When a family finds itself in the unfortunate position of dealing with the abuse and neglect of a loved one at the hands of a nursing facility, they often turn to the law for help. Sometimes, the owners of these nursing homes try to avoid paying settlements by selling or transferring assets. That doesn’t stop the courts from forcing them to pay.
On January 22, 2015, a federal jury ruled that Ron. E. Lusk of Dallas, Texas must pay a $1.6 million dollar settlement. Lusk was the former owner of Quail Creek Nursing and Rehabilitaion Center. He had previously transferred funds from the nursing home’s bank accounts to avoid paying the judgements.
The nursing home, located in Oaklahoma City, was the subject of two cases of abuse and neglect.
The first judgement was awarded to the three daughters of one of the patients of the facility. Eryetha Mayberry’s daughters were awarded $1.21 million after they sued the nursing home for mental and physical abuse.
Court documents show that there was videotape evidence of the physical and mental abuse. They show staff of the nursing home shoving a rubber glove into the victim’s mouth as well as slapping the woman in the face. The video documents further abuse by throwing the victim onto the bed and striking her in the chest.
The video was taped in April of 2012. Mayberry died in July. She was 96.
In a second case, a jury awarded $349,427 to Tim Kingsbury in the death of his mother, Rachel Mary Kingsbury. Kingsbury’s mother choked to death on September 14, 2006. Quail Creek nursing staff fed his mother food that she could not swallow. His mother had been on a special died due to difficulties swallowing. She was 86.
If you believe that a family member or a friend has suffered abuse or neglect at the hands of a nursing home, contact the offices of Schenk Smith. Our attorneys specialize in this type of litigation. Contact us today.
