim and we find it to be an accurate damage claim, we will compensate for that.”

The State newspaper in Columbia said SCDOT paid more than $6.6 million to settle road-damage claims between July 2016 and April 2017 and had paid out $5.7 million during the 2015-’16 fiscal year. There were more than 3,000 damage claims filed with SCDOT in both 2015 and 2016. Potholes had been the cause of damage in two-thirds of claims between 2010 and 2017.

Unfortunately, patching a pothole is only a temporary solution, Winfield said. The needed road reconstruction requires state money to be allocated for the larger project.

Why So Many Potholes in South Carolina?

Most South Carolina drivers have had the bone-rattling experience of hitting a deep pothole and wondering if the car was damaged. South Carolina is known for its poor performance when it comes to road maintenance. A recent survey rated South Carolina roads the worst in the nation and noted that S.C. roads were bumpy and pocked by potholes.

Potholes form because of wear and tear aided by the destructive force of water and freeze-and-thaw cycles. As water freezes, it expands, which causes cracks and other breaks in pavement. These gaps let more water in, which weakens asphalt and the ground underneath roadways, and increases freeze-and-thaw breakage.

The areas most prone to pothole development are those where drainage is poor (particularly where roads dip), where vehicular traffic is heavy, and where poor maintenance allows small fissures in pavement or asphalt to deteriorate further, says Pothole.info.

Road maintenance is key, but that costs money. According to Pothole.info, the National Surface Transportation Policy and Revenue Study Commission of the U.S. Congress said more than a decade ago that the annual investment required to maintain the nation’s highways, roads, and bridges was estimated to be $185 billion per year for the next 50 years.

Six annual 2-cent gas tax hikes that South Carolina leaders approved in 2017 are expected to generate an additional $70 million a year to be deposited into the Infrastructure Maintenance Trust Fund (IMTF). As of November 2019, the S.C. Department of Transportation had made more than $1.2 billion in project commitments tied to the gas-tax law.

South Carolina Transportation Secretary Christy Hall told The State in June 2019 that South Carolina had $11 billion worth of pavement needs as a result of 30 years of backlogged maintenance.

State and industry officials and transportation experts say repairing South Carolina’s highway system will take more than a decade to complete.

How to File a Pothole Damage or Injury Claim

The AAA auto club explains that hitting a pothole can damage a car’s tires, wheels, shocks and struts, tie rods, ball joints, and more. Pothole-related auto repair costs average $306, but some unfortunate drivers wind up paying more than $1,000 to fix the damage.

If your vehicle has been damaged by hitting a pothole in South Carolina, you can file a claim seeking compensation from the S.C. Department of Transportation. Because of the delay in processing claims, in most cases, car owners will need to pay to have repairs done, then seek reimbursement.

Obtain a damage claim form from SCDOT online and submit it along with two repair estimates or a paid invoice to the SCDOT Maintenance Office in the county where the incident occurred.

The person filing the claim must be the registered vehicle owner, and a copy of the vehicle registration must be included with the claim form. A vehicle owner has one year from the date of the pothole accident to file a damage claim. Under the South Carolina Tort Claims Act (Section 15-78-10), the SCDOT or its insurance carrier has 180 days after a claim is received to decide whether to pay or deny the claim.

In addition to vehicle registration and insurance information, the damage claim form requires the date and time of the accident, the location of the pothole and a description of the accident and the damage caused. It also asks for the name of any witnesses to the accident.

The problem goes further than vehicle damage, though. Hitting a pothole – or trying to avoid one – can cause a driver to swerve suddenly or lose control of the vehicle and crash. A blown tire or broken suspension can lead to a car accident, as well. Such a crash at high speed can easily cause injuries.

You can also seek compensation from SCDOT for injuries suffered in a pothole-related car accident. South Carolina has paid a total of more than $48 million dollars in claims since 2010 for personal injury and vehicle damage caused by the state’s failing roads, according to The State and SCDOT figures.

