From KD: After 14 harrowing abusive deaths of the elderly: Why isn’t this nursing home closed yet?

http://www.miamiherald.com/news/health-care/article178481256.html

Feds to cut Medicare for Hollywood Hills nursing home after residents died

OCTOBER 12, 2017 1:53 PM

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From KKD: New drugging scandal coming to nursing homes: Nuedextra, a chemical restraint masquerading as a “real” drug for a “real” condition when it’s not.

Nursing Homes abusively drugging elderly patients with mind-altering drug

Friday, October 13, 2017 by: Isabelle Z.

(Natural News) We’ve heard a lot in recent years about nursing homes overmedicating their patients with psych drugs to sedate them in order to make them easier to manage, a heartless practice that puts their lives in jeopardy. This still occurs to a disturbing degree, but tighter regulations by the government on dangerous antipsychotic drugs have forced doctors and nursing homes to be a bit more creative about how they go about medically controlling patients they consider unruly.

Enter pharmaceutical company Avanir and its little red pill called Nuedexta, which is a combination of a generic heart medication and cough suppressant and has a similar calming effect on patients. There’s just one small glitch, however: Nuedexta has only been approved to treat a disorder called pseudobulbar effect, or PBA. Marked by sudden episodes of uncontrollable crying or laughing, it affects only a tiny portion of Americans – less than 1 percent – and is mainly found in those suffering from ALS or MS.

Why, then, has the number of pills for this rare condition jumped by 400 percent in just four years, bringing the total sales of Nuedexta close to $300 million last year? The answer can be found in Avanir’s aggressive sales push to expand the use of the drug among elderly patients who have Alzheimer’s and other forms of dementia. Hoping to exploit this huge and ever-growing potential customer base, their savvy marketers and sales people have been trying to convince doctors to diagnose patients who are difficult to manage with PBA so they can be given the drug – and they’ve found plenty of doctors who are willing to play ball.

A very thorough investigation by CNN exposes the lengths this company has gone to in order to get the drug to as many people as possible, even though in many cases it is not only unnecessary but also quite dangerous. The prescribing information for the drug itself clearly states that it has not been studied extensively in elderly patients, making this widespread use little more than an uncontrolled experiment on uninformed participants. The single study that was carried out on Alzheimer’s patients actually found that those who took the pill had twice as many falls as those taking a placebo, and many people have reported a severe decline in their loved ones’ conditions after going on the medication.

The company insists that PBA is “misunderstood,” and their website states it can affect as many as 40 percent of dementia patients, but this figure is based on a survey the drug maker funded themselves and has been disputed repeatedly by experts. In fact, geriatric physicians and other medical experts informed CNN that PBA only affects less than five percent of dementia patients.

Another questionable FDA approval

During the drug’s FDA approval process, two of the key doctors on the committee expressed concerns about using Nuedexta for PBA in people with Alzheimer’s, strongly recommending that the drug only be approved for PBA in those with ALS or MS. They said that there wasn’t enough information about its safety, evidence of its efficacy was weak, and that it wasn’t even clear if Alzheimer’s patients can have PBA in the first place. Nevertheless, the agency approved the drug for PBA in neurological conditions like dementia. It didn’t take long for the first reports to come through of adverse events, from rashes and dizziness all the way to comas and even death.

Doctor payouts common

State regulators have found plenty of instances where doctors are inappropriately diagnosing patients in nursing homes with the condition for the express purpose of justifying Nuedexta use, with salespeople deliberately targeting facilities that had records of using high levels of antipsychotics before the crackdown and would therefore be more receptive to using Nuedexta.

One Los Angeles nursing home had placed more than a quarter of its residents on the drug, and it was discovered that the facility’s psychiatrist was a paid speaker for Avanir who had given a talk about the medication to employees. An employee at another California facility admitted that a resident was given a false PBA diagnosis to justify Nuedexta in hopes of controlling the resident’s “mood disturbances.”

