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COMMONWEALTH OF MASSACHUSETTS
NORFOLK, SS SUPERIOR COURT COMPLAINT
CIVIL ACTION NO.:
ANONYMOUS, ADMINISTRATOR )
OF THE ESTATE OF ANONYMOUS, )
Plaintiff,)
v.)
KINDRED NURSING CENTERS )
EAST, L.L.C. D/B/A FRANKLIN SKILLED )
NURSING & REHABILITATION CENTER )
and BERNADETTE STACKPOLE )
Defendants. )
Parties
1) ANONYMOUS resides within the County of Worcester Massachusetts.
2) The Plaintiff is the surviving child of ANONYMOUS and the duly
appointed Administrator of his estate.
3) Kindred Nursing Centers East, L.L.C is a foreign Limited Liability
Company organized under the State of Delaware with a principal place
of business at 680 South Fourth Street Louisville, Kentucky 40202
4) Defendant Kindred Nursing Centers East, L.L.C. ('Kindred', DBA
'Franklin') operates a nursing facility at 130 Chestnut St. Franklin,
Norfolk County Massachusetts under the name "Franklin Skilled
Nursing & Rehabilitation Center" ("Franklin").
5) Defendant Bernadette Stackpole was at all relevant times an employee
of the Defendant Kindred/Franklin.
6) Bernadette Stackpole resides in Franklin, Norfolk County, Massachusetts.
Facts
7) Defendant Kindred/Franklin operated a nursing facility allowing
constant torture and abuse of elderly patients including ANONYMOUS
from 2003 through 2004.
8) During this time, Franklin condoned, allowed, encouraged and
participated in an atmosphere of inhumane treatment of its elderly
patients.
9) Franklin allowed, created and condoned an atmosphere of abuse
which included the following acts which occurred
a. Bending the legs back of a one hundred and six year old patient,
injuring her hip and causing her to scream out loud: "I'm going
to die";
b. Bending an elderly man's penis back and positioning it into his
buttocks while laughing at him;
c. Hitting, punching and squeezing the penis of elderly Alzheimer's
patients;
d. Allowing nurse's aides to spank residents;
e. Hitting residents on the head with hair brushes until they bled;
f. Pulling the resident's hair and punching them in the breasts,
stomach and neck;
g. Bragging about the abuse and laughing in front of elderly victims
about it;
h. Constantly screaming " fuck you" in the elderly patient's
ears;
i. Constantly giving the "finger" to the infirm patients;
j. Terrifying the patients with threats of physical abuse;
k. Grabbing and pulling patients testicles until they screamed out
in pain;
l. Patients were told that "they were going to die" at
Franklin;
m. Patients were punched and slapped in the face;
n. Patients were fed like they were animals;
o. Patients were "karate chopped" and kicked in the groin;
p. Causing elderly patients to scream out loud in pain from the
shower when treated roughly and inhumanely;
q. Making threatening crank telephone calls to the patients, scaring
them and upsetting them over false issues such as divorce and money,
etc;
r. Pushing residents into walls.
10) In 2001, ANONYMOUS was admitted to Franklin as a resident.
11) ANONYMOUS suffered from Alzheimer's disease and senile dementia.
He was also incontinent. He was admitted to the facility because
he required humane qualified nursing care and supervision.
12) ANONYMOUS was subjected to the abuse described above during
2003 and 2004.
13) ANONYMOUS died in 2004.
14) The last year of ANONYMOUS's life was filled with mistreatment,
degradation, injury and abuse.
15) During this time Franklin knew about these unspeakable horrors
but chose to do nothing to stop them.
16) During this time Franklin should have known about these acts
of abuse but chose to do nothing to stop them.
17) During this time Franklin had created, maintained and cultivated
an intimidating and chilling atmosphere of abuse and neglect.
18) During this time Franklin discouraged any reports of abuse or
neglect by staff.
