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	<title>Nursing Home Abuse &#187; assisted living facility</title>
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		<title>Man wanders away from assisted living facility</title>
		<link>http://www.nursinghome-legal.com/news/2009/04/08/man-wanders-away-from-assisted-living-facility/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/04/08/man-wanders-away-from-assisted-living-facility/#comments</comments>
		<pubDate>Wed, 08 Apr 2009 19:04:54 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[assisted living facility]]></category>
		<category><![CDATA[Maine]]></category>
		<category><![CDATA[missing person]]></category>
		<category><![CDATA[New York]]></category>
		<category><![CDATA[Staten Island]]></category>
		<category><![CDATA[wander]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=977</guid>
		<description><![CDATA[Richard Constable, 66, walked away from his Staten Island assisted living facility and remained gone for two days before staff bothered to call the police, according to the Staten Island Advance. Staff felt the police would respond better the longer the man was missing. “We were surprised by that,” says Claudia Hutton with the New [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/08/man-wanders-away-from-assisted-living-facility/">Man wanders away from assisted living facility</a></p>



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			<content:encoded><![CDATA[<p>Richard Constable, 66, walked away from his <strong>Staten Island</strong> <strong>assisted living facility</strong> and remained gone for two days before staff bothered to call the police, according to the <a href="http://www.silive.com/news/index.ssf/2009/04/hunt_patient_missing_from_stat.html">Staten Island Advance</a>. Staff felt the police would respond better the longer the man was missing.<span id="more-977"></span></p>
<p>“We were surprised by that,” says Claudia Hutton with the New York Health Department. “You call the police as soon as you realize someone is missing.” Federal regulations state that the facility must report persons who have been missing for more than 24 hours.</p>
<p>Constable was a resident of Lakeside Manor Home for Adults, a facility that allows residents to come and go as they please. Residents there must be able to function on their own at a basic level but may require assistance with some tasks.</p>
<p>A therapist discovered Constable was missing when Constable was not at the home for a regular therapy session. The police are actively searching for Constable. They won’t say what condition Constable suffers from; however, they do not believe he is in imminent danger.</p>
<p>People who live near the home have made <strong>several complaints</strong> saying the residents of the home are publicly drunk, urinate on lawns and litter the area with cigarette butts and trash. Many neighbors don’t blame the residents of the home, but the staff there for not keeping up the property.</p>
<p>“It’s the staff; they’re just nasty, miserable people. They don’t care,” says neighbor Anthony Caccamo.</p>
<p>A representative from the health department says the facility likely won’t face more than a <strong>citation</strong>.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/08/man-wanders-away-from-assisted-living-facility/">Man wanders away from assisted living facility</a></p>


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		<title>Assisted living facility owners, sisters arrested for cheating government</title>
		<link>http://www.nursinghome-legal.com/news/2009/04/03/assisted-living-facility-owners-sisters-arrested-for-cheating-government/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/04/03/assisted-living-facility-owners-sisters-arrested-for-cheating-government/#comments</comments>
		<pubDate>Fri, 03 Apr 2009 18:32:45 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
		<category><![CDATA[Agency for Health Care Administration]]></category>
		<category><![CDATA[assisted living facility]]></category>
		<category><![CDATA[attorney]]></category>
		<category><![CDATA[felony]]></category>
		<category><![CDATA[Florida]]></category>
		<category><![CDATA[fraud]]></category>
		<category><![CDATA[Medicaid]]></category>
		<category><![CDATA[Medicaid Fraud]]></category>
		<category><![CDATA[Medicaid Fraud Control]]></category>
		<category><![CDATA[neglect]]></category>
		<category><![CDATA[PANE]]></category>
		<category><![CDATA[Patient Abuse-Neglect and Exploitation team]]></category>
		<category><![CDATA[Vermont]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=969</guid>
		<description><![CDATA[Sisters Duanne Bewely, 36, and Fiona Nicolas, 38, worked as a team, running Faith Manor Vermont and Faith Manor Melrose assisted living facilities in south Florida. They marketed themselves as a fully licensed facility and won over the trust of physicians and clinic owners, who would refer patients to their homes. Those health care professionals [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/03/assisted-living-facility-owners-sisters-arrested-for-cheating-government/">Assisted living facility owners, sisters arrested for cheating government</a></p>