Avanir paid out nearly $14 million for Nuedexta-related consulting and promotional speaking from 2013 to 2016, and they spent $4.6 million on dining and travel costs for speakers and doctors who salespeople were courting. Not surprisingly, Medicare’s top prescriber of the drug in 2015 had been given $612,000 in payments, travel and meals from Avanir. As long as these practices are allowed to continue, we will probably see much more of this type of behavior. That’s why it’s always a good idea to pay close attention to the medications your elderly loved ones are being prescribed and question whether they are truly necessary.

Sources include:

The opioid usage in nursing homes has also been documented and the conclusion that is being suggested is that an elderly person is kidnapped and thrown into a nursing home.   Therein he/she is doped in a state wherein the elderly person is absolutely helpless.   This allow complete control and the miscreants to reap every dollar of HEALTH CARE FUNDS and the entire estate of the person. 
It is no wonder that dishonorable members of the Political and Judicial elite are so anxious to go the extra mile to protect the criminal enterprise.   I hope that people of conscience and good will WILL JOIN IN THE FIGHT to make America safe to grow old!

From GG and CBS news–Threats and Dishonest Services caught on video by Ald. Moreno

2 Investigators: Alderman Threatens To Ruin Landlord’s Business

 

When Chicago graft and corruption is caught on video……

This is the dark side of Chicago everyone knows about. You tick off your alderman, you’re good as dead.

Obviously this guy Moreno is a psychopath and needs to be tested with a PET brain scan and removed–if the FBI doesn’t just give him a set of matching silver bracelets for threats, malfeasance, misfeasance and Dishonest Services.

(CBS) – A building owner says a Chicago alderman threatened him over the closing of the Double Door music club – comments that were caught on cell phone video.

What the alderman said is raising questions about his power and whether he went too far.

2 Investigator Dave Savini reports.

The video shows Ald. Proco Joe Moreno (1st) talking with building owner Brian Strauss.

“I’m going to tell you right now, I don’t trust you,” Moreno says.

“Don’t trust me for what?” Strauss asks.

“I don’t trust your word. I don’t think you’re a man,” the alderman responds.

At one point, Moreno points in Strauss’s face.

The building they are standing in front of — and arguing about — is at the corner of Milwaukee and Damen. It housed historic music venue Double Door for two decades, until Strauss evicted the business in February.

Strauss said the video was taken the day of the eviction. The alderman knew he was being recorded, he says.

In the video, Moreno says he’s upset over the “tragedy” of the club’s closing.

“It’s a part of life,” Strauss says.

“Right,” Moreno says. “And part of life is also that you’re not going to have a tenant in here for three years.”

The fight reportedly stems from Moreno wanting to keep the Double Door, a campaign donor, in the building.

I felt that he was intimidating me and that that he was threatening me,” Strauss tells Savini.

Strauss claims the alderman tried to convince him, at a City Hall meeting, to sell the building to Double Door for millions less than its worth. Strauss said no.

While Strauss fought in court to vacate Double Door’s lease, Moreno introduced an ordinance to change the building’s zoning. Called “down zoning,” it would restrict the type of commercial and residential renters Strauss can sign.

“You can’t sign new leases for your tenants,” Moreno says. “It’s going to be an empty building with no income for you or your family. End of conversation.”

Faisal Khan, the former Chicago Inspector General, now runs government watchdog group Project Six, which has reported on the incident.

“It’s business owner’s worse nightmare,” Khan says about what was on the video. “What troubled me the most were the aldermanic threats.”

One of the threats involved sending building inspectors to the site.

“I’m going to have inspectors here on a daily basis, you watch,” Moreno says.

Strauss responds: “Listen, you can threaten me all you want.”

“I’m not threatening you,” Moreno says. He predicts the building owner would come back to him, on his knees.”

Reached by Savini, Moreno says he has done nothing wrong.

“I’m glad the video is out there,” he says.

“That’s the way it goes. People get heated.”

As the argument ended on the tape, Moreno walked over to one of the Double Door owners, shook hands and said, “I can’t be more frank than that.”

Moreno says it’s his job to protect community institutions like Double Door. He also says there are a lot of problems at the building and he wants to make sure the building is safe.

Strauss says any past violations were minor and have been repaired or in the process of repair. He plans to sell the building to a private developer.

