Father's death troubles brothers - News

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Aug. 07, 2008
Copyright © Las Vegas Review-Journal

Father's death troubles brothers

They say Las Vegas nursing home should take responsibility

By ANNETTE WELLS
REVIEW-JOURNAL

Edward Monsour
75-year-old left Las Vegas nursing home and died of an ischemic pressure ulcer

When Edward "Tiger" Monsour's family left him in the care of a Las Vegas nursing home in 2005 to recover from a fall, they thought he would rehabilitate, return home and re-establish himself as the family's patriarch.

But nearly a year later, Monsour left Manor Health Care Center, 8501 Del Webb Blvd., in far worse shape than when he arrived, his four sons say.

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In April 2006, Monsour was wheeled out of the facility, wearing a diaper and suffering from bedsores and a large ulcer on his heel that had blackened from gangrene. He died a few weeks later at 75 of sepsis, a bacterial blood infection.

Brothers Michael, Danny, Edward and Adam Monsour blamed their father's death on the facility. They say there was inadequate supervision, lack of staffing and an untrained wound care nurse who knew nothing about treating ulcers.

They filed a complaint in District Court in 2006, prior to their father's death. Arbitrator Stephen Huffaker found Manor Health Care Center did not perform "up to the standard of care mandated by Skilled Nursing Home rules and regulations" when caring for the elder Monsour.

Huffaker, who has also served as a senior judge in District Court, said the facility violated Nevada law when it "failed to provide adequate care, causing pain and suffering to both the deceased and his family.''

He awarded Monsour's estate $114,431.32 for compensatory damages; $240,000 to his estate and heirs for personal injury, pain and suffering; $200,000 to his sons for loss of companionship and consortium; and $200,000 for attorney fees and costs.

The total comes to just over $754,000.

"They totally neglected our father. He was not getting proper health care," Danny Monsour said.

But motions filed last month by attorneys on behalf of Manor Health Care Center suggest Nevada law doesn't allow Monsour's sons or heirs to recover most of the damages because Huffaker found against the portion of the complaint that claimed wrongful death.

According to Huffaker's ruling, "The evidence showed that Mr. Monsour would have died from the underlying physical ailment, an ischemic pressure ulcer, regardless of quality of care.''

The motion seeks to modify Huffaker's decision as well as reduce the award amount.

Asked to elaborate on the motion, Manor Health Care's Las Vegas attorney said he couldn't comment on "ongoing litigation."

"I think it would be inappropriate,'' Alan Westbrook said.

A hearing is scheduled Sept. 8 to enter the judgment into the court record.

Attorneys for the Monsour family call Manor Health Care's legal actions a tactic to get out of paying the award.

"We could have brought the case before a jury; the defendant came to us and asked if we would agree to binding arbitration,'' said Alan Levine, a Florida attorney representing the Monsours. "We were actually shocked because they basically agreed to give up their right to an appeal. ... They're trying to do whatever they can to negotiate off the number.''

However, he said the amount of the award should send a message to long-term care facilities.

According to the National Center on Elder Abuse, up to 2 million Americans age 65 and older have been injured, exploited or otherwise mistreated by someone on whom they depended for care or protection.

Between July 1, 2006, and June 30, 2007, the Nevada State Division for Aging Services investigated 4,476 cases of elder abuse, the largest percentage of which were reported in Clark County. Abuse can occur within a person's own home, a long-term care facility such as a group or nursing home, or inside a medical care facility. The division's elder abuse reporting system doesn't distinguish abuse cases based on where they occurred.

However, in the past six months, 188 cases have been reported to the agency involving elder abuse in nursing or group homes, said Kay Rogne, elder protective service program manager.

Rogne said the agency plans to start keeping track of reported elder abuse cases in nursing homes.

"There's a pattern of conduct that all of these nursing homes exhibit, and what often happens is these families don't want to get involved with litigation,'' Levine said.

Weeks after Monsour was admitted into Manor Health Care, his sons said they began noticing changes in the type of care he was receiving.

He started out getting three meals a day and seeing a physical therapist to build up strength in his legs, Danny Monsour said. He also got haircuts, laundry service and was able to leave his room on his own.

Within a couple of months, that all changed, the brothers said.

"The physical therapy stopped. His meals stopped. When they did Tiger's laundry, his clothes were lost,'' Danny Monsour said. "We would give him money and it would get stolen. He was losing weight.

"He did not enter Manor needing diapers, but since nobody would take him to the restroom, they started putting diapers on him,'' he said.

At one point, Michael Monsour found his father, an Army veteran, crying one day in his room.

"My dad was never a complainer. He was a strong man,'' Danny Monsour said. "He felt helpless at Manor because his voice was never heard. Our voices were never heard.''

After listening to their father's pleas, the Monsour brothers filed neglect charges under Nevada's elder abuse statute.

The brothers say they are baffled that the facility's attorneys have filed motions to modify Huffaker's judgment.

They say they're not looking to get rich off their father's death and they just want Manor Health Care to take responsibility.

They also want to bring the public's attention to neglect in long-term care facilities.

"You can't just assume a medical facility is safe just because it has been recommended,'' Adam Monsour said. "We had to discover the hard way.

"It wasn't until the last couple of months our father was at Manor that we really started investigating and noticing the negligence.''

Contact reporter Annette Wells at awells@ reviewjournal.com or 702-383-0283.