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			<content:encoded><![CDATA[<p>Sisters <strong>Duanne Bewely</strong>, 36, and <strong>Fiona Nicolas</strong>, 38, worked as a team, running <strong>Faith Manor Vermont</strong> and <strong>Faith Manor Melrose</strong> <strong>assisted living facilities</strong> in south Florida. They marketed themselves as a fully licensed facility and won over the trust of physicians and clinic owners, who would refer patients to their homes. Those health care professionals now say they would have never put patients in the care of the sisters had they known they were lying and cheating the government.<span id="more-969"></span></p>
<p>Earlier this week the sisters were <strong>arrested and charged with a third-degree felony</strong> of one count of operating and/or maintaining an assisted living facility without a license. If convicted, the sisters each face up to five years in prison and a $5,000 fine, according to <a href="http://www.allheadlinenews.com/articles/7014633503">All Headline News</a>.</p>
<p>The arrests followed an investigation by law enforcement and <strong>Attorney General Bill McCollum’s <a href="http://www.beasleyallen.com/focus/Medicaid-Fraud/" title="" rel="external">Medicaid Fraud</a> Control Unit</strong>. The unit’s <strong>Patient Abuse, Neglect and Exploitation (PANE) team</strong> also was involved in the investigation.</p>
<p>Earlier this year, the state&#8217;s <strong>Agency for Health Care Administration</strong> sent notices to each of the homes requiring the facilities to close. The women stand trial in the Judicial Curcuit Court on April 17th.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/04/03/assisted-living-facility-owners-sisters-arrested-for-cheating-government/">Assisted living facility owners, sisters arrested for cheating government</a></p>


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		<title>CA long-term care facilities suffer from cuts to ombudsman program</title>
		<link>http://www.nursinghome-legal.com/news/2009/03/27/ca-long-term-care-facilities-suffer-from-cuts-to-ombudsman-program/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/03/27/ca-long-term-care-facilities-suffer-from-cuts-to-ombudsman-program/#comments</comments>
		<pubDate>Fri, 27 Mar 2009 16:01:51 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
		<category><![CDATA[advocates]]></category>
		<category><![CDATA[assisted living facility]]></category>
		<category><![CDATA[California]]></category>
		<category><![CDATA[Dave Jones]]></category>
		<category><![CDATA[fines]]></category>
		<category><![CDATA[Gov. Arnold Schwarzenegger]]></category>
		<category><![CDATA[long-term care facilities]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[nursing homes]]></category>
		<category><![CDATA[ombudsman]]></category>
		<category><![CDATA[Ombudsman Services of Northern California]]></category>
		<category><![CDATA[Sacramento]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=934</guid>
		<description><![CDATA[California nursing homes are taking advantage of last year’s cuts to the state’s ombudsman program and slacking off on responsibilities to their patients, according to Ombudsman Services of Northern California. The organization lost two-thirds of its staff when Gov. Arnold Schwarzenegger vetoed $3.8 million in funding for long-term care ombudsman programs last year, according to [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/27/ca-long-term-care-facilities-suffer-from-cuts-to-ombudsman-program/">CA long-term care facilities suffer from cuts to ombudsman program</a></p>



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			<content:encoded><![CDATA[<p><strong>California nursing homes</strong> are taking advantage of last year’s cuts to the state’s <strong>ombudsman</strong> program and slacking off on responsibilities to their patients, according to <strong>Ombudsman Services of Northern California</strong>. The organization lost two-thirds of its staff when <strong>Gov. Arnold Schwarzenegger</strong> vetoed $3.8 million in funding for long-term care <strong>ombudsman</strong> programs last year, according to <a href="http://www.news10.net/news/story.aspx?storyid=56869&amp;catid=2">News 10.<span id="more-934"></span></a></p>
<p><strong>Ombudsmen</strong> provide a valuable service to the elderly. Not only do they serve as advocates to <a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a> residents, they also investigate and resolve complaints and make unannounced visits to <strong>nursing homes</strong> to ensure residents’ needs are being met. An estimated 40 percent of <strong>nursing home</strong> residents have no family or friends to visit with or advocate for them.</p>
<p>A spokesperson with <strong>Ombudsman Services of Northern California</strong> says mandatory reporting of incidents has dropped though the number of residents in the homes has increased – a formula which doesn’t make sense. The group is concerned that the 1,600 northern <strong>California nursing homes</strong> and <strong>assisted living facilities</strong> regularly serviced by the program will begin to see a rise in senior abuse.</p>
<p>Instead of visiting assisted living facilities once a month and nursing homes weekly, since the budget cuts <strong>ombudsmen</strong> visits have dropped to once a year for assisted living facilities and monthly for nursing homes.</p>
<p>According to the report, <strong>Assemblyman Dave Jones</strong>, (D) Sacramento, has co-authored legislation to restore <strong>ombudsman</strong> funding. That bill would direct money to the <strong>ombudsman</strong> programs from fines levied against care home operators who break the law.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/27/ca-long-term-care-facilities-suffer-from-cuts-to-ombudsman-program/">CA long-term care facilities suffer from cuts to ombudsman program</a></p>


