Yearly archive - 2015

Colorado Attorneys specializing in Nursing Home Neglect & Abuse, Medical Malpractice, Consumer Protection and Civil Rights

Wrongful death, Colorado Consumer Protection Act and fraud lawsuit filed against assisted living facility for resident-on-resident abuse leading to death

The Law Offices of J.M. Reinan, P.C. filed a lawsuit today in the United States District Court for the District of Colorado on behalf of the surviving spouse of Gerald Propp. According to his death certificate, Mr. Propp died on February 23, 2015 of complications of blunt force injuries of the head.

According to the lawsuit, Mr. Propp was a resident at Atria Park at Applewood, an assisted living facility located in Lakewood, Colorado. The suit alleges that Mr. Propp was placed at the facility in the Spring of 2014 due to his increasing dementia and based on the facility’s oral and written promises of twenty-four hour professional care and particular specialization in Alzheimer’s services. Mr. Propp’s wife toured numerous other facilities prior to deciding to place her husband at Atria based on its promises and representations.

The lawsuit further alleges that in December, 2014 Atria admitted another resident that it knew exhibited “significant behavior problems that seriously disrupt the rights of other residents,” and that “Atria knew, at the time of [the other resident’s] admission [he] had a propensity for exhibiting destructive and intentionally dangerous physical behaviors . . .”

This other resident was assigned as Mr. Propp’s roommate.

The suit alleges that during the end of 2014 and beginning of 2015 there were numerous incidences of this other resident’s aggressive and intentionally violent conduct, but that appropriate measures were not taken in response to protect Mr. Propp and other vulnerable residents at the facility. On or around February 9, 2015 this resident physically attacked Mr. Propp, “result(ing) in visible injuries, including scratches and redness to the back of Mr. Propp’s neck. Atria’s executive director later told the [Colorado Department of Public Health and Environment] that this incident was investigated and was found not to be an instance of resident-on-resident abuse.”

On February 20, 2015, at approximately 1:00 p.m., the suit claims that this other resident again became agitated with Mr. Propp, resulting in an actual or threatened physical altercation.

On the morning of February 21, 2015, “an Atria caregiver heard Mr. Propp scream out for help. Upon arriving, one of the caregivers saw [the other resident] walking away from Mr. Propp’s bed. [He] was covered in blood and had blood all over the hands. [The other resident] told the caregiver, ‘If he says one more word, I’m going to kill him.’”

According to the suit, 911 was called and Mr. Propp was emergently transferred to the hospital where he was diagnosed with multiple facial fractures, including a broken nose, as well as multiple brain bleeds and a traumatic brain injury. Mr. Propp died two days later.

Mr. Propp’s wife has brought claims for Negligence Resulting in Wrongful Death, Violation of the Colorado Consumer Protection Act and Fraud.
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To see how the media covered this story, click on a link below:

http://www.westword.com/news/homer-castor-busted-for-killing-fellow-alzheimers-patient-gerald-propp-34-6579892

http://www.cbsnews.com/news/police-alzheimers-patient-87-kills-roommate-at-facility/

http://www.9news.com/story/news/crime/2015/02/24/assisted-living-home-death/23935225/

http://www.9news.com/story/news/crime/2015/03/02/homer-castor-murder-extension/24257385/

http://www.usatoday.com/story/news/nation/2015/02/25/man-with-alzheimers-allegedly-beats-kills-other-patient/23982243/

http://denver.cbslocal.com/2015/02/24/police-alzheimers-patient-87-kills-roommate-at-lakewood-facility/

http://www.denverpost.com/news/ci_27588821/lakewood-police-87-year-old-beat-fellow-assisted

http://www.nydailynews.com/news/national/colo-alzheimer-patient-kills-dementia-ward-roommate-cops-article-1.2129019

http://www.thedenverchannel.com/news/front-range/lakewood/fight-in-assisted-living-facility-leads-to-homicide-charges-in-lakewood

http://www.thedenverchannel.com/lifestyle/health/fight-between-alzheimers-patients-ends-in-murder-men-shared-room-at-atria-applewood-in-lakewood3052015

Law Offices of J.M. Reinan obtains $3.7 million verdict against drug treatment facility

Click the links below to read the Denver Post articles on the case and the verdict:

Denver verdict: $3.7 million against drug treatment facility

State, federal lawsuits accuse founder of Denver-area clinic of fraud

Law Offices of J.M. Reinan obtains $3.7 million verdict against drug treatment facility

Read the Denver Post article below:

Denver verdict: $3.7 million against drug treatment facility

Jordana Gingrass Named Colorado Rising Star by Super Lawyers

The 2015 list of Colorado Rising Stars was just announced, and the Law Offices of J.M. Reinan, P.C.’s very own Jordana Gingrass was selected!  Super Lawyers selects only 2.5% of licensed active attorneys in Colorado as Rising Stars, which makes this recognition a nice accolade.

 

Congratulations to all of this year’s Rising Stars! The sky’s the limit . . .