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Please enter your name Name: Please enter your email Email: Please enter a comment COMMENTS : (word count limit is 300) You have reached the maximum number of words allowed Current Word Count: Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background. alanlevine wrote on January 27, 2009 09:30 AM: Jennifer, please give me a call to discuss. 954-522-2526 jennifer wrote on January 23, 2009 06:27 AM: I lost a loved one at Manor. This place is terrible. They really needs to be investigated or something. jim wrote on January 11, 2009 07:07 AM: I came across this article doing research - This case is over and Manor lost the case. However the attorney that represents manor, is milking the owners of Manor for all he can get. That is a terrible crime in it's self. He does this with most of his cases. The Owners of Manor don't even know that they Lost the Case. Or what their attorney is doing. People like to pass judgment on a family that is trying to seek justice when the Manor and the Attorneys that represent Manor should be judged themselves. If anyone really looks into this case they would just cringe to find out all the details of how the Manor and the uneducated staff treat the people that reside there. The Owners of Manor Health Care Make Millions of Dollars off of the suffering. And continue to get away with MURDER. If other people stand up to people like this places like this will change and actually help people. Justicefighter wrote on January 11, 2009 07:03 AM: I came across this article doing research - This case is over and Manor lost the case. However the attorney that represents manor, Tom Beach, is milking the owners of Manor for all he can get. That is a terrible crime in it's self. He does this with most of his cases. The Owners of Manor don't even know that they Lost the Case. Or what their attorney is doing. He does not communicate with his clients and continues to make money off his own clients. Even after a case is lost. People like to pass judgment on a family that is trying to seek justice when the Manor and the Attorneys that represent Manor should be judged themselves. If anyone really looks into this case they would just cringe to find out all the details of how the Manor and the uneducated staff treat the people that reside there. The Owners of Manor Health Care Make Millions of Dollars off of the suffering and the helpless. And continue to get away with MURDER. If other people stand up to people like this, places like this will change and actually help people. Conserned wrote on August 18, 2008 08:19 PM: What ever happened to - "innocent until proven guilty?" You are only hearing one side of the story, how about hearing the other side of the story first before making the judgement? Brandie wrote on August 14, 2008 05:35 AM: When a person entrusts their loved ones to a place that promises good care, security, & the emotional fortitude to you a good job, You expect them to DO THAT JOB RIGHT- NOT KILL THE PERSON & COVER IT UP!!! These people should be tried in court for MURDER! This is what they have done. They have robbed a family of it's father & wife of her husband & partner. They are despicable criminals & should at the very least be shut down! Everyday they are open is another day that someone else's life is in jeopardy. I am embarrassed for the justice system's failiar in this case. A man's life for what? I bet they don't even know his name! CLOSE THEM DOWN!!! Denise Vaughn wrote on August 11, 2008 04:16 PM: After reading this article I feel Manor Health Care is totally responsible for the death of Mr. Monsour and they should be held liable. If they are held responsible, the just might make improvements in the care of their patients. alicia wrote on August 10, 2008 02:28 PM: I am glad this topic has been brought up.I was in a similar situation with my grandma and I also would like to see these matters resolved. it is a terrible thing for any family to have to deal with. The state should step in. Thank You Barbara Campagiorni wrote on August 07, 2008 08:48 PM: My thoughts and prayers are with the Mansour family. I too lost my grandmother recently (July 16, 2008)who was residing at the Manor Care. I experienced the same problems as the Monsour's. When I voiced my concerns, my grandmother was treated worse. I wrote the Senator, Governor, Mayor pleading for assistance and was just referred to the elderly agencies who in my experience really didnt care. No one would help me. I miss my grandmother tremendously as I'm sure the Monsour's miss their father. Shame on the Manor's attorney for there is not enough money to ever ease the pain of losing someone you love. Let's face it, with the current and ever increasing geriatric population, nursing homes must be held more accountable for the care of their patients. They must have sufficient devises to monitor all patient safety and well-being and to have appropriate equipment for the promotion of tissue viability. It is not too far in the future when those of us requesting the proper care for our loved ones will be entering these same facilities and our children and grandchildren will be facing these same fears and terrible conditions. To Mr. Huffaker and Mr. Levine I commend you both for defending the rights of the elderly. I wish I would have read this article sooner. After all my failed attempts it gives me hope. Even though it is too late for my grandmother and Mr. Monsour hopefully the nursing homes will be held more accountable in the future. Sincerely, Barbara Campagiorni Elderly caretaker wrote on August 07, 2008 04:41 PM: I know from first hand experience that most medical facilities do not take any special care to deal with the elderly. From labs to doctor offices to hospitals to assisted living, very little attention is directed to the special needs of the elderly. Can they hear you? How fast can they follow you up a hallway to an exam room? Do they have memory issues and need more frequent explanation as to why they are there and what you are doing? Very few professionals focus any attention on these details, despite many of them working exclusively with the elderly. When you find someone who does, they are worth their weight in gold. There are two of us caring for our elderly parent. We both have full time jobs and responsibility. Sometimes it'hard, really hard, to give our parent the necessary assistance. Sometimes we are exhausted. But we share the responsibility and take it one day at a time. I feel incredibly sorry for those elderly patients who do not have an advicate. When I realize how hard we have to work to make sure the care received is adequate, with us in the mix, what do these poor people do without someone to run interference. We should be ashamed of health care in this country. Read All Comments