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		<title>Facility facing lawsuits for leaving patients unattended</title>
		<link>http://www.nursinghome-legal.com/news/2009/03/04/facility-facing-lawsuits-for-leaving-patients-unattended/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/03/04/facility-facing-lawsuits-for-leaving-patients-unattended/#comments</comments>
		<pubDate>Wed, 04 Mar 2009 14:00:29 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
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		<category><![CDATA[death]]></category>
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		<category><![CDATA[Elderberry Square]]></category>
		<category><![CDATA[falls]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[lawsuits]]></category>
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		<category><![CDATA[Oregon]]></category>
		<category><![CDATA[unsupervised]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=841</guid>
		<description><![CDATA[The wife of an 80-year-old who suffered from dementia moved her husband into Elderberry Square assisted living facility in Florence, Oregon, so the staff there could give her husband the care she could no longer manage on her own. But each time she visited him over the two months he was there, something just didn’t [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/04/facility-facing-lawsuits-for-leaving-patients-unattended/">Facility facing lawsuits for leaving patients unattended</a></p>



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			<content:encoded><![CDATA[<p>The wife of an 80-year-old who suffered from <strong>dementia</strong> moved her husband into <strong>Elderberry Square </strong><a href="http://www.nursinghome-legal.com"><strong>assisted living facility</strong></a> in <strong>Florence, Oregon,</strong> so the staff there could give her husband the care she could no longer manage on her own. But each time she visited him over the two months he was there, something just didn’t seem right. Her frail husband was left <strong>unsupervised</strong>, during which he fell repeatedly. One fall resulted in a broken wrist. She also found him several times lying in his own waste.<span id="more-841"></span></p>
<p>The man’s wife had had enough. She sought legal counsel and as a result, Elderberry Square is facing a <strong>$1 million lawsuit</strong> in the <strong>severe neglect and abuse</strong> of the man, according to <a href="http://www.salem-news.com/articles/february202009/elder_alwsuit_2-20-09.php">Salem-News</a>.</p>
<p><strong>Falls</strong> among seniors pose a <strong>major medical problem</strong>. While many injuries from falls can be minor, others can result in major cuts and bruises, broken bones and head trauma. Some may lead to hospitalization, disability, the need for continuous skilled nursing care, or even premature death. Falls also can have psychological consequences, such as depression, isolation and a decline in physical function due to lack of activity.</p>
<p>This is not the first lawsuit of this nature that Elderberry Square has faced. Two years ago, a similar lawsuit was filed against the home involving an Alzheimer’s patient who was repeatedly left unattended. That patient fell numerous times over a two-week period and soon died as a result of a fall.</p>
<p>While an investigation into both cases by the <strong>Oregon Department of Human Services</strong> found the charges of neglect to be substantiated, a second review resulted in a reversal of the investigators’ conclusion. Attorneys plan to challenge the finding through an appeal.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/03/04/facility-facing-lawsuits-for-leaving-patients-unattended/">Facility facing lawsuits for leaving patients unattended</a></p>


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		<title>Sexual abuse reported at nursing homes, assisted living facilities</title>
		<link>http://www.nursinghome-legal.com/news/2009/02/16/sexual-abuse-reported-at-nursing-homes-assisted-living-facilities/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/02/16/sexual-abuse-reported-at-nursing-homes-assisted-living-facilities/#comments</comments>
		<pubDate>Mon, 16 Feb 2009 14:00:28 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[abuse]]></category>
		<category><![CDATA[assault]]></category>
		<category><![CDATA[assisted living facility]]></category>
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		<category><![CDATA[Framingham]]></category>
		<category><![CDATA[Idaho]]></category>
		<category><![CDATA[Massachusetts]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[nursing home abuse]]></category>
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		<category><![CDATA[sexual abuse]]></category>

		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=741</guid>
		<description><![CDATA[Sexual abuse. It is one of the most unimaginable crimes against those who are dependent on others, but yet the reports keep coming. This week in Framingham, Massachusetts, the Boston Herald reported that a former nursing home aide was charged with sexually molesting a 62-year-old woman at Sudbury Pines Extended Care who had recently suffered a [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/02/16/sexual-abuse-reported-at-nursing-homes-assisted-living-facilities/">Sexual abuse reported at nursing homes, assisted living facilities</a></p>



