3 Skilled Nursing Facility staff arrested for drugging deaths of patients


Published on Thursday, February 19, 2009 8:13 AM PST

Cathy Perfect
Kern Valley Sun

Attorney General Jerry Brown today announced the arrests of a nurse, physician, and a pharmacist of the Kern Valley Healthcare District's Skilled Nursing Facility for “forcibly administering psychotropic medications for their own convenience, rather than for their patients’ therapeutic interests.” The Attorney General said these actions are alleged to have resulted in the deaths of three residents.

Taken into custody earlier today, Feb. 18, by California Department of Justice special agents were Gwen Hughes, the former Director of Nursing at the Skilled Nursing Facility of the Kern Valley Healthcare District in Lake Isabella, on charges of elder abuse and assault with a deadly weapon; Debbi Hayes, the former pharmacist at KVHD, on charges of elder abuse and assault with a deadly weapon; and Dr. Hoshang Pormir, a staff physician at Kern Valley Hospital, who was serving as the medical director of the Skilled Nursing Facility, on charges of elder abuse.

“These people maliciously violated the trust of their patients, by holding them down and forcibly administering psychotropic medications if they dared to question their care,” Attorney General Brown said. “This is appalling behavior, which amounts to assault with a deadly weapon.”

According to the statement issued by the Attorney General's office, Hughes, upon taking over as Director of Nursing in September 2006, ordered that Alzheimer’s and other dementia patients be given high doses of psychotropic medications to make them more tranquil and easy to control. It goes on to say, “She ordered the administration of these medications to patients who argued with her, were noisy, or who were otherwise disruptive.” Two patients who resisted were held down and forcibly given injections.

The complaint also alleges that Hughes directed Debbi Hayes, the hospital pharmacist, to fill prescriptions for these psychotropic medications. Hayes wrote and filled these prescriptions without first obtaining a doctor’s approval, the complain said.

According to complaint, Pormir approved these psychotropic medications only some time after they had been administered and without examining the patients first and determining whether these psychotropic medications were medically necessary.

Investigators allege that several of these patients had medical complications as a result of being given these psychotropic medications, including lethargy and the inability to eat or drink properly. It is believed that that three patients died and one patient suffered great bodily injury as a result.

The case came to the attention of authorities in January 2007, when an ombudsman reported to the Bakersfield office of the California Department of Public Health that a patient in the Skilled Nursing Facility had been held down and given an injection of psychotropic medication by force.

The Department of Public Health immediately sent an investigative team with a doctor, a nurse, and a doctor of pharmacology. They determined that 22 patients, including some who were suffering from Alzheimer’s at the Skilled Nursing Facility, were being given high doses of psychotropic medication not for therapeutic reasons, but to simply control and quiet them for the convenience of the staff.

The Department of Public Health issued a Certificate of Immediate Jeopardy which resulted in the immediate dismissal of the Ms. Hughes. The matter was then turned over to the California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse.

Special Agents from the Bureau of Medi-Cal Fraud and Elder Abuse began a year-long investigation, with the co-operation and assistance of the Department of Public Health and the administration of the Kern Valley Healthcare District.

Pamela Ott, CEO at the time, left the district in May 2007. Current KVHD Board of Directors Chair Kay Knight said, “A lot of people don't understand that this happened more than two years ago and is not going on now.”

Chet Beedle, Chief Financial Officer, reported that CEO Rick Carter and Board of Directors spokesperson Victoria Alwin were unavailable. He added that he was prohibited from commenting on the arrests and that a formal statement was coming.

A search warrant was served on the facility in August 2008, resulting in the seizure of 36 patients' medical files and records.

Criminal charges were filed in Kern County Superior Court and the defendants are being held in Kern County Jail in Bakersfield. Pormir is charged with one felony count of causing harm/death of an elder of dependent adult. He is being held on $400,000 bail. Hughes and Hayes are each charged with two felony counts, one count of causing harm/death of an elder of dependent adult and another felony count of assault with a deadly weapon other than a firearm of great bodily force. The trio will be arraigned in Superior Court in Bakersfield Friday morning. If convicted, the defendants could face up to 11 years in prison.

The case is being prosecuted by the Attorney General’s Bureau of Medi-Cal Fraud and Elder Abuse, with the co-operation and assistance of the Kern County District Attorney’s Office.

