Settlement of a Case Involving the Sexual Assault of Two Elderly Residents by an Employee of the Nursing Home Facility
G.S. and M.K. were roommates at a skilled nursing facility in Cuba, Missouri. G.S. suffered from Parkinson's disease but suffered no cognitive problems. M.K. suffered from mild dementia. One night while they slept, a facility employee came into their room and forced each of them to perform oral sex on him. G.S. called for help, but no one came.
The following morning, M.K. was distraught and crying. She told nursing home employees that a man had come into her room and "put his bottom" on her face. Employees took her to breakfast. After breakfast, G.S. also confirmed that a man had come into her room and hurt her. A nursing home employee reported the statements to the Administrator and Director of Nursing at approximately 8:45 a.m. Rather than immediately calling the police, the Administrator called the corporate office, then promptly began an "internal investigation". During the course of the Administrator's investigation, G.S. and M.K. were bathed, their bed sheets and bed clothes washed, and their room cleaned. Effectively, any physical evidence that might have been collected during a police investigation was compromised or destroyed.
Family members were told of the "alleged" assault during the morning hours. They asked when the police were going to be called and were told that the facility had to complete their internal investigation before calling the police. Family members were not told that the delay in calling police violated a facility policy that clearly stated that police were to be called immediately upon an allegation of sexual assault. Finally, around 3:00 p.m., a family member contacted the police, who came to the facility to investigate. The facility never contacted the police.
The sexual attack suffered by G.S. and M.K. dramatically affected their lives. M.K., who was in her nineties at the time of the attack, lived one more year. During the course of the year, she was often crying hysterically and asking if the "bad man" was going to come back and hurt her. She repeatedly stated "nasty, nasty, nasty" or "I'm dirty" or "I'm pregnant". She even commented that she was "going to hell" because of what happened to her. G.S. was also seriously affected by the attack. For the rest of her life, she was afraid of men, lost her sense of humor, and became fearful.
A lawsuit was initiated against the facility for the negligent hiring and supervision of the employee who perpetrated the sexual assault. The perpetrating employee had only been employed at the facility for approximately one week. While a criminal background check on the employee had been completed and came back with no convictions, the Administrator had received a telephone call from a relative of his informing her that he was sexually inappropriate with children and others and that he was a danger to the nursing home residents. The Administrator called a meeting between herself, the Director of Nursing (DON), and the Assistant Director of Nursing (ADON) and informed them of the phone call. In her deposition, the ADON testified that she told the Administrator and DON that the employee should be immediately removed from the working schedule until these allegations could be investigated. After the meeting, she prepared a new schedule removing the employee and distributed it to her superiors. She then left the facility for the weekend. For reasons that could not be explained, the Administrator and and/or DON chose not to implement the new schedule, nor was the employee questioned about the allegations. Rather, he was allowed to roam freely throughout the facility with no supervision the next evening he worked. Taking advantage of the lack of supervision, he attacked G.S. and M.K. the very next time he worked.
During the discovery phase of the lawsuit, evidence was found that various facility reports about the attack had been manipulated by facility staff. Corporate policy required that incidents involving the allegation of sexual assault be reported to the police "IMMEDIATELY". However, some of these pages that had been provided to the State of Missouri, Department of Health and Senior Services had been altered, with the "IMMEDIATELY" having been deleted from the form.
Originally, these two cases were filed individually but were subsequently consolidated by the Court. The case was settled for a large amount of money. Although the terms of the settlement were not confidential, the families have requested that the amount not be disclosed.
Return to Recent Results.
The following morning, M.K. was distraught and crying. She told nursing home employees that a man had come into her room and "put his bottom" on her face. Employees took her to breakfast. After breakfast, G.S. also confirmed that a man had come into her room and hurt her. A nursing home employee reported the statements to the Administrator and Director of Nursing at approximately 8:45 a.m. Rather than immediately calling the police, the Administrator called the corporate office, then promptly began an "internal investigation". During the course of the Administrator's investigation, G.S. and M.K. were bathed, their bed sheets and bed clothes washed, and their room cleaned. Effectively, any physical evidence that might have been collected during a police investigation was compromised or destroyed.
Family members were told of the "alleged" assault during the morning hours. They asked when the police were going to be called and were told that the facility had to complete their internal investigation before calling the police. Family members were not told that the delay in calling police violated a facility policy that clearly stated that police were to be called immediately upon an allegation of sexual assault. Finally, around 3:00 p.m., a family member contacted the police, who came to the facility to investigate. The facility never contacted the police.
The sexual attack suffered by G.S. and M.K. dramatically affected their lives. M.K., who was in her nineties at the time of the attack, lived one more year. During the course of the year, she was often crying hysterically and asking if the "bad man" was going to come back and hurt her. She repeatedly stated "nasty, nasty, nasty" or "I'm dirty" or "I'm pregnant". She even commented that she was "going to hell" because of what happened to her. G.S. was also seriously affected by the attack. For the rest of her life, she was afraid of men, lost her sense of humor, and became fearful.
A lawsuit was initiated against the facility for the negligent hiring and supervision of the employee who perpetrated the sexual assault. The perpetrating employee had only been employed at the facility for approximately one week. While a criminal background check on the employee had been completed and came back with no convictions, the Administrator had received a telephone call from a relative of his informing her that he was sexually inappropriate with children and others and that he was a danger to the nursing home residents. The Administrator called a meeting between herself, the Director of Nursing (DON), and the Assistant Director of Nursing (ADON) and informed them of the phone call. In her deposition, the ADON testified that she told the Administrator and DON that the employee should be immediately removed from the working schedule until these allegations could be investigated. After the meeting, she prepared a new schedule removing the employee and distributed it to her superiors. She then left the facility for the weekend. For reasons that could not be explained, the Administrator and and/or DON chose not to implement the new schedule, nor was the employee questioned about the allegations. Rather, he was allowed to roam freely throughout the facility with no supervision the next evening he worked. Taking advantage of the lack of supervision, he attacked G.S. and M.K. the very next time he worked.
During the discovery phase of the lawsuit, evidence was found that various facility reports about the attack had been manipulated by facility staff. Corporate policy required that incidents involving the allegation of sexual assault be reported to the police "IMMEDIATELY". However, some of these pages that had been provided to the State of Missouri, Department of Health and Senior Services had been altered, with the "IMMEDIATELY" having been deleted from the form.
Originally, these two cases were filed individually but were subsequently consolidated by the Court. The case was settled for a large amount of money. Although the terms of the settlement were not confidential, the families have requested that the amount not be disclosed.
Return to Recent Results.