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			<content:encoded><![CDATA[<p><strong><a href="http://www.beasleyallen.com/focus/Sexual-Abuse/" title="" rel="external">Sexual abuse</a></strong>. It is one of the most unimaginable crimes against those who are dependent on others, but yet the reports keep coming.</p>
<p>This week in Framingham, Massachusetts, the <a href="http://news.bostonherald.com/news/regional/view/2009_02_13_Sudbury_nursing_home_aide_charged_with_patient_assault/srvc=home&amp;position=recent">Boston Herald</a> reported that a former <a href="http://www.nursinghome-legal.com"><strong><a href="http://www.nursinghome-legal.com/tag/nursing-home/" title="" rel="external">nursing home</a></strong></a><strong> aide</strong> was charged with <strong>sexually molesting</strong> a 62-year-old woman at Sudbury Pines Extended Care who had recently suffered a stroke which had greatly limited her ability to speak.<span id="more-741"></span></p>
<p>Despite her condition, investigators were able to interview the woman. She was able to answer yes and no questions and point to various parts of her body. From that, investigators ascertained that nursing aide Kofi Agana reportedly walked into the room of the victim while she was awake and her roommate asleep, and closed the door nearly all the way. He then rubbed the woman’s breasts and pinned her arms down as he touched her genital area. Agana was accused of assaulting the <strong>nursing home</strong> resident. He pled not guilty and is being held on $500 bond. He also was fired from the facility where he had worked since August.</p>
<p>In the same week just states away, <a href="http://www.2news.tv/news/39563287.html">2 News TV</a> reported that a Nampa, Idaho, man was arrested for sexually assaulting a mentally disabled resident of an <strong>assisted living facility</strong> where he worked as a case worker.</p>
<p>The accused, <strong>Thomas Hamlin</strong>, was arrested and charged with <strong>sexual abuse or exploitation of a vulnerable adult</strong>. The victim is reportedly in her 50s. The name of the assisted living facility where the incident occurred is not known, though reports say the incident occurred within the past few months.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/02/16/sexual-abuse-reported-at-nursing-homes-assisted-living-facilities/">Sexual abuse reported at nursing homes, assisted living facilities</a></p>


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		<title>Woman jailed for embezzling from grandparents</title>
		<link>http://www.nursinghome-legal.com/news/2009/01/26/woman-jailed-for-embezzling-from-grandparents/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/01/26/woman-jailed-for-embezzling-from-grandparents/#comments</comments>
		<pubDate>Mon, 26 Jan 2009 14:00:26 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=664</guid>
		<description><![CDATA[Connie Gay Cole was her grandparents’ favorite granddaughter. They took care of her most of her life, as she slipped in and out of employment. In return, Cole repaid them by squandering their life savings, according to The Oregonian. Connie’s grandparents, James and Anne Morgan, had saved nearly $500,000 for their care as they aged. [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/26/woman-jailed-for-embezzling-from-grandparents/">Woman jailed for embezzling from grandparents</a></p>



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			<content:encoded><![CDATA[<p>Connie Gay Cole was her grandparents’ favorite granddaughter. They took care of her most of her life, as she slipped in and out of employment. In return, Cole repaid them by <strong>squandering their life savings</strong>, according to <a href="http://www.oregonlive.com/clackamascounty/index.ssf/2009/01/woman_embezzles_life_savings_f.html">The Oregonian</a>.<span id="more-664"></span></p>
<p>Connie’s grandparents, James and Anne Morgan, had saved nearly $500,000 for their care as they aged. The two moved into a <a href="http://www.nursinghome-legal.com"><strong>retirement community</strong></a> in 2005 and had turned over <strong>power of attorney</strong> to their granddaughter. Anne suffered from <strong>dementia</strong>, and James, who had received a <strong>brain injury</strong> a few years earlier, was kept heavily medicated by his granddaughter. Connie charged her grandparents $7,000 per month to care for them, though other family members said that care was less than adequate.</p>
<p>During that time Connie had squandered her grandparents’ money away on cars, boats and gambling trips, often lying to her grandparents to get more money. As the funds in their bank accounts began to dwindle, family members began to get suspicious. They moved the Morgans into an <strong>assisted living facility</strong>, where their social security checks and the state could pay for their care. And they alerted police. When investigators talked with James and Anne, the Morgans defended their granddaughter. But the paper trail was already laid. Connie is now serving time in jail for <strong>embezzlement</strong>.</p>
<p>The Morgans are just one example of how the elderly are taken advantage of by friends, family and even strangers. Bryan Brock, a deputy district attorney in Clackamas County, says he has seen a dramatic rise in <a href="http://www.nursinghome-legal.com"><strong>financial abuse among the elderly</strong></a>. Five years ago he used to see only two cases of a year. Now he sees about a dozen per year.</p>
<p>Families of the elderly who suspect financial abuse are advised to contact police with their concerns.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/26/woman-jailed-for-embezzling-from-grandparents/">Woman jailed for embezzling from grandparents</a></p>


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		<title>Caregiver leaves 16 unattended at assisted living facility</title>
		<link>http://www.nursinghome-legal.com/news/2009/01/02/caregiver-leaves-16-unattended-at-assisted-living-facility/</link>
		<comments>http://www.nursinghome-legal.com/news/2009/01/02/caregiver-leaves-16-unattended-at-assisted-living-facility/#comments</comments>
		<pubDate>Fri, 02 Jan 2009 14:00:02 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[assault]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=538</guid>
		<description><![CDATA[Linda Shaw was supposed to be overseeing 16 residents at Personal Care II assisted living facility in Bradenton, Fla., last summer. But just minutes after she reported for her 7 p.m. to 7 a.m. shift, she walked out the door and never returned, leaving the residents without a caregiver, according to the Bradenton Herald. While [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/02/caregiver-leaves-16-unattended-at-assisted-living-facility/">Caregiver leaves 16 unattended at assisted living facility</a></p>



