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The global COVID-19 pandemic has hit everyone hard, but most especially the elderly and at-risk populations. The virus is still raging through much of the United States, including areas of Kentucky, and measures are being taken to protect vulnerable nursing home residents from the disease.

According to AAPR and the Cabinet for Health and Family Services of Kentucky, nursing home facilities in Kentucky are allowing family members visitation, but only if they schedule the visits during specified hours. They also require all individuals to wear masks and practice social distancing. By limiting contact and taking enhancing safety precautions, nursing homes are taking strides to ensure an outbreak doesn’t take place and doesn’t take lives.

Yet, an increasing number of people are following the “better safe than sorry” route and are limiting visits or cutting them out altogether so as not to expose vulnerable family members to the virus. However, some news outlets are reporting that while fewer visits may mean fewer outbreaks, the reduction in visits to nursing homes is also having an unintended consequence – fewer reports of nursing home abuse.

California State Ombudsman Joseph Rodrigues serves as an unofficial nursing home watchdog, and he claims that reports of nursing home abuse to his office alone have declined 44 percent since the start of the pandemic.

Social Isolation Risk for Nursing Home Abuse

New medical studies cite social isolation as a risk factor for elder abuse. This isolation and lack of contact with the outside world means that family members may not be getting the full picture when it comes to how their loved one is being treated in a nursing home setting. This limited contact may be partially responsible for the decline in reported abuse cases.

Family members are typically the ones that notice and report potential nursing home abuse cases. When a family member visits or has contact with a loved one, they pick up on telltale signs of abuse like changes in appearance, behavior, or attitude. They may also spot bruises, unusual marks or bedsores, and patterns like frequent injuries or infections. Limited interaction with nursing home residents could mean that these critical warning signs are now being missed.

The same medical studies also put into context COVID-19’s impact on overworked caregivers. Nursing home caregivers are being stretched thin. In many facilities, there are already not enough caregivers to properly manage residents’ needs, and resources may be limited. In addition to not having enough caregivers, the ones on staff may be overworked, underpaid, stressed, and anxious. Caregivers in this frustrated and emotional state may be more likely to lash out at residents either verbally or physically, or they may become so overwhelmed that they neglect residents altogether.

So, what is the answer? While the pandemic continues, one of the most important things you can do for your elderly family members is to be there for them, even when you can’t physically be present. Stay in touch, use technology, or pick up the phone. Let them know that they are not alone and that they can come to you about anything. You are the first line of defense when it comes to preventing and reporting nursing home abuse.

Hare, Wynn, Newell & Newton, LLP Can Help

If something seems off to you about the care or treatment your loved one is receiving in a nursing home facility, contact the Kentucky nursing home legal team at Hare, Wynn, Newell & Newton, LLP. We can investigate claims of abuse and make sure the rights of your cherished loved one are protected. Stop their suffering, call (859) 550-2900 for a case evaluation today.

Two people in Mobile County face six counts of elder abuse in a group home where officials said six elderly men were found in “deplorable” conditions in May 2020.

Police were called to the home after reports that a man had fallen outside. The officers found five other men inside who appeared to be malnourished, in poor condition, and surrounded by human waste and vermin.

In October 2020, Mobile County District Judge Spiro Cheriogotis found probable cause to send the case against Donny Owens and his wife, Tilena Owens, to a grand jury.

The group home was reportedly staffed by only one employee, who worked five days a week from about 8 am to 5 pm. The employee, who has not been charged with any crime, told investigators that she fed the residents on a meal plan designed by the Owens couple, and that food and medicine cabinets were locked when she was not there.

The police officer who first arrived at the group home, Jonathan Bush, testified that there was evidence that the men were not receiving adequate nutrition, apparently having at least once all shared a box of macaroni and cheese for a single meal.

Bush also testified that they found one of the victims confined to a chair with an infected open wound that was infested with flies and maggots. When this victim was transferred to the hospital, doctors said they might have to amputate the leg.

Another victim was apparently suffering from schizophrenia and was physically unstable and in danger of falling. This victim also had open sores on his feet. Doctors reported that this victim’s health condition warranted 24/7 medical care, even though the home’s one employee only worked a 9-hour shift.

The lawyer representing the Owens, Dennis Knizley, disputed the claims.

“I don’t think you’re going to find any urine. You’re not going to find feces or find any roaches,” he commented after a hearing.

Knizley also asserted that there was apparently no photographic evidence of the scene where the men were found.

Contact an Alabama elder abuse attorney today

The horrific scenes described in the Mobile County case echo many nursing home and elder abuse cases from across the state. Older adults are less able to advocate for themselves and are vulnerable to abuse and neglect from negligent caretakers or nursing home operators.

If you believe that your loved one has been a victim of nursing home abuse or elder abuse, you should contact an attorney right away. While elder abuse is a criminal charge, you may also be eligible to file a civil lawsuit against the party that perpetrated the abuse against your loved one. You may be able to recover compensation for your loved one’s medical bills and pain and suffering. We understand that compensation cannot heal the pain of seeing your loved one suffer after experiencing elder abuse, but compensation can help reduce financial stress while your loved one and your family recover.

At Hare, Wynn, Newell & Newton, LLP, we understand the devastating impact that elder abuse can have on families. We are here to support you with your legal effort during this difficult time. Call us at (859) 550-2900 to schedule your free consultation.