19) Franklin suppressed and did not report the incidents of injury
and abuse described above.
20) Franklin intentionally turned a blind eye to the frequent abuse
of the patients it was entrusted to care for and did nothing to
stop it.
21) Franklin callously turned a deaf ear to the frequent screams
coming from helpless elderly patients it was entrusted to care for
and did nothing to stop it.
22) During this time the patients including the Plaintiff were upset,
and terrified by the abuse received at Franklin.
23) Franklin systematically robbed ANONYMOUS of his dignity during
this time.
24) State and Federal regulations prohibit a nursing home from allowing
a resident to be punished, intimidated or injured.
25) Infliction of injury, punishment or intimidation constitutes
abuse when the resident suffers physical harm, pain or mental anguish.
26) ANONYMOUS fell approximately 24 times at the facility due to
a lack of supervision and attendance by Franklin.
27) ANONYMOUS was sexually abused and injured by the Franklin employee/employees
who pulled and grabbed his penis roughly for no reason other than
to ridicule him and cause him pain.
28) On information and belief, ANONYMOUS experienced soreness and
bleeding in the groin area from mistreatment he suffered at Franklin.
29) Because ANONYMOUS was incontinent he was ignored by staff and
found soiled in feces and urine.
30) On information and belief, on December, 2003 ANONYMOUS had to
be hospitalized after slipping and falling in urine.
31) During this time Franklin allowed the constant instances of
abuse and neglect to continue because they were severely understaffed.
32) During this time Franklin allowed the constant instances of
abuse and neglect to continue because they chose not to hire and/or
train and/or supervise or monitor a sufficient number of qualified
healthcare personnel to care for the residents.
33) During this time Franklin was severely understaffed so that
some nurse assistants worked as many as 80 hours per week.
34) Franklin personnel who worked 80 hours per week became abusive
to patients including ANONYMOUS.
35) Franklin knew or should have known that personnel who worked
as many as 80 hours per week would become abusive to patients including
ANONYMOUS.
36) It was foreseeable that nursing assistants who worked as many
as 80 hours per week would become abusive to elderly patients including
ANONYMOUS.
37) Because of understaffing, reports were not made of neglect and
abuse of residents.
38) During the year 2003 and continuing until at least May of 2004,
despite the sometimes daily and frequent instances of abuse and
humiliation of the patients, no one stepped forward to stop it.
39) The Defendant Kindred/Franklin knew, or should have known, that
Anonymous was at risk for abuse and neglect. The Defendants failed
to provide adequate and appropriate care for ANONYMOUS.
40) On information and belief ANONYMOUS suffered personal injury,
experienced severe pain and suffering, emotional upset and anger
while he resided at the Defendant's facility.
41) As a Nursing Home facility, the Defendant Franklin and their
servants, agents and employees held themselves out to the public
and the Plaintiff as qualified and competent residential home providers
for the aged and infirm.
42) The Defendant Franklin, at all times relevant herein, charged,
and were paid by its residents and patients, for its services.
43) At all times relevant herein, the Defendants had the obligation
and ability to provide for the safety and care of its residents,
including the decedent herein.
44) The Defendants also had the obligation and ability to provide
a safe, adequate and habitable living environment for all of its
residents, including the decedent herein.
45) As a result of the negligence and carelessness of the Defendants
and its servants, agents and employees, the decedent was caused
to sustain personal injuries, including physical pain, suffering
and extreme humiliation.
46) Defendant Franklin violated the right of ANONYMOUS to a dignified
existence.
47) Defendant Franklin violated the right of ANONYMOUS to exercise
his rights as a resident of the Franklin facility and as a citizen
of the United States.
48) Defendant Franklin violated the right of ANONYMOUS to be free
of interference, coercion, discrimination, and reprisal from Franklin
in exercising his rights.
49) Defendant Franklin violated the right of ANONYMOUS to voice
grievances about treatment without discrimination or reprisal.