Contact a South Carolina Car Accident Lawyer About a Pothole Claim

South Carolina has what looks like an easy process for obtaining reimbursement for pothole-related vehicle damage or injury, and a September 2019 investigation by The Post and Courier in Charleston concluded that S.C. cities and the SCDOT have paid out hundreds of thousands of dollars for damage caused by potholes since 2013. But they still don’t reimburse drivers for a majority of the claims they receive.

SCDOT spokesman Pete Poore said the agency typically pays out about 40 percent of submitted claims, according to the report. If the road where the accident happened is maintained by an entity other than the state, the SCDOT will deny the claim and tell the claimant where to file again.

Joye Law Firm will press for full compensation for you if you have been injured as a result of a South Carolina pothole accident. We’ll do the research to ensure your claim for compensation is filed properly. Having our experienced S.C. car accident lawyers at Joye Law Firm working on your behalf means that we will handle the claims process and you can focus on your recovery and health.

Contact us at (877) 936-9707 or use this online contact form for a free case review today. We help clients with car accident cases in Columbia, Myrtle Beach, North Charleston, Clinton, and more South Carolina locations.

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Resident attacked during meal at Veterans Victory House in Walterboro

Video evidence from the Veterans Victory House in Walterboro, South Carolina, shows an extended altercation between two residents while nursing home staff looked on.

The nursing home’s report claimed that a resident swung at another resident during mealtime and simultaneously threw lukewarm coffee at the same resident. The facility’s report also said that a Certified Nursing Assistant (CNA) removed the attacking resident’s utensil when they intervened. When the surveyor reviewed this account, they asked to see the video of the incident, which revealed a very different story.

Don’t wait. Get help for nursing home abuse today.

In the video, the residents are seated next to each other. One resident receives their food while the first is already eating. The second resident places their juice glass on the other resident’s tray, but the first resident continues eating. The second resident then takes the other resident’s coffee cup and spills its contents all over the other resident’s plate of food.

This video did not include audio, but it is obvious the first resident says something to the other resident after having coffee poured all over their meal. The second resident responds violently, taking a utensil and stabbing the first resident’s arm.

The first resident picks up their coffee mug and lifts it, while the second resident holds the first resident’s arms up. All this happened before nursing home staff intervened.

Finally, a Certified Nursing Assistant (CNA) moves between the two residents but is noted to be eating. The CNA collects the coffee-soaked tray and walks away to the other side of the dining room, leaving the attacking resident’s utensil. Both residents were left unattended.

The second resident takes this opportunity to grab their coffee cup as if they are taking a drink and throws coffee onto the other resident.

Both residents were known to instigate disruption—the first resident was assigned one-on-one attention during mealtimes because they would mess with other residents’ space and touch their trays. The second resident was known to be controlling and reactive, telling other residents where to sit during meals and believing that the nursing facility was “their building.”

As with many nursing home abuse and neglect cases, residents get hurt when nursing staff ignore care plans. The resident who was attacked with coffee and an eating utensil was supposed to be protected by a staff member during meals. However, the staff in the dining room was caught off guard with a confrontation that seemed very sudden because they were eating their own meals and not paying attention.

If the staff had followed the prepared care plan, both residents would have likely avoided confrontation.

Even more disturbing than the scene of a resident attacking another resident is the fact that the nursing home tried to change the facts to protect themselves. Video evidence made it clear that staff should have intervened sooner, but the facility’s report claimed that there was nothing wrong.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

Don’t wait. Get help for nursing home abuse today.

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Resident Slapped and Verbally Abused by Staff at the Arboretum at the Woodlands

The Arboretum at the Woodlands near Greenville, South Carolina, has been cited for the abuse of a resident by a nursing home staff member while providing care to the resident.

Early in the morning, a resident reported to a Licensed Practical Nurse (LPN) that a Certified Nursing Assistant (CNA) had slapped them on the left side of their face and called them a name.

Don’t wait. Get help for nursing home abuse today.

The Director of Nursing was present while the resident made a statement to two police officers.
The resident was presented with four pictures of other female nursing staff and asked to identify the person who attacked them. When the resident stated that they did not see the CNA, the officers presented a photo of the CNA who had been accused. The resident then confirmed “beyond a doubt” that this person had hit them.