The Double Door’s Sean Mulroney issued his own account of the lease dispute:

“After extended litigation and extensive settlement discussions, Mr. Strauss decided to lock out Double Door from the place where we had been a tenant for almost 24 years. Mr. Strauss terminated the lease under particularly dishonest circumstances after accepting substantial additional monies from Double Door and realizing the benefit of almost $100,000 in improvements just a year prior.

At the request of the Mayor’s office and with the participation of Alderman Moreno, Alderman Solis and Commissioner Reifman, the parties attempted to work through the matter and provide a reasonable solution for all. Mr. Strauss did not participate in good faith. It was at that meeting the he was informed that the change in zoning was not an unusual step for an alderman to take in order to protect the integrity of the community. In this case Milwaukee Avenue is a protected boulevard and consequently, there is a heightened need to insure that any new use conform with that designation and the wishes of the community.

Double Door no longer has any skin in the game so to speak. We are excited about the prospect of reopening in a space with a landlord that appreciates being paid on time and without issue. We were grateful for the attention of Alderman Moreno and worked closely with him to be a part of Wicker Park, just as we did with his predecessor, Alderman Manny Flores.

Mr. Strauss has been mis-advised and poorly represented by the counsel he chose to represent him. It would have been to his benefit to have hired an attorney with experience in city and zoning matters. All the information was there in front of him. He just didn’t want to see it.”
Dave Savini
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Award-winning Chicago journalist Dave Savini serves as investigative reporter for CBS 2 Chicago. Savini, whose exclusive investigations have earned him broadcast journalism’s top honors, began work at CBS 2 Chicago in July 2004. He was awarded…

From DF: Detroit Family torn apart and parents abused in a guardianship and judge and lawyers are paid but don’t care

http://www.wxyz.com/news/local-news/investigations/metro-detroit-woman-says-probate-guardianship-case-is-tearing-family-apart

You know, I have to tell you this reminds me of Adam Stern, when Ken’s lawyer cross examined him on the witness stand about how the court appointed guardian allowed Mary Sykes, then about 91 years old, to suffer a sever throat infection, a high temperature, never got her antibiotics or took her to the doctor and she could not eat and lost 10% body weight down to well below normal body weight and he merely and calmly stated to the court “well old people get sick and die all the time.  that does not mean anyone’s at fault.”   Ewwww creepy and cold. Why isn’t he tested for psychopathy with a PET brain scan and if he has it, he needs to be banned on the 18th floor.

Actually, just have all the lawyers and judges tested for psychopathy with a PET brain scan and delicense them.  I’m not sure what job they can do where they won’t be a threat to the public, but right now we’re in crisis mode where the ARDC and other regulatory agencies refuse to test for psychopathy and let all sorts of horrible, unfeeling and uncaring people be put in positions of power and control over children, the elderly, the disabled and anyone in a vulnerable position.

http://www.wxyz.com/news/local-news/investigations/metro-detroit-woman-says-probate-guardianship-case-is-tearing-family-apart

another horrible story of abuse via lawyers, judges and a psychopathic court system.

Total strangers – lawyers who double as public officials – are taking over the lives of some of the most vulnerable people in our community – senior citizens and others who are disabled.

 

Several Metro Detroit families say they’ve now lost all control over their parents’ health care decisions and their finances.

 

Note:

At the last minute Thursday, the attorneys for two of those siblings in this case, Lorrie and Sandy Kapp, went to a judge to try to stop WXYZ-TV and the 7 Investigators from showing you this investigation.

Instead, Judge Daniel A. O’Brien issued a court order, saying 7 Action News cannot show any images of the Kapp’s parents, so you won’t see their faces in this story.

A hearing on our objections to the order is scheduled for Tuesday.

911 Call: “911 what’s your emergency?  Yes, my dad fell out of bed.”

At least 37 calls to 911 in just 10 months.

911 CALL:  “I need you to stop yelling! I need you to stop… Mom, be quiet” Operator: “911 where is your emergency?  West Bloomfield.”

Mila Kapusta says those are the kinds of emergency calls that have been made from her parents West Bloomfield condo, ever since a court-appointed guardian took over their lives.

“I really can’t talk about it, because I will break down.  It’s hard to watch your loved ones suffer.  That’s the hardest thing,” said Kapusta.