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			<content:encoded><![CDATA[<p>Linda Shaw was supposed to be overseeing 16 residents at Personal Care II <a href="http://www.nursinghome-legal.com"><strong>assisted living facility</strong></a> in Bradenton, Fla., last summer. But just minutes after she reported for her 7 p.m. to 7 a.m. shift, she walked out the door and never returned, leaving the residents without a <a href="http://www.nursinghome-legal.com/tag/caregiver/" class="st_tag internal_tag" rel="tag" title="Posts tagged with caregiver">caregiver</a>, according to the <a href="http://www.bradenton.com/news/local/crime-and-courts/story/1089658.html">Bradenton Herald</a>.<span id="more-538"></span></p>
<p>While she was away, a 47-year-old disabled woman had a <strong>heat stroke</strong> and <strong>seizures</strong>. She was found around 5 a.m. by another resident who called 911. The woman who had fallen ill was rushed to the hospital, according to the story.</p>
<p>An investigation found that the air conditioning had been out for days at the facility and the temperature in the room in which the woman was found was extremely high, according to an affidavit.</p>
<p>A housekeeper at the home told investigators that Shaw said she was headed to the beach. Another report said she was heading home to get medication. Regardless, she never returned. One resident said that Shaw had played the disappearing act before in her 10-year career at Personal Care II.</p>
<p>An investigation into Shaw&#8217;s past revealed she had a history of <strong>mental health problems</strong>, including <strong>bipolar disorder</strong>. She, too, had been a resident in an assisted living facility for a decade. She also has <strong>previous convictions</strong>, one in 1991 for retail theft and 1994 for <a href="http://www.nursinghome-legal.com/tag/assault/" class="st_tag internal_tag" rel="tag" title="Posts tagged with assault">assault</a> and battery.</p>
<p>Shaw was arrested and faces up to five years in prison for a charge of <strong>neglect of a disabled adult</strong>, a third-degree felony.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2009/01/02/caregiver-leaves-16-unattended-at-assisted-living-facility/">Caregiver leaves 16 unattended at assisted living facility</a></p>


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		<title>Disgruntled employee accused of putting urine in ice bin</title>
		<link>http://www.nursinghome-legal.com/news/2008/12/12/disgruntled-employee-accused-of-putting-urine-in-ice-bin/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/12/12/disgruntled-employee-accused-of-putting-urine-in-ice-bin/#comments</comments>
		<pubDate>Fri, 12 Dec 2008 14:00:00 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
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		<category><![CDATA[abuse]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=453</guid>
		<description><![CDATA[Kathleen Chmura thought it was her soda that tasted funny. Then she realized it was the ice. And it tasted like urine. Chmura had scooped the ice from the ice bin at By the Lake senior assisted living facility she owns in Hayden, Idaho. She immediately had a suspect in mind – a disgruntled employee [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/12/12/disgruntled-employee-accused-of-putting-urine-in-ice-bin/">Disgruntled employee accused of putting urine in ice bin</a></p>



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			<content:encoded><![CDATA[<p>Kathleen Chmura thought it was her soda that tasted funny. Then she realized it was the ice. And it tasted like urine.</p>
<p>Chmura had scooped the ice from the ice bin at By the Lake <a href="http://www.nursinghome-legal.com"><strong>senior assisted living facility</strong></a> she owns in Hayden, <strong>Idaho</strong>. She immediately had a suspect in mind – a disgruntled employee who had just joined two other employees in a walkout to protest of a firing of two employees three days prior, according to <a href="http://seattletimes.nwsource.com/html/localnews/2008473107_weburineice05m.html">The Seattle Times</a>.<span id="more-453"></span></p>
<p>“I won’t put up with this crap,” Chmura told the newspaper. Chmura opened the facility two years ago.</p>
<p>Chmura contacted Kootenai County officials and informed them of the <strong>urine-in-the-bin</strong> incident as well as suspected <strong>theft</strong> and <strong>fraud</strong> by the former employees. The facility owner accused the former employees of <strong>stealing money</strong> and <strong>prescription drugs</strong> from the <strong>assisted living center</strong>, including OxyContin and hydrocodone. She <a href="http://www.nursinghome-legal.com/tag/claims/" class="st_tag internal_tag" rel="tag" title="Posts tagged with claims">claims</a> the three made more than $10,000 in credit card purchases for personal items such as groceries and gift cards, restaurant dinners and theater tickets.</p>
<p>She told police that before the walkout, the employees woke up residents and told them the <strong>assisted living center</strong> was closing and that all employees had been fired.</p>
<p>Chmura is part of an advocacy group that fights for stronger laws against those who <strong>abuse and neglect vulnerable adults</strong>. The group is credited with triggering the 2005 state legislation that made abusing the elderly a felony instead of a misdemeanor.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/12/12/disgruntled-employee-accused-of-putting-urine-in-ice-bin/">Disgruntled employee accused of putting urine in ice bin</a></p>