The CNA was helping the resident get dressed when the alleged incident occurred. A few minutes afterward, the resident went to the nurse’s station and told a LPN what had happened. The LPN had the resident taken to the therapy room so they could discuss the incident and told the CNA to leave immediately. It is not clear if this person continued their employment in this nursing home.

The hallway of this facility had a camera, which allowed the Director of Nursing to confirm the resident’s timeline of the story. The video showed the CNA entering the room, shutting the door for a brief time, and helping the resident exit the room in their wheelchair.

This resident recounted their story multiple times, both to nursing home staff and to the police. They could not, however, remember the CNA’s name. This meant that police questioned the resident multiple times, asking them to tell the same story and confirm the CNA’s face multiple times as well.

This resident was known to refuse care at times by moving a staff member’s hand away or verbally declining but was not known as a combative resident. It is unclear why the CNA decided to slap the resident and call them a name.

In this scenario, the facility fulfilled their role in reporting the incident and having police carry out an investigation. Not all nursing home residents are protected in this way after an incident of abuse, however.

This time, the resident was able to tell a coherent story and to pick out the woman’s face. The resident was noted as usually alert and oriented, but sometimes they get confused. Slightly more than half of all nursing home residents in the United States have memory loss, making testimonies of nursing home abuse and neglect difficult to share for many residents.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

Don’t wait. Get help for nursing home abuse today.

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Resident falls and suffers facial fracture at Spartanburg Hospital for Restorative Care

South Carolina’s Spartanburg Hospital for Restorative Care center was cited for the failure to follow a resident’s care plan, which was designed to prevent physical harm to a resident who was a high fall risk.
In order to help a resident with going to the bathroom and taking medication, a Licensed Practical Nurse (LPN) turned off the resident’s bed alarm. The resident had requested to sit for awhile after going to the bathroom, as they were tired of laying down. The LPN left the resident sitting in bed with a call button in their hand.

Don’t wait. Get help for nursing home abuse today.

The LPN left the resident to respond to another resident’s call, but did not turn the first resident’s bed alarm back on. A few minutes later, a Certified Nursing Assistant (CNA) saw the resident lying in their bed. Just a few minutes past this moment, the LPN heard the resident moaning in their room.

The resident was on the floor and bleeding profusely from their nose and mouth. They were immediately taken to the facility’s emergency department. The resident was hospitalized for a few days after suffering multiple facial fractures from the fall.

This resident needed an active bed alarm every time they were in the bed, as they had already been assessed as a high fall risk when admitted to this facility.

It is obvious that this resident should not have been left without their bed alarm due to their high risk for a fall. The Director of Nursing in this facility said the LPN chose to “monitor the resident visually,” but the LPN was in another resident’s room when the resident fell.

While a nursing home can’t prevent every accident, a facility that allows its staff to take shortcuts in resident care puts all residents at risk. The LPN was also rushed to answer another resident’s call, showing a possible strain on staff. Nursing homes are notorious for overworking staff and assigning too many residents for each staff member, which leads to a low quality of care for the vulnerable adults in these nursing homes.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

Don’t wait. Get help for nursing home abuse today.

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Breakdown in 1:1 supervision at Poinsett Rehabilitation and Healthcare Center leads to multiple cases of physical abuse

After two instances of resident-to-resident abuse, Poinsett Rehabilitation and Healthcare Center in Greenville, South Carolina, has been cited for preventing abuse of residents.

Both residents who attacked were on 1:1 supervision.

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The first resident was known as aggressive and had documented altercations with other female residents. She was sometimes unable to recall these incidents and was placed on 1:1 care to address risk for adverse/unprovoked behavior towards other residents.

This resident approached another resident during mealtime, making aggressive motions and trying to get out of her wheelchair. The other resident was cursing and shouting back, also making motions to fight. When the resident was unable to sustain her own body weight, she used a handrail in the room to continue toward the other resident.

One nursing assistant stated that the resident attacked another resident in her time up from the wheelchair; a nurse who was sitting in the dining room claimed, however, that the residents did not have any contact. A nursing assistant placed the resident back into her wheelchair, and the attacked resident has bruises and a skin tear on his wrists after the incident.