 

To view the listing, follow this link: Super Lawyers – Colorado 2015 Rising Stars

 

Safety, Violence and Mental Health Issues in Care Facilities

The Advanced Elder Law Institute, through the Colorado Bar Association CLE, will hold a seminar March 5-6, 2015 to address care, safety and legal issues surrounding Colorado’s elderly.  The seminar’s focus is “Protecting Our Elders Financially, Medically and Legally,” which is right in line with a primary mission of the Law Offices of J.M. Reinan, P.C.

 

J Reinan will make a presentation at the seminar concerning Safety, Violence and Mental Health Issues in Care Facilities on March 5, in which he will discuss violence, abuse and mental health issues in nursing homes and other care facilities.  This includes, among other things, resident on resident abuse; staff on resident abuse; injuries of unknown origin; psychotropic medication mismanagement; unsafe resident mixes among residents with known behavioral issues; and unsafe retention of residents in assisted living facilities whose behavioral and/or physical needs exceed the capabilities of an assisted living facility.

 

Other program highlights and information are contained below:

 

KEYNOTE PRESENTATION: Perspective from the Bench on Probate Appellate Issues Presented by Colorado Supreme Court Justice Brian Boatright

 

 

Program Description:

 

As we age, we become more vulnerable to abuse: physically, financially, medically, and socially. As trusted counsel, we are called upon not only to give legal advice, but also to lend a helping hand in the myriad of complex areas elderly people face, oftentimes without the help of nearby family or friends.

 

The Advanced Elder Law Institute provides fascinating and cutting-edge information on these very issues, including physician-assisted death, financial exploitation of the elderly, how to advise your clients on what services your community provides, and so much more.

 

AGENDA:

 

Thursday, March 5, 2015

 

8:30am

Registration and Continental Breakfast

 

9:00am

Welcome and Introduction

Extended by M. Carl Glatstein, Esq., and Jennifer S. Gormley, Esq., Program Co-Chairs

 

9:10am

The Affordable Care Act as It Relates to Elders, Medicaid/Medicare, Funding and Public Policy

Presented by Mary Catherine Rabbitt, Esq.

 

10:00am

Networking Break

 

10:10am

“Doctor, Will You Please Help Me Die?”

An Exploration of the Medical, Ethical, and Legal Aspects of Decisions at the End of Life

Presented by Richard Martinez, MD, MH, Daniel Johnson, MD, FAAHPM, and Casey Frank, Esq., MPH

 

11:40am

Lunch on Your Own

 

1:00pm

Guardians ad Litem

Use of GALs; Recent Changes in the Law; Orders

Presented by Madeline Duncan, Esq.

 

1:50pm

Use of Care Managers in Elder Law

Mandatory Reporting, Self-Neglect and Other Issues

Presented by Karen Buchanan, RN, BSN

 

2:40pm

Networking Break

 

2:50pm

Case Law and Legislative Update

JDF Forms and e-Filing

Presented by Jamie Roth, Esq.

 

3:40pm

Safety, Violence and Mental Health Issues in Care Facilities

Presented by J.M. Reinan, Esq.

 

4:30pm

Adjourn

 

 

Friday, March 6, 2015

 

8:55am

Welcome Back and Announcements

 

9:00am

Keynote Presentation

Perspective from the Bench on Probate Appellate Issues

Presented by Justice Brian Boatright

 

9:50am

Equal Protection for Disabled Individuals Funding Supplemental Needs Trusts After Age 65

Presented by Jennifer Gormley, Esq.

 

10:40am

Networking Break

 

10:50am

Ethics in Elder Law

Client Identification, Confidentiality, Conflicts and Family Dynamic

Presented by Professor Rebecca Morgan, Stetson University

 

11:40am

Financial Exploitation of Our Elders

Learn how investigators “follow the money” to understand and document the  information provided to law enforcement or APS agencies so they can hold people accountable for taking advantage of the elderly. Attorneys can also use this information in any type trial proceeding.

Presented by Doug Cash, MBA, CFE, CFI, CFCI, Eide Bailly

 

12:20pm

Lunch on Your Own

 

1:30pm

Interdisciplinary Approaches to Providing Guardianship Services

Presented by Charles Golbert, Deputy Public Guardian, Cook County, IL

 

2:20pm

Understanding Aging Demographic Trends and Advising Your Clients on Community Based Service Options

Presented by Jayla Sanchez Warren, Director, DRCOG – Area Agency on Aging, and John Zabawa, President/CEO, Seniors’ Resource Center

 

3:10pm

Networking Break

 

3:20pm

Protective Proceeding Monitors and Life After the Probate Audit

What the Auditor’s Office Does, How They Work with the Courts and Parties; If the Auditor’s Office Files Charges or Takes Action, What Happens When a Fiduciary Breaches His/Her Duties; Nuts and Bolts

Presented by Brian Rulla, Esq., Senior Auditor

 

4:10pm

Adjourn