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		<title>Coroner questions number of deaths at assisted living facilities</title>
		<link>http://www.nursinghome-legal.com/news/2008/11/19/coroner-questions-number-of-deaths-at-assisted-living-facilities/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/11/19/coroner-questions-number-of-deaths-at-assisted-living-facilities/#comments</comments>
		<pubDate>Wed, 19 Nov 2008 14:26:54 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=360</guid>
		<description><![CDATA[Richland, S.C., County Coroner Gary Watts is raising questions about the quality of care at Midlands-area assisted living homes, according to The State. Watts referred to three deaths in the past two years in the area. One of those deaths, which Watts is investigating, occurred after an unqualified staffer gave a 50-year-old man an overdose [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/11/19/coroner-questions-number-of-deaths-at-assisted-living-facilities/">Coroner questions number of deaths at assisted living facilities</a></p>



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			<content:encoded><![CDATA[<p>Richland, S.C., County Coroner Gary Watts is raising questions about the quality of care at Midlands-<strong>area </strong><a href="http://www.nursinghome-legal.com"><strong>assisted living homes</strong></a>, according to <a href="http://www.thestate.com/local/story/593694.html">The State</a>. Watts referred to three <strong>deaths</strong> in the past two years in the area. One of those deaths, which Watts is investigating, occurred after an unqualified staffer gave a 50-year-old man an overdose of insulin that ultimately killed him.<span id="more-360"></span></p>
<p><strong>Assisted living facilities</strong> differ from <strong>nursing homes</strong> in that they provide less <strong>skilled</strong><strong> nursing care </strong>and in general have fewer state and federal regulations under which they must operate.</p>
<p>Watts is questioning whether there are enough state inspectors to oversee the <strong>assisted living homes</strong> in South Carolina, placing the most blame on the state Department of Health and Environmental Control (DHEC). Mental health advocates and the Sheriff’s Association agree that more needs to be done to ensure residents are well cared for and out of harms way.</p>
<p>Complaints have soared in the area, so much so that the DHEC last month hosted a meeting with home operators, state agency representatives and advocates. DHEC turns blame back on the operators, stating in a Sept. 26 memo that home operators are “often unable to achieve the <strong>level of care</strong> necessary” to comply with state laws, according to The State story.</p>
<p>A DHEC spokesman says that <strong>more inspectors</strong> are needed to sufficiently oversee the homes on a regular basis. For the past two years, DHEC has asked the General Assembly for funds to hire more inspectors, but those requests were turned down.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/11/19/coroner-questions-number-of-deaths-at-assisted-living-facilities/">Coroner questions number of deaths at assisted living facilities</a></p>


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		<title>Nurse arrested for leaving 21 assisted living residents alone</title>
		<link>http://www.nursinghome-legal.com/news/2008/11/06/nurse-arrested-for-leaving-21-assisted-living-residents-alone/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/11/06/nurse-arrested-for-leaving-21-assisted-living-residents-alone/#comments</comments>
		<pubDate>Thu, 06 Nov 2008 14:47:38 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=320</guid>
		<description><![CDATA[Episania Fitzgerald was working her nursing shift at Pine Tree Manor assisted living facility in Largo, Fla., Friday night, but she had someplace better to be. Since she was the only staff member on duty that night, she called on a resident at the home to be in charge of the other residents in her [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/11/06/nurse-arrested-for-leaving-21-assisted-living-residents-alone/">Nurse arrested for leaving 21 assisted living residents alone</a></p>



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			<content:encoded><![CDATA[<p>Episania Fitzgerald was working her nursing shift at Pine Tree Manor <a href="http://www.nursinghome-legal.com"><strong>assisted living facility</strong></a> in Largo, Fla., Friday night, but she had someplace better to be. Since she was the only staff member on duty that night, she called on a resident at the home to be in charge of the other residents in her absence. Fitzgerald then walked out the doors, leaving the 21 frail and elderly residents alone.<span id="more-320"></span></p>
<p>But when Fitzgerald returned 2 ½ hours later, the facility was overrun with firefighters and deputies, according to the <a href="http://www.tampabay.com/news/aging/nursinghomes/article885859.ece&lt;br &gt;&lt;/a&gt;">St. Petersburg (Florida) Times</a>.</p>
<p>While Fitzgerald was out of the building to handle what she later told police was a home health crisis, an 88-year-old woman fell on the bathroom floor. Unable to get up, she asked a fellow resident to call 911. When medical personnel from Pinellas Suncoast Fire Rescue arrived, they discovered there were no staff members on site and called the Pinellas County Sheriff’s office to investigate.</p>
<p>When Fitzgerald returned, she willingly told police she had left a resident in charge. Police then found Vicodin, a controlled substance, in her pocket. Fitzgerald, 60, was booked on one count of <strong>abuse and neglect of the elderly</strong>, a second-degree felony and one count of <strong>possession of a controlled substance</strong>, also a felony. Police say other charges may follow. Fitzgerald was jailed with a $12,000 bail.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/11/06/nurse-arrested-for-leaving-21-assisted-living-residents-alone/">Nurse arrested for leaving 21 assisted living residents alone</a></p>