In another incident in the dining room, a resident took another resident’s cane and struck them on the front and back of the head, resulting in a hematoma on the resident’s forehead. The injured resident had been recorded to threaten the other resident with their cane, but had never acted on these threats. The attacking resident had never reacted to these taunts before, either.

As with the first incident in this nursing home survey, the attacking resident had been placed on 1:1 supervision. The resident had been known to wander and was an elopement risk. The Certified Nursing Assistant (CNA) assigned to this resident thought the meal was taking too long and went to get the resident’s meal tray, asking another CNA to watch the resident briefly. In this moment, the resident moved to take the other resident’s cane and hit them on the head.

In the first incident, residents known to be aggressive came into contact in the hallway outside the dining room. While nursing staff cannot anticipate every place where residents may have issues, there was a clear plan in place for the first resident. A nursing staff member was meant to be with her at all times, preventing altercations with calm redirection.

The report did not disclose who was assigned to the resident or where the resident’s personal chaperone had gone, but it took time for a nursing staff member to get to the resident after she left her wheelchair. Failure to follow the plan for 1:1 supervision resulted in abuse for the second resident. Failure to follow the care plan placed all residents in this area in danger.

Nursing homes create plans to anticipate danger and harm for residents so that residents are kept safe. It is a serious problem when staff ignore the roles they have to keep residents safe.

In both cases of physical abuse, the residents were on 1:1 supervision, and in both cases they were left by their staff members and took the opportunity to hurt another resident. This potentially shows a nursing home with a pattern of problems rather than a series of random and unrelated instances of abuse.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

Don’t wait. Get help for nursing home abuse today.

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Resident Suffers Femur Fracture at NHC Healthcare in Clinton

NHC Healthcare in Clinton, South Carolina, has been cited after a resident suffered a fractured femur while being transferred by one staff member instead of the required two.

According to the report, a Certified Nursing Assistant (CNA) transferred a resident without the assistance of another staff member or lift as required. The resident fell and suffered a femur fracture, a serious fall that the care plan had already tried to prevent by requiring multiple staff and a mechanical lift.

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While the CNA tried to transfer them to the shower, the resident’s knees buckled, and they slipped to the floor. Shower areas can be very dangerous for nursing home residents, as the ground is easy to slip on, especially if the area is wet from the shower.

The CNA used the emergency call light in the shower room to ask for help. A Licensed Practical Nurse (LPN) responded and saw that the CNA had the resident’s wheelchair and shower chair, but no other equipment like a lift to ensure the resident’s safety.

After the fall, the resident complained of pain and received Tylenol. They also received an x-ray and was diagnosed with a fractured femur.

This resident’s care plan required that they have at least two staff and a lift for all transfers, but the CNA tried to conduct multiple transfers to and from the shower area without assistance. Every resident’s care plan was posted in the resident’s closet in this facility, which was easily accessible and known to the CNA. The LPN confirmed that the CNA knew this about the resident and knew how to find each resident’s care plan.

The CNA knew that the resident required two staff for transfers and worked with the resident regularly. This signals that the CNA likely put residents in danger repeatedly, ignoring individual care plans for convenience.

The CNA was fired for this incident but had likely put many residents at risk, given that they were comfortable with taking such a big risk with the resident’s safety.

The Unit Manager did not report this incident to state authorities because they claimed there was nothing to investigate, as the CNA had chosen to ignore the policy in place to keep the resident safe.

This nursing home decided not to report this incident despite the requirement to do so, keeping it from anyone outside the nursing home. Transparency is important not only for nursing home residents but also for their loved ones who want to stay informed about the condition of care in that facility.

Nursing homes make profits from new residents; reports of neglect like this could make the difference between making a sale and losing residents they already have.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

Don’t wait. Get help for nursing home abuse today.

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Multiple cases of physical, verbal, mental abuse at Magnolia Manor – Columbia

Magnolia Manor in Columbia, South Carolina, has been cited for abuse after multiple residents were physically attacked and verbally insulted.

One Certified Nursing Assistant (CNA) threw a phone and hit a resident.

Another CNA punched a resident in the eye.

Yet another CNA verbally and mentally abused a resident.

