Michigan Attorney General Cox Charges Monroe County CNA With Abuse of 91-Year-Old Nursing Home Resident; Two Administrators Also Charged With Failing to Report Abuse
Wednesday, October 19th, 2005.
Lansing, MI - Attorney General Mike Cox announced today that he has charged a Monroe County nursing home employee with abusing a vulnerable adult resident, which led to the resident’s death. Also charged are the facility’s administrator and the director of nursing for failing to report the incident to authorities as required by law.
“This tragic incident should never have happened,” said Cox. “Through vigilant oversight, aggressive prosecution, and proposing changes in the laws governing nursing home employees, my office is doing everything possible to prevent future harm to our most vulnerable adults.”
Formerly a Certified Nursing Assistant (CNA) at Medilodge Nursing Home in Monroe, Esau Jake Allen, 49, of Monroe, was arrested by Attorney General investigators Tuesday. Judge Jack Vitale of Monroe’s 1st District Court arraigned Allen on one count of felony Vulnerable Adult Abuse - 2nd Degree, which carries a maximum penalty of four years in prison and/or a $5,000 fine. Judge Vitale released Allen on a $5,000 personal recognizance bond and he will be back in court November 1 at 1:00 p.m. for a pre-exam conference. Allen is no longer employed at Medilodge.
Cox also charged Medilodge’s former Administrator, Mark Russell Major, 43, of Monroe, and its Director of Nursing, Connie Marie Jennings, R.N., 40, of Erie, in the incident. Major and Jennings surrendered to Attorney General investigators on October 4 and were each arraigned by Judge Vitale one count of misdemeanor Failure to Report Abuse, which carries a maximum penalty of 90 days in jail and/or a $100 fine. Judge Vitale released Major and Jennings on a $1,000 personal recognizance bond and they will be back in court January 3 for trial. Major is no longer employed at Medilodge.
Cox alleges in the complaint that on September 14, 2004, Allen failed to secure a 91-year-old female resident safely in her wheelchair as directed in writing by the facility physician. As a result, the resident fell from the wheelchair and was transported to Monroe’s Mercy Memorial Hospital, where she died on September 18, 2004 of a fracture of the cervical spine and blunt trauma to the head. Cox further alleges that neither Major nor Jennings reported the incident to the Department of Community Health as required by law.
A criminal charge is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
To report Medicaid provider fraud or identity theft/patient abuse in a resident care facility, call the Attorney General’s 24-hour Hotline at 800 24-ABUSE (800-242-2873); e-mail hcf@michigan.gov; or visit the Attorney General’s Web site at http://www.michigan.gov/ag.
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