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		<title>Second Wind makes seniors&#8217; dreams come true</title>
		<link>http://www.nursinghome-legal.com/news/2008/10/20/second-wind-makes-seniors-dreams-come-true/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/10/20/second-wind-makes-seniors-dreams-come-true/#comments</comments>
		<pubDate>Mon, 20 Oct 2008 16:19:11 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=266</guid>
		<description><![CDATA[Catherine accomplished many goals in her 99 years. She was an elder in the United Methodist Church where she taught and mentored countless young people. She had history of leadership, stemming from 1927, when she was one of the first four women to attend a certificate class at Emory University. But as Catherine moved into [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/20/second-wind-makes-seniors-dreams-come-true/">Second Wind makes seniors&#8217; dreams come true</a></p>



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			<content:encoded><![CDATA[<p>Catherine accomplished many goals in her 99 years. She was an elder in the United Methodist Church where she taught and mentored countless young people. She had history of leadership, stemming from 1927, when she was one of the first four women to attend a certificate class at Emory University.</p>
<p>But as Catherine moved into her sunset years at the Lutheran Towers facility in <strong>Georgia</strong>, she had one regret she just couldn’t shake. She always wanted to graduate from Emory.</p>
<p>National nonprofit organization <a href="http://www.secondwind.org/index.html"><strong>Second Wind Dreams</strong></a> got word of Catherine’s desire, dressed her in a cap and gown, and presented her with the distinction of being a member of Emory University’s Class of 1028.<span id="more-266"></span></p>
<p>For more than a decade, <strong>Atlanta, Ga.</strong>-based Second Wind Dreams has been enriching the lives of seniors by granting wishes. Many of these residents live in <strong>nursing homes</strong> or <strong>assisted living facilities</strong>. To date, more than 235 facilities in 40 states, Canada and even India have see wishes granted by Second Wind Dreams.</p>
<p>The organization focuses on individuals living in <strong>long-term care facilities</strong> or in <strong>hospice care</strong>. Many of these individuals are without family support or financial resources. Dreams come in the form of motorcycle rides, bowling games, special first dates, and camel rides.</p>
<p>Eighty-six-year-old Virginia from <strong>West Virginia</strong>, dreamed of conducting a symphony orchestra. Second Wind Dreams arranged for her to take the podium at the West Virginia Symphony.</p>
<p>At a time when more than 90 percent of <a href="http://www.nursinghome-legal.com/news/2008/10/01/gauging-care-quality-at-nursing-homes-can-be-tricky/"><strong>our nation’s nursing homes are cited for </strong><strong>federal health and safety violations</strong>,</a> it is rewarding to see an organization dedicated to making the lives of the elderly happy. A dream come true for one person, can warm the lives of many. As witnessed by Second Wind Dreams: “Long after a dream has been fulfilled, the effects linger, giving all involved a second wind.”</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/20/second-wind-makes-seniors-dreams-come-true/">Second Wind makes seniors&#8217; dreams come true</a></p>


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		<title>California police investigate elder abuse at assisted living facility</title>
		<link>http://www.nursinghome-legal.com/news/2008/10/14/california-police-investigate-elder-abuse-at-assisted-living-facility/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/10/14/california-police-investigate-elder-abuse-at-assisted-living-facility/#comments</comments>
		<pubDate>Tue, 14 Oct 2008 14:30:01 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
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		<guid isPermaLink="false">http://www.nursinghome-legal.com/?p=232</guid>
		<description><![CDATA[Rita Kittower had no choice but to put her husband of nearly 50 years into an assisted living facility after he suffered a major stroke that diminished his memory and left him unable to care for himself. Mrs. Kittower paid $75,000 a year to the upscale Silverado Senior Living facility in Calabasas, Calif., to provide [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/14/california-police-investigate-elder-abuse-at-assisted-living-facility/">California police investigate elder abuse at assisted living facility</a></p>



