Josephine Sciacca’s life ended at the age of 84 in a haze of over-medication, malnutrition, dehydration and infection as a result of her treatment at the Trinidad State Nursing Home, according to a lawsuit filed last week by Sciacca’s husband, Frank, and her two sons, Jerry and Michael.
In addition to the nursing home, which is part of the Colorado Department of Human Services (CDHS), the lawsuit names several parties including CDHS, the Nursing Home Administrator, the Director of Nursing, the Nursing Supervisor and two social workers.
When reached for comment, CDHS said the fact that litigation is ongoing prevents them from commenting fully.
“We are obviously in the midst of litigation and it is difficult to provide comment,” said Liz McDonough, the public information officer for CDHS. “We take the care of our residents very, very seriously, and we provide a very high quality of care.”
‘Taking innocent to slaughter’
According to Chip Portales, the plaintiff’s attorney, the nursing home is only interested in receiving their monthly Medicaid reimbursement payment, which he estimates at $5,500 per resident.
“You almost get the picture in your mind of Nazi death camps when people were getting led off,” said Portales. “Obviously, it’s not that extreme, but you get that sense. It’s like taking the innocent to slaughter — and the attitude of the nursing home is that we’re not accountable. The people that ran the death camps had that attitude also, somewhat of a ‘you can’t touch us.’ Even the government has to be accountable for what they do.”
Josephine was a patient at Trinidad for a year-and-a-half until Sept. 20, 2007.
She died at Lutheran Hospital in Denver on Oct. 24, 2007.
Lawsuit claims
The lawsuit makes several accusations against the nursing home relating to mistreatment of Josephine Sciacca, including their failure to heal and prevent the reopening of a pressure ulcer, failure to encourage feeding and hydration, failure to treat and prevent stomach pain, and failure to maintain and accurately document medical records that were free of tampering and fraudulent documentation.
According to the lawsuit, the “knowing and/or intentional actions” by “Trinidad State Nursing Home and its agents and employees caused Josephine Sciacca to suffer and die.”
Elderly sometimes forgotten
Wrongful death lawsuits against the state in Colorado are fairly rare due to the relatively low cap on potential damages.
“The maximum you can get on a wrongful death suit against the state is $150,000, a relative pittance when you are talking about a human being’s life,” said Portales. “This lawsuit is about accountability and exposing the Trinidad nursing home. Colorado doesn’t have a statute that protects the elderly — we should have something. If this occurred in a day care, they’d be locked up.”
Seeking a system change
Jerry Sciacca said his goal is to change the system.
“Elder abuse is rampant,” he said. “People get away with it so much. I’m doing this to avenge my mother’s death and to take a stand against elder abuse. I want to see things change at the home.”
| Comments: |
| E M Shockley @ 2009-07-30 17:36:09 | These people who are suing just want money. The allegations are a pack of lies. The newspaper should be ashamed of its ethics. |
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| @ 2009-07-30 18:33:16 | This person should be ashamed for suing the place that cared for their loved one for their remaining years! If they were unsatisfied with the care they saw their loved one getting why didnt they take her home and do a better job themselves!? Nurses, aides, doctors cannot MAKE a person eat, drink, and heal!!! End of life issues need to be taught to family members so they know that their elderly loved ones that require complete assistance with activities of daily living (this includes eating, swallowing their food, turning over in bed when they have been in the same position for an hour or more....) will most likely decline due to the fact you cant MAKE a person do what they dont want to do, or cannot do. This guy said he wants to"avenge his mothers death" as if she were murdered! |
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| Y A Ulanova @ 2009-07-30 19:10:17 | That Nazi Death Camp reference is a real confidence builder! This lawyers press release is even sleazier than his client. |
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| Gerry Bono @ 2009-07-30 19:16:49 | It is hard to know the truth of this but if this guy wants to use a sensational press release , then he probably has a pretty weak case. The Denver Daily News appears to be a witting accomplice to this crime. Why not wait until the facts on in. One tacky lawyer with one tacky newspaper and one tack client creates a cesspool of muck. |
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| Mike Rugby @ 2009-07-30 19:22:49 | No wonder this newspaper is free and then only with a circulation of 10,000. It's a "rag" and it's a good place to set down a greasy sandwich. This Sciacca guy is goofy. |
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| p @ 2009-07-31 19:13:59 | Shame on this family. Someone needs to hear from the caregivers but alas due to privacy laws, it must wait until court it seems. I hope the State DOES NOT settle on this. This paper should be ashamed of itself and its complete lack of responsibility to the readers, as well as the nursing home. The men and women who work in nursing homes are a select people. They love, laugh and cry with their residents. They become friends. Calling down these workers in this nursing home is so incorrect. They do what they do for the love of the elders. To say anything else is a lie. |
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| Pete Garza @ 2009-08-03 17:34:34 | Shame, shame on Portales and the son who wants money from his mother's caregivers. Where was he when she needed a bath, or toileting, or reading to, or social interaction. He was somewhere else, living his own life. What does he want to get; a wide-screen TV? |
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