Mila’s father, Milan, is 94, and her mom, Janet is 93.

Mila tells the 7 Investigators that they both have dementia and need round-the-clock care, which she was helping to provide until she says one of her sisters locked Mila out of the house.   Mila says she suspected abuse and went to Oakland County’s Probate Court.

“We noticed that my father had a pressure sore.   And my parents were sleeping in their own urine,” said Mila.  She says she wanted to take over the caregiving for her parents, but instead the judge created a visitation schedule for all four siblings.  Now Mila is only allowed to see her parents three days a week.

During that November 23, 2016 court hearing, Oakland County Probate Judge Daniel A. O’Brien said on the record, “I’m appointing a public administrator, Barbara Andruccioli” as Milan and Janet Kapp’s guardian and conservator.  That means the Kemp Klein attorney had total control over their lives, including their health and their money.

“Things went downhill from there,” said Mila.

A Public Administrator is an attorney who’s appointed by the state Attorney General to handle estates after someone dies without an heir.  The Public Administrator law says nothing about them being guardians for someone who’s living, but that’s how they’re often being appointed.

 

“When the judge finds disharmony between family members, they’re using that as an excuse to not find suitability.  And they’re appointing these public administrators because they think it will stop the anxiety between families,” said attorney Douglas Kuthy, who’s representing Mila Kapusta.

 

“Andruccioli never resolved anything.  She never did anything,” said Mila.

 

With Andruccioli in charge of the Kapps, Mila and her attorney, Douglas Kuthy, say her parents’ health got worse.

 

“We reported to her that my parents had been falling, Ms. Andruccioli’s response to my attorney was,  it’s unfortunate but old people fall,” said Mila.

 

“[Andruccioli] failed to recognize the ward was hospitalized; failed to take care of it, failed to provide anything.  I filed a motion for an evidentiary hearing in regard to that, she resigned in the face of it,” said Kuthy.

 

That’s when Judge O’Brien appointed a new guardian – yet another Public Administrator – Thomas Brennan Fraser.

 

For six months, Mila says she’s been asking Fraser for a wheelchair ramp so her parents can leave their house.

 

“He doesn’t respond to anything.  Maybe one out of every ten emails, I’ll get a response, if that,” said Kuthy.

 

Mila and Doug say when they try to get answers from the judge, they get shut down.  Our cameras were rolling last week while they waited – along with four other attorneys on the case – for 45 minutes.  Instead of taking the bench for the scheduled hearing, Judge O’Brien sent a staffer out to hand out a written opinion.

 

“It’s highly unusual in my 30 years of practicing law to run into a situation like this.  And frankly, I don’t understand it,” said Kuthy.

 

“It’s very disrespectful to my parents who are in their 90s. They seek justice, and from what I can see they aren’t getting any,” said Mila.  “This is supposed to be a house of justice, and from what I can see, they aren’t getting any.”

 

What Fraser and the other professional guardians and conservators are getting is money.

 

In the Kapp case, court records show, Fraser and Andruccioli both charge $245/hour for attorney fees.

And their various staffers charge anywhere from $35/hour to $165/hour.

 

In just 10 months, all together they’ve billed for $13,929.34 in costs for the Kapp family.

 

“Guardianship is one of the easiest weapons to use to financially exploit the vulnerable,” said Americans Against Abusive Probate Guardianship Director Rick Black.  Black calls Oakland County a hot spot for probate problems, and says the guardians who are also Public Administrators have an unfair advantage.

 

“Their capability in the court room is pretty much carte blanche, both in terms of the protections that they get from the judge, but also the latitude they get within the system as an attorney,” said Black.

 

7 Investigator Heather Catallo caught up with the Kapp’s guardian after court.

 

Catallo: “The judge consistently refers to you on the record as a public administrator, so –

Fraser: “By habit – I have a lot of cases.”

Catallo: “How many guardianship and conservator cases do you have?”

Fraser: “I don’t know.”

 

Catallo: “We have several families that are telling us that you bill an awful lot of money but don’t do very much.  What is your response to that?”

Fraser: “And that’s just not true, my bills are my bills.”