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In the first case, the resident stated a CNA had been rude and given them two pieces of bread rather than a sandwich as a meal. The resident went to the nurse’s station to address the issue, but the CNA threw a phone at the resident instead.

The resident was hit in their upper right arm and complained of pain for days. This CNA was immediately fired.

A second resident was reviewed for physical abuse after they reported an incident with a CNA. The CNA was helping them change clothes but was treating them very roughly. The resident called the CNA an offensive name and kicked them in the chest. After this, the CNA punched the resident in the left eye. When the CNA tried to punch them in the right eye as well, the resident was able to block most of the area.

The resident was examined and had a black bruise on their left eye, with a smaller and lighter bruise on the resident’s right eye area. Thankfully, the resident did not have a headache or change in vision, which could have indicated more extensive injuries.

The CNA who punched a resident was also fired.

A third CNA verbally abused a resident about their weight as they were getting dressed.
The CNA entered the resident’s room to assist their roommate, saw that the resident was not wearing a shirt and changing in front of the dresser, and made a body-shaming comment to the resident.

The resident noted that they usually have a good relationship with this CNA, but they were uncomfortable with being made fun of in this way. They laughed in the moment but eventually reported the incident to the Activities Director.

This report shows a shocking, consistent pattern of abuse in Magnolia Manor in Columbia. The nursing staff was comfortable at various points using physical violence to punish and subdue residents, a pattern that does not develop overnight.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

Don’t wait. Get help for nursing home abuse today.

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Magnolia Manor Nursing Home Cited

The U.S. Department of Health and Human Services has cited Magnolia Manor – Inman for the injury of a resident after a CNA tried to operate a two-person lift by herself.

A resident at Magnolia Manor in Inman, South Carolina, required two personnel to operate a Hoyer lift, but on the day of the incident a Certified Nursing Assistant (CNA) attempted a transfer using the Hoyer lift by herself. This meant that while the CNA tried to place the Hoyer lift pad underneath the seated resident, the resident was dropped to the floor and fractured their right ankle.

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Later the CNA elaborated on her account, saying that the resident was eased onto the floor and did not fall unassisted. A Licensed Practical Nurse (LPN) on duty came to examine the resident after the incident. This LPN did not see any injury and contacted the resident’s physician, who recommended based on this account that the resident stay in the facility and be assessed by a Nurse Practitioner the next morning.

The resident asked to go to the hospital and immediately complained of pain in their leg. The resident continued to complain of pain and asked for an x-ray, but was told by the LPN that this was not possible without the doctor’s permission. The nurse simply told the resident to let their medications take effect and see the Nurse Practitioner in the morning.

The resident’s family eventually called Emergency Medical Services (EMS) to check on the resident. EMS recommended that the resident go to the hospital, but the resident refused. The resident had the chance to go to the hospital via EMS, but chose to stay. Why did this resident change their mind, even though they had complained of pain and asked earlier to get an x-ray?

Nursing home staff is responsible for caring for a resident, but they also have a considerable amount of power over these vulnerable individuals. It is very possible that the resident did not want to go against the opinion of the nursing staff and ignored their own health needs. This resident did end up returning to the same facility and nursing staff, increasing the chance that they were motivated to avoid upsetting the staff.

After medical treatment outside of the facility the next day, the resident went to the hospital and had a scan done, which revealed a fractured right ankle. The resident returned to the facility with a splint on the right foot and leg.

Records revealed that the Nurse Practitioner never checked on the resident. When five CNA’s were interviewed, all knew how to check a resident’s profile for instructions regarding lift protocol. The nursing home not only made the resident wait for treatment after a fall, but the Nurse Practitioner in the facility never checked on the resident, as the resident’s physician had recommended. Falls for those in a nursing home can often have lasting negative impacts on quality of life, sometimes creating additional health needs and functional limitations.

This resident had proven to be able to make their own decisions when admitted to the facility and was able to clearly communicate the incident in an interview, but not all residents have this ability. Nursing home residents are especially vulnerable and rely completely on nursing staff to care for their needs.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

Don’t wait. Get help for nursing home abuse today.