Whistleblowers are vitally important during a time of national crisis. The False Claims Act is the primary weapon used by the Department of Justice to combat fraud on the federal government. It was written by President Abraham Lincoln during another time of national crisis – the Civil War. Lincoln wrote the law to enlist the public as private attorneys general to combat rampant defense contracting fraud that was undermining the army. The False Claims Act empowers private citizens with knowledge of fraud on the federal government to hire a lawyer and file suit on behalf of the United States to recover funds wrongfully taken from our federal treasury. For the whistleblower’s efforts in exposing and providing evidence of the fraud, the whistleblower can be awarded between 15-30% of the Government’s recovery.

Report COVID-19 Stimulus Fraudsters

During the time of the COVID-19 crisis and the $2.2 trillion-dollar stimulus enacted by Congress to address the economic impacts of the virus, unscrupulous businesses and individuals are likely to try and take advantage and wrongfully obtain our tax dollars that were meant to help those truly in need.

This fraud may come in many forms: fraudulently claiming eligibility on an application for loans or grants for which the person or business does not qualify; obtaining payroll protection loans and then fraudulently claiming the business met the requirements to have the loans forgiven; fraud in providing equipment or supplies the Government has ordered to combat the virus; falsifying quality tests for equipment ordered by the Government to combat the virus; fraudulently claiming eligibility for stimulus funds for which an individual or business does not qualify. We need courageous whistleblowers to step forward and report this type of fraud.

Liability under the False Claims Act

The False Claims Act holds fraudsters liable in a variety of ways. Liability under is statutory and is based upon a violation of one of the seven subsections of the FCA found in 31 U.S.C. §3729(a)(1). The primary violations are:

(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);
(D) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property;
(E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or
(G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government.”

Damages

If a defendant is found guilty of violating one of the seven false claim subsections, 31 U.S.C. §3729(a) provides that the court shall assess “three times the amount of damages which the government sustains because of the act of that person…” The calculation of damages is simply stated – that is damages are the difference between what the government actually paid minus what the government either received or should have paid had the claim or statement not been false. If the Government loans or grants money based on a falsified application, the damages can be three times the amount of the loan or grant.

In addition to those damages, the court must also assess a civil penalty of not less than $5,500 and not more than $11,000 (currently $11,665 to $23,331) for each false claim. For example, each falsified application for stimulus funds, each falsified application for a stimulus grant, each over inflated or falsified invoice, each falsified quality certification, electronic healthcare claim for payment, UB-92, CMS form 1500 submitted for payment would be a separate false claim subject to penalty. The same is true for any document created or submitted to support the claim.

The Whistleblower’s Share

For the whistleblower’s efforts in bringing the fraud and evidence to the attention of the government and prosecuting the lawsuit, a qualifying whistleblower is entitled to share in any recovery by way of verdict or settlement. The amount of the whistleblower’s share is between 15-30% of the recovery depending on a number of factors and the amount of assistance the whistleblower and his or her lawyer provided to the Government.

How to Report COVID-19 Stimulus Fraud to the Government

The attorneys at Hare, Wynn, Newell & Newton, LLP have over 60 years of experience handling False Claims Act cases and have recovered over $1.7 billion for the United States Treasury. We can help you prepare your evidence for reporting to the Government so that your case receives the attention it deserves. Contact Hare, Wynn, Newell & Newton, LLP for a free consultation on how we can represent you in reporting fraud to government so our stolen tax dollars can be recovered, and you can be rewarded for your efforts and evidence. We handle False Claims Act cases on a contingency basis. If you don’t recover a whistleblower award, there is no fee for our services.

There are more details regarding a car crash that injured three construction workers.

The crash happened around 4 pm on Tuesday, on the Bluegrass Parkway.

Dillan Waldridge hit Lucas Guinn, Ronald Bickers, and John Wayne Conway while they were paving the road because he was unable to slow his vehicle down.

Guinn and Bickers were taken to University of Kentucky Hospital in critical condition.

Meanwhile, Conway was treated at the scene and was released.

An injury crash closed down Georgetown Road.

Details regarding the injuries are unavailable.

It is unclear when the road will be reopened.

A person is dead after a car crashed head-on.

The incident happened on Spout Springs Road, around 7:30 am.

No further details are available.

Further investigations are ongoing.

Two people were taken to the hospital after a car crash.

The incident occurred at the intersection of Parkers Mill Road and Man O’ War Boulevard, Wednesday morning.

A silver sedan crashed because the driver was drunk.

Parkers Mill Road was closed for more than an hour as crews clean up the scene.

A person died while two others were injured after a car crash.

The incident happened on I-24, around 4:20 pm, November 19.

24-year old Jaryonlee Wells was driving her 2007 silver Chevrolet Cobalt when it crashed into a tree.

One of her passengers, 22-year-old Heidi Renter, was pronounced deceased at the scene.

Meanwhile, one-year-old Elyonha Wells, and Jaryonlee Wells were sent to the hospital.

A woman who died after being hit by a car has been identified.

Pamela Shepard was walking in the middle of US 127 at McAfee Lane late Monday night.

The driver who struck her was not charged.

A man was charged with criminal abuse after injuring an autistic child.

The incident happened on Monday.

Gideon Wesley allegedly pulled the child by the neck after he knocked a gun rack off the wall.

The child suffered bruises on their face, neck, and ears.