 

“No one can believe this is happening. And for my father, who is a veteran – he protected this country — for him to be treated like this; for my mother who worked her whole life to be treated like this – I think judges need to look at the elderly and our seniors more cautiously instead of trying to protect Public Administrators and any attorney – anybody walking into the court.  You’re here to protect your public,” said Mila.

 

On October 5, the 7 Investigators contacted Prince Law Firm attorneys Kelli Nearhood and Ryan Bourjaily, who represent Lorrie and Sandy Kapp, to request comment on this investigation.  In an email response, Nearhood said, “we can neither comment regarding pending litigation nor our client’s role in pending litigation.”

 

At 4:12pm on October 12, Nearhood and Bourjaily filed the motion for an Ex-Parte Order to keep the 7 Investigators from broadcasting this story.  Without contacting WXYZ or Mila Kapusta’s attorney, the Judge issued the Ex-Parte Temporary restraining order preventing the use of the images of the Kapps.

 

A hearing will be held on Tuesday October 17.

 

The original guardian in this case, Barb Andruccioli, has not gotten back to us to comment on this.

 

In Oakland County, there is a criminal investigation taking place right now into the actions of several Public Administrators.

 

The Attorney General does appoint Public Administrators to handle decedent estates.  Those attorneys are not state employees, and therefore the Attorney General cannot prevent them from doing outside legal work, such as taking guardian and conservator cases.  According to Andrea Bitely, Press Secretary for Attorney General Bill Schuette, “there’s nothing in Michigan’s laws that prohibit them from fulfilling both roles. But the Attorney General is in favor of changing the system, and all options are on the table.  The old [Public Administrator] laws that are currently in place need to continue to be examined.  We’re continuing to work with the legislature to reform the process.”

 

If you have a story for Heather, please email her at hcatallo@wxyz.comor call 248-827-4473.

From EB: New Mexico Probate Judge forced to resign and may face criminal charges after commandeering an estate to her benefit

http://www.kob.com/new-mexico-news/sierra-county-probate-judge-pam-smith-resignation-possible-criminal-charges/4633658/

According to documents from the Judicial Standards Commission, Sierra County Probate Judge Pam Smith will never be a judge in New Mexico again.

Documents show she’s accused of using her position to allow her and her husband to take possession of a dead man’s estate. The documents claim the Smiths then closed the man’s bank accounts and transferred around $280,000 into their own accounts.

New Mexico State Police are investigating the accusations.

From RR: How does an appeal work?

  1. READ THE RULES.  Download the set of rules for appeals in your jurisdiction and court system.  Read all the rules.  I’d tell you to get an attorney but that would be a joke and an insult.  In Chicago, most attorneys charge $10k to $15k or more for a simple appeal and then many do just a lick and a promise at the last minute.  One attorney I know tells the client they are not allowed to review or change anything before submission.  He is sooooo full of it.  Bar complaint for him.  Of course he did a crappy job on this appellate brief.  Knew it.  In any case, 95% of the US public cannot afford $10k for an appeal.  So you’re stuck with me and this website and a DIY brief.  It’s completely interesting that 95% of Americans cannot afford to access their own Court Appellate system, but it seems no one care and there is no hue and cry to get reasonably priced attorneys to assure justice in the US.
  2. take all the court orders that you don’t like (often it’s the last judgment against you, but in probate there can be a lot of them–appointment of a guardian without service of process, trumped up and churned attorneys fees, fake sales of buildings were the “system” ruined them for a highly discounted sale to friends, a psychopath being named guardian, etc) and attach them to the Notice of Appeal to show specifically what orders you want to appeal.
  3. Find the Notice of Appeal form on the court’s website. Fill it out within the time allowed (generally 30 days, but some states are 21, so be careful).
  4. Attach the orders you don’t like to the Notice of Appeal and generally file in the trial court.  If you file in the wrong court it should not be fatal and the court should just transfer it back to the right court, but you should not lose jurisdiction.
  5. Fill out the form if one is available, if not, write a letter to the Clerk of Court directing her to prepare the Record on Appeal which is a copy of all the pleadings in the court’s file which she will then consecutively page number, certify the record and return to you. Illinois is now all  efile, so this job is easier and quicker for her and for you.  You then file it with the Appellate court after you are done making a copy for yourself.
  6. Once the Record on Appeal is done, you have 35 days to write your opening brief and submit it.  In general, it’s easy to get extensions of time to file the ROA and your Opening Brief, so take your time, be careful and be respectful of the miscreants involved in the case.  Don’t call them names.  Cite the facts and case law so the court can chew them out, not you.
  7. 35 days after you submit and serve your opening brief, the other side has 30 days to respond, then you have 14 days to file a reply brief.  A reply brief is only for new issues, so in general, it’s a lot shorter.  You should put on the cover of all your pleadings ORAL ARGUMENT REQUESTED.  If you do get selected for oral argument,  you might want to hire an attorney for that.  But don’t worry, 90% of all cases are decided on the written pleadings so be sure to do a good job explaining everything
  8. Write me if you have further questions and I will publish a general answer on my blog.  I can no longer given individual legal information because the ARDC is all over me for publishing this blog and telling the unvarnished truth about the (monkey) business in the legal profession and churning bills and lawyers and courts doing some pretty crappy work.  In South Carolina they have a two step process where they have a set of short initial briefs which only cite the issues on appeal, then after that full briefs are due, so read the rules for your state/jurisdiction carefully.