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Lancaster Convalescent Center has been cited for failure to prevent resident-to-resident sexual abuse

A Lancaster, South Carolina, senior living facility was cited after a woman was sexually abused by another resident, but this was not the first time the resident had attacked others.

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A Certified Nursing Assistant (CNA) entered a resident’s room to help her into bed but instead found another resident in a wheelchair beside the bed, touching her inappropriately.

According to the report, the woman’s shirt was pulled up and the resident was fondling her breasts.

This resident allegedly had a history of touching other residents and grabbing them inappropriately; in fact, interventions were worked into their care plan in an attempt to divert their attention, direct them away from female residents, and call their spouse as needed.

The CNA separated the residents and reported this incident to a nurse, a supervisor, and the Director of Nursing. The resident was already in a locked unit because they would often try to wander; after the CNA found them touching a female resident in her room, the nursing staff began 15-minute checks.

The resident’s Comprehensive Plan of Care addressed how to prevent the resident from grabbing female residents in a sexual manner, but it did not address their habit of wandering into other residents’ rooms or exit seeking. The facility knew about this consistently problematic behavior but they failed to both create a complete care plan and fully implement it.

The result of the facility’s failure to follow the resident’s care plan resulted in sexual abuse for other residents, a scary thing for many who lived in the facility.

The resident who was sexually abused was not able to remember the person who touched her or give identifying details. Without the witness of the CNA, this resident would not have been able to share the incident and prevent future abuse.

The facility’s duty is to safeguard all residents from abuse. While nursing home staff cannot be in every corner of the facility at all times, this facility failed to carry out the care plan they had developed for a resident known to wander and make other residents feel uncomfortable with inappropriate touching.

Like many nursing home residents with memory impairments, the woman who was attacked could not remember details about the person who touched her. Nursing home facilities are responsible for the care of vulnerable adults who depend completely on the standards that the home maintains.

Don’t wait. Get help for nursing home abuse today.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

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Resident of Blue Ridge of Sumter Nursing Home Robbed by Staff

Blue Ridge of Sumter has been cited for abuse after a resident’s credit card was used by a nursing home staff member to make online purchases, which they picked up from a nearby retail store.

The resident’s family notified the nursing home of fraudulent activity on her credit card. They found the transactions quickly, within three days of the first transaction. The resident had her credit card at the facility during this time, which made nursing home staff the first suspects. The nursing home collected 34 statements from its staff, including the person who had stolen from the resident. This staff member gave a false statement.

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The facility gave the local sheriff’s office the statements it had collected, and a detective continued investigating.

The credit card company notified the resident that her card had been charged $300.00, then $213.00, and then $80.00. The purchased items were all sent to a retail store, where the thief was photographed. The detective took this photograph to the nursing home, and the thief was quickly identified as one of the Certified Nursing Assistants (CNAs) on staff. The CNA was taken from the facility and placed under arrest.

This CNA was charged with exploitation of a vulnerable adult and financial transaction card theft. The nursing home also confirmed that the CNA had made these purchases while in the facility.
As a result of the investigation, the resident’s credit card company issued a full refund for the stolen money.

Afterwards, the facility conducted an educational session for all staff regarding the use of residents’ property and the consequences of illegal actions. Residents were also reminded that they should have their families hold on to valuable items and could always place valuables in the facility’s safe.

This resident’s family trusted the nursing home would protect her. The nursing home had policies to prevent abuse and misappropriation of resident property; however, this did not stop a staff member from stealing this vulnerable woman’s card and shopping online while still in the nursing home building.

Not all nursing home residents are able to rely on friends and family to ensure their safety. Without the fraudulent activity notice and family members who were able to respond quickly, this resident may have continued to be a victim. With daily access to residents’ belongings, the CNA in this scenario may have been able to steal from other residents previously.

If you suspect nursing home abuse, we will provide a free, confidential case evaluation with no obligation to hire us. With nearly 250 years of shared experience, Joye Law Firm attorneys are consistently recognized by clients and peers at the highest level of professional excellence. We make sure to fight hard for our clients and are honest with them every step of the way.

Don’t wait. Get help for nursing home abuse today.

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