Comments

23 comment(s)

    Anonymous wrote on Mar 18, 2009 12:11 AM:

    " I was a patient of Dr. Pormir's in the ER. He was someone I decided not to trust. I only had a minor problem. He tried to convince me to be admitted. That was after I finally could stop throwing up and having other problems from catching what my own patients had at another hospital. When I found out about this, I recalled a very sick elderly person in the ER dying that night. I filed a formal complaint about another doctor as an able bodied medical patient who was inappropriate and imperious, more than Pormir. "

    Horrified in Oregon wrote on Mar 3, 2009 3:46 AM:

    " Having grown up in the Valley and having been an employee at KVHD (not the SNF, a copy of the KV Sun was sent to me as a matter of personal interest.
    I understand that KVHD is the only game in town and I understand the pressure to preserve one's job but what about the nurses working the floor. I'd like to hear more of their actions to put a stop to this woman's delirious notion that she was in charge. "

    Jen wrote on Mar 2, 2009 9:52 PM:

    " It is so strange that this is still going on! I was employed at KVH in 1998-2000, both of my grandparents died in the SNF. I makes me wonder if they were subjected to this treatment? I have been a CNA for 12 years, and now manage an assisted living in Colorado. I pray the State of Califorina stops this behavior by the "higher-ups", our elderly deserve the very best! "

    Carol Riley wrote on Feb 25, 2009 2:41 PM:

    " This is so sad to hear what happened to these helpless elderly patients! It just makes me sick.
    I don't understand how Gwen Hughes still has her nursing license! Not only should G. Hughes have her license terminated, she deserves a very long prison sentence!
    Shame on others too who allowed this tragedy to happen. It won't be too long before G. Hughes will be in the same boat as these elderly patients are, and "what goes around comes around". She makes Nurse Ratchett look like Mother Teresa. "

    ssmith wrote on Feb 25, 2009 8:36 AM:

    " Well, who is surprised by any of this. Everyone knows that it was happening, Sharon Brucker, Pam Ott, and many others. The place should be shut down for good. The new board does not have a chance, the liars and cheats remain employed. Where was the arrest of Pam Ott and Sharon Brucker -- were they not involved and holding officers of CNO and CEO when this occurred. Records need to be checked. "

    Many Questions wrote on Feb 24, 2009 7:08 PM:

    " Well actually shame on the State. When they are called into a facility to investigate (10 yrs ago) and find that this individual was at fault, surely something should have appeared (disciplinary action...etc) on the licensing board and followed the individual. Such complaints are not covered under privacy laws. It would seem that the State just "let things go" so she was then able to go elsewhere and do more damage....go figure!!! "

    jmcd wrote on Feb 24, 2009 12:56 AM:

    " it is a shame what happened to the residents that were over drugged. I don't think things are so great still at the snc. I am afraid that shortage of staff is also detremental to the residents. Somedays there are only 3-4 aides there to take care of all the residents. Not to mention staff being forced to work around these residents when they are extremely sick. I don't want someone sick like that working around my elderly mother which in turn can end up giving her pneumonia. Why are so many local citizens getting terminated from there? "

    Peg wrote on Feb 23, 2009 10:12 PM:

    " I do not have a staff and I am not an employee of KVHD. If you have evidence of abuse in this or any other facility, it should immediately be reported. "

    mMRj7 wrote on Feb 23, 2009 6:37 PM:

    " Peg, your team spirit is what’s scariest about you. Contrary to what you’ve stated, reports of patients being drugged for staff convenience were being handled by the facility’s administrators on the day of the arrests. You say the effectiveness of the ombudsmen is due to your staff’s willingness to report even minor incidents to them—in other words, when your staff do wrong, they tattle on themselves. Of course that’s never been their policy. It took three “criminals” to abuse, even murder, your patients, and an entire staff of onlookers to accept these crimes as workaday routine. "

    Many Questions Clues wrote on Feb 23, 2009 11:37 AM:

    " If one reads all the articles regarding this issue on this web site and the Bakersfield Californian web site, the information regarding Gwen Hughes will be understood. There was no information on her record because todays "privacy rules" say no information can be given out regarding employment except whether that person is eligible for hire.