50) Defendant Franklin was required to protect and promote the rights
of each Resident, including ANONYMOUS during this time.
COUNT I
51) The Plaintiff, ANONYMOUS, as duly appointed Administrator of
the Estate of ANONYMOUS, repeats and reavers fully herein the allegations
contained in Paragraphs 1 through 50 of this complaint as if each
were set forth here in its entirety.
52) At all times relevant to this complaint, the Defendant Franklin,
represented and held itself out to be skilled in the provision of
care and supervision to its residents who are in need of nursing
home care and that it was knowledgeable, competent and qualified
to attend to the physical needs and supervision of the Plaintiff
on or about 2001.
53) On or about 2001, ANONYMOUS submitted himself to the care and
supervision of the Defendant Franklin, by its agents, servants or
employees, who negligently and carelessly and without regard for
ANONYMOUS 's health and well-being, treated him in a manner which
resulted in the Plaintiff's suffering personal injuries and emotional
trauma.
54) The injuries to ANONYMOUS were the direct and proximate result
of the carelessness, unskillfulness, negligence and improper care
and treatment by the Defendant Franklin, by its agents, servants
or employees, including but not limited to the following:
a. its misrepresentations to the Plaintiff that it was knowledgeable,
skillful and competent to attend to his physical needs and supervision;
b. its failure to adequately and properly provide for the physical
needs and supervision of the Plaintiff at all times, and its failure
to properly evaluate those needs and supervision requirements as
required by law;
c. its failure to recognize, or to have the knowledge to recognize
its inability and lack of skill to properly provide for the physical
needs and supervision of the Plaintiff, when it knew or should have
known of the foreseeable consequences of its inability and failure
to properly and skillfully provide the Plaintiff with acceptable
care and supervision;
d. its failure to possess and exercise that degree of skill, training
and care as is possessed and exercised by the average qualified
members of the residential care profession;
e. its failure to inform and to warn of the risks involved in or
associated with the Plaintiff's needs and failure to inform and
to warn about the dangers associated with those needs going unmet;
and
f. its failure to exercise reasonable care in hiring, supervising,
employing and/or continuing to employ its agents, servants and/or
employees.
g. its failure to hire train and supervise sufficient numbers of
qualified staff and medical personnel to care for its resident patients.
WHEREFORE, the Plaintiff, ANONYMOUS prays judgment against the
Defendant, Kindred/Franklin, for injuries and damages, together
with interest and costs.
COUNT II
55) The Plaintiff, repeats and reavers fully herein the allegations
contained in Paragraphs 1 through 54 of this complaint as if each
were set forth here in its entirety.
56) On or about 2001, the Defendant Franklin, by its agents, servants
or employees, contracted with the plaintiff to provide professional
services related to the care and supervision of the Plaintiff.
57) The Defendant Franklin, by its agents, servants or employees,
expressly and impliedly warranted to the Plaintiff that it would
perform and render said professional services in accordance with
accepted standards for the provision of nursing care and supervision,
and that it would possess and exercise that degree of skill and
care possessed and exercised by the average qualified members of
the nursing profession practicing its specialty.
58) On or about 2001 through 2004, the Defendant Franklin, by its
agents, servants or employees, breached its express and implied
warranties by failing to perform and render professional services
in accordance with accepted standards for the practice of nursing,
and by failing to possess and exercise that degree of skill and
care possessed and exercised by the average qualified members of
the nursing profession practicing its specialty, which breach resulted
in the injury to ANONYMOUS.
59) The injuries to ANONYMOUS were the direct and proximate result
of the breach of express and implied warranties of the Defendant
Franklin, by its agents, servants or employees.
WHEREFORE, The Plaintiff, prays judgment against the Defendant,
Kindred/Franklin, for damages, together with interest and costs.
COUNT III
60) The Plaintiff, repeats and reavers fully herein Paragraphs
1 through 59 of this complaint as if each were set forth here in
its entirety.