From KKD–abusive guardianship case in Cal. spurs Int’l Human Rights Commission to investigate…

Since for sure in the US  all the authorities ignore human and civil rights violations in abusive guardianships.

see below:

Periférico Sur Poniente #5, Fracc, El Carmen, San Cristóbal de las Casas, Chiapas. C.P 29260
Tels: (+52) 961 1157443
Cdh.kuuntik@gmail.com
http://www.kuuntik.org
For Immediate Release
October 10, 2017
A human rights organization has filed a request for precautionary measures with the Inter-American Commission on Human Rights, asking for protective measures for an elderly man in California, who is under a court authorized guardianship.
This request, the first ever of its kind, was filed this week by Ku’untik Human Rights Center, which is located in Chiapas, Mexico. The principals of the organization are Diego Cadenas Gordillo, an experienced human rights lawyer and his wife, human rights professor Karen Marie Ferroggiaro, who was born in California.
The request states that the elderly man, Leon Bridges, is in grave danger as he has been placed into the care of a grandson who has already misappropriated over $80,000 of the elderly man’s money. The hearing in which the guardianship was initiated was not attended by Leon Bridges. However, during the hearing Bridges’ attorney, Steven Grossmann, who was appointed by the court, stated that he believed that Mr. Bridges was suffering from Stockholm Syndrome. Stockholm Syndrome is a psychological disorder in which an individual, held in a hostage- type situation, begins to accommodate the needs and desires of his keeper.
The request provides documentation that the judge, David Cowan of Los Angeles Superior Court, was fully aware of the financial abuse by the grandson and appointed him as guardian anyway.
Periférico Sur Poniente #5, Fracc, El Carmen, San Cristóbal de las Casas, Chiapas. C.P 29260
Tels: (+52) 961 1157443
Cdh.kuuntik@gmail.com
http://www.kuuntik.org
The request provides other supporting documents, including Government Accountability Office Reports as well as a report filed with the UN Convention on Torture earlier this year, which provide context and support to concerns that guardians are regularly misappropriating the finances of those they are pledged to protect, and also in many cases abusing their wards physically and medically, often resulting in death.
The request further states that Leon Bridges was taken against his will by the grandson and moved from Arizona to California, and that Mr. Bridges’ adult children have been refused the information as to his location.
This is the first time that a human rights petition has been filed in an international venue on behalf of an individual who is under a guardianship. Karen Ferroggiaro, speaking for Ku’untik, states that her organization is planning a mega-project concerning guardianship abuse and is soliciting reports from other adult guardianship victims in the US, in order to construct a petition with the IACHR asking that the Commission step in and stop the abuses of the elderly and disabled under guardianship.
“The legal system in the US provides no redress for these cases,” stated Ferroggiaro. “There is no where for these victims to go to get help.”
For further information, please contact the Human Rights Center at cdh.kuuntik@gmail.com.