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			<content:encoded><![CDATA[<p>Rita Kittower had no choice but to put her husband of nearly 50 years into an <strong>assisted living facility</strong> after he suffered a major stroke that diminished his memory and left him unable to care for himself. Mrs. Kittower paid $75,000 a year to the upscale Silverado Senior Living facility in Calabasas, Calif., to provide her husband Elmore with the best possible care, according to the <a href="http://www.latimes.com/business/careers/work/la-me-elder3-2008oct03,0,4319817.story">Los Angeles Times</a>.</p>
<p>When he <strong>died</strong>, staff told her Mr. Kittower died peacefully in his sleep.</p>
<p>But when Mrs. Kittower received a call the day after burying her husband from an employee at Silverado, she was devastated. The caller said that shortly before Kittower died she saw a fellow employee <strong>punch</strong> Kittower’s husband’s face and wrap a towel around his head as if to <strong>suffocate him</strong>.<span id="more-232"></span></p>
<p>After an 11-month investigation which included the exhuming of Mr. Kittower’s body, homicide detectives say they have evidence that 20-year-old Cesar Ulloa, who worked in the home, <strong>physically assaulted</strong> Mr. Kittower in the minutes before and the months prior to his death. Ulloa is being held on $1 million bond and could face charges of <a href="http://www.nursinghome-legal.com/"><strong>elder abuse</strong></a> and <strong>torture</strong>.</p>
<p>Police also arrested Luis Arrelleano, 21, Juan Soto, 21, and Maria Gomez, 34. The family plans to offer a $10,000 reward for more information about <strong>abuse</strong> at Silverado.</p>
<p>Silverado officials have not been fully cooperating with the family nor with investigators. Facility officials say that an internal investigation concluded that staff had done nothing improper nor had any connection to Kittower’s death.</p>
<p>Meanwhile, police investigations continue.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/10/14/california-police-investigate-elder-abuse-at-assisted-living-facility/">California police investigate elder abuse at assisted living facility</a></p>


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		<title>Family files wrongful death lawsuit against California facility</title>
		<link>http://www.nursinghome-legal.com/news/2008/09/26/family-files-wrongful-death-lawsuit-against-california-facility/</link>
		<comments>http://www.nursinghome-legal.com/news/2008/09/26/family-files-wrongful-death-lawsuit-against-california-facility/#comments</comments>
		<pubDate>Fri, 26 Sep 2008 16:12:36 +0000</pubDate>
		<dc:creator>Jennifer Walker-Journey</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Nursing Home Links]]></category>
		<category><![CDATA[assisted living facility]]></category>
		<category><![CDATA[California]]></category>
		<category><![CDATA[death]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[nursing home]]></category>
		<category><![CDATA[nursing homes]]></category>
		<category><![CDATA[Orange County]]></category>
		<category><![CDATA[wrongful death]]></category>

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		<description><![CDATA[Joanne Kessler believed she was doing the right thing when in 2006 she moved her mother, Luveda Fern Kessler, from another assisted living facility to Villa Valencia Health Care Center in Orange County, Calif., to be closer to her. The elder Kessler had had both hip- and knee-replacement surgeries and used a walker for mobility. [...]<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/09/26/family-files-wrongful-death-lawsuit-against-california-facility/">Family files wrongful death lawsuit against California facility</a></p>



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			<content:encoded><![CDATA[<p>Joanne Kessler believed she was doing the right thing when in 2006 she moved her mother, Luveda Fern Kessler, from another <strong>assisted living facility</strong> to Villa Valencia Health Care Center in <strong>Orange County</strong>, Calif., to be closer to her. The elder Kessler had had both hip- and knee-replacement surgeries and used a walker for mobility. She needed assistance getting out of bed and to the bathroom, a nurse noted.<span id="more-123"></span></p>
<p>Joanne now doubts that decision.</p>
<p>Last month, Luveda fell from her bed in the night and pressed her personal emergency call button. The fall caused a two-inch gash on her leg, which bled out on to the floor of her room at Villa Valencia. Nearly fifteen minutes later, a staffer called 911. When paramedics arrived, Luveda was <strong>unresponsive</strong> and was later <strong>pronounced dead</strong> at a local hospital.</p>
<p>The <a href="http://www.ocregister.com/articles/kessler-valencia-villa-2170743-death-living">Orange County (Calif.) Register</a> reported today that the family of Luveda has filed a <strong><a href="http://www.southerninjurylawyer.com/personal-injury/wrongful-death/" title="" rel="external">wrongful death</a></strong> lawsuit in Orange County Superior Court against Villa Valencai and its owner, Sunrise Senior Living Inc. Joanne contends her mother’s death could have been prevented.</p>
<p>According to the story, a spokesman for the California Department of Social Services said Villa Valencia would be cited for not filing a report about <strong>Luveda’s death</strong> within seven days of the incident. The citation will require the facility to submit a report on how it would correct similar problems in the future.</p>
<p>While assisted living patients have similar needs to those in nursing homes, they are governed by less stringent regulations.</p>
<p>SOURCE: <a href="http://www.nursinghome-legal.com">Nursing Home Abuse</a> &rsaquo; <a href="http://www.nursinghome-legal.com/news/2008/09/26/family-files-wrongful-death-lawsuit-against-california-facility/">Family files wrongful death lawsuit against California facility</a></p>


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