    Todays "Privacy rules" also hamper us in electing those who would run for the office of Trustee of the KVHD, even when those whose previous employment of such District was highly questionable. "

    Many Questions wrote on Feb 23, 2009 10:43 AM:

    " My heart goes out to the patients and families who were affected by this tragedy. I have a hard time understanding also why employment was still allowed...I would have thought leave of absence/suspension until investigated? One troubling question is how "Gwen" could work previously at a facility in Fresno and have similar complaints and be "let go"...how did that happen? Were her references/licensing board ever checked upon hire? I think this could have been avoided if her license was taken then. and then after be "let go" from KVHD, going to Bakersfield and working at Mercy? Something is way wrong! "

    KVHDwitness wrote on Feb 22, 2009 5:22 PM:

    " Having worked with those arrested, I can say all arrests and charges were justified. All three were made aware by staff memebers of the patients declining health, and well being as a result of thier actions. These people made no changes in the medications resulting in patients decline and deaths. Having witnesses these patients declines state was appropriatley called in and justice is finally being served. "

    Valley Resident wrote on Feb 20, 2009 3:48 PM:

    " The hospital board and former hospital CEO Pamela Ott should be held highly responsible for not listening to the employees that came forward at board meetings months before this happened in 2007! Bob Knight knew something was wrong, and wanted to help when he was on the board, and as usual Pam and the board just laughed at him. No laughing matter now! "

    mMRj7 wrote on Feb 20, 2009 2:37 PM:

    " Thanks for your reply, Peg. Again, do you mean to suggest that the ombudsmen overseeing the facility have handled no complaints during the past three years, or even the past three months, of patients having been subjected to the same abuses that led to Wednesday’s arrests? Your patients and their families are complaining, and I wonder how it is that you don’t hear them. "

    Thisissad wrote on Feb 20, 2009 11:36 AM:

    " This is a heartbreaking story, and I hope justice is dealt out appropriately. That being said, it is our responsibility to hold the SNF accountable to provide residents with standard of living in which we all want to live. Ombudsman are patient advocates for those living in nursing and assistant living homes. Anyone can call an Ombudsman, when they concerned about care being given. So simply by visiting we can hold SNF accountable and bring joy into a resident's life. "

    Peg wrote on Feb 20, 2009 9:23 AM:

    " Only one of the people involved was still employed by the hospital. mMRj7, I am not concerned because the facility is under close watch by the state and because there is a constant presence of Ombudsmen in the facility and the new administration is professional and ethical. The residents are happy and active, well fed and not abused in any fashion. concerned citizen, you are in great err and not only will it not "close down" it shouldn't be. Go visit, walk around, talk to some residents...you'll see for yourself they are well cared for. "

    Weekender wrote on Feb 19, 2009 10:27 PM:

    " So what is there to stop this again? I don't get much comfort from Peg's comment, reasonable as it seems. Are the deputies there 24/7? "

    Shari Childers wrote on Feb 19, 2009 8:30 PM:

    " As someone who grew up there and have been in the SNF industry for over 21 years, it saddens me that those residents were treated that way. Remember they are someone's family....Would you want that to happen to your family member? "

    Chris wrote on Feb 19, 2009 8:09 PM:

    " I am fortunate to never have to step foot in that facility again. I spent every weekend driving up from the flatlands to see my father sleeping on the floor, strapped to a matress and drooling from his mouth. He had no idea what planet he was on. I met one of the individuals involved and wish her well enjoying 3 hots a day for the next decade. Dad died at home thankfully - I held his hand when he went. I am hopeful that the new administration will maintain a level of dignity for our elders. Shame on you. "

    concerned citizen wrote on Feb 19, 2009 4:28 PM:

    " unbelievable, of course they were still employed there, all but one who worked in Bakersield ater she was "dismissed" I hope this shuts that place down for good, it's been a long time coming "

    mMRj7 wrote on Feb 19, 2009 2:56 PM:

    " Peg, do you mean to suggest that no complaints have been made to the State over the past three years of patients having been subjected to the same abuses that led to yesterday’s arrests? Weren’t most of the people responsible for those abuses still employed by your nursing facility yesterday? Other than that the State is watching you, what’s kept you from being concerned? "

    Valleylover wrote on Feb 19, 2009 12:14 PM:

    " THANK YOU,PEG! ! ! ! "

    Peg wrote on Feb 19, 2009 9:11 AM:

    " As tragic as these events are, people need to remember that this is a result of circumstances that happened 3 years ago and our hospital and SNF have been under a State microscope since and has passed all examinations. Our SNF is being administered by professionals and these types of events are not a concern now or in the immediate future. "

WRITE A COMMENT

Use the form below to post a brief comment to this story, or respond to other readers. Please use the word count tool to assist you in keeping your remarks to 100 words or fewer.

Comments must be approved by an editor before appearing on the Web site. Editors review submitted comments periodically during the day for offensive, off-topic, repetitious and/or redundant content before posting. Your thoughtful contribution to the online discussion is appreciated.

(optional)
Current Word Count:
   


Multimedia

Classifieds

Contact us: 760 379 3667
Click for Lake Isabella, California Forecast