61) On or about 2001, average qualified members of the nursing care
profession providing care and supervision to elderly residents knew
or should have known of the risks, potential consequences and alternatives
to the Defendant's choice of management of the Plaintiff's needs
and supervision.
62) On or about 2001, the Defendant Franklin, by its agents, servants
or employees, knew or should have known of the risks, potential
consequences and alternatives to the Defendant's choice of management
of the Plaintiff's needs and supervision.
63) On or about 2001, the Defendant Franklin, by its agents, servants
or employees, did not inform the Plaintiff of the alternatives to
and risks and potential consequences of the Defendant's choice of
management of the Plaintiff's needs and supervision.
64) If the Defendant Franklin, by its agents, servants or employees,
had informed the Plaintiff of the alternatives to and risks and
potential consequences of the Defendant's choice of management of
the Plaintiff's needs and supervision, neither the Plaintiff nor
a reasonable person in his position would have elected the Defendant's
choice of management of the Plaintiff's needs and supervision.
65) The alternatives to and the risks and potential consequences
of the Defendant's choice of management of the Plaintiff's needs
and supervision were material to a decision by the Plaintiff's and
a reasonable person in his position as to whether to undergo the
Defendant's choice of management of the Plaintiff's needs and supervision.
66) ANONYMOUS suffered injuries at Franklin which were the direct
and proximate result of the Defendant Franklin, by its agents',
servants' or employees' failure to obtain the informed consent of
the Plaintiff.
WHEREFORE, The Plaintiff, prays judgment against the Defendant,
Kindred/Franklin, for the above-described injuries, together with
interest and costs.
COUNT IV
67) The Plaintiff, repeats and reavers fully herein Paragraphs
1 through 66 of this complaint as if each were set forth here in
its entirety.
68) At all times relevant, the Defendant Franklin, was engaged in
trade or commerce and Anonymous was a consumer as defined by Massachusetts
law.
69) The within Complaint was filed more than thirty (30) days after
a written demand for relief pursuant to G.L. c. 93A, § 9, was
sent to the Defendant.
70) Between 2001 and May 14, 2004, the Defendant Franklin, did commit
unfair and/or deceptive acts and practices in violation of G.L.
c. 93A, § 2, by failing to comply with the requirements of
105 C.M.R. 150.015:
a. by failing to accurately record and make known to all staff attending
Anonymous his need for humane care and assistance;
b. by failing to periodically evaluate and monitor the services,
protective measures and accommodations needed by Anonymous;
c. by failing to provide for the safety and emotional and physical
well being of its resident, Anonymous when the Defendant, through
its agents, servants and employees left him unsupervised;
d. by failing to prevent abuse and neglect of Anonymous; and by
failing to make a reasonable offer of settlement in violation of
G.L. c. 93A and G.L.c. 176D.
71) As a direct and proximate result of the Defendant Franklin's
knowing and willful violations of G.L. c. 93A, Anonymous, was caused
to sustain the above described injury including pain and suffering
and extreme humiliation.
WHEREFORE, the Plaintiff prays judgment against the Defendant,
Kindred/Franklin, in an amount that is just and appropriate to compensate
for Anonymous 's injuries and damages, together with interest, multiple
damages, attorney's fees and costs.
COUNT V
72) The Plaintiff, repeats, realleges and incorporates herein paragraphs
1 through 71 above as if fully set forth herein.
73) Anonymous contracted with the Defendant Kindred/Franklin for
nursing care in 2001.
74) By entering into a contract with Plaintiff, for which valuable
consideration was provided to Franklin, the Defendant Franklin was
bound by the said contract, and obligated thereby, to provide Anonymous,
with a reasonably safe living environment free from defects and
dangerous conditions; and was contractually obligated to provide
for the safety and well-being of Anonymous. Defendant Franklin breached
its contract with the decedent as follows:
a. negligent failure to provide for the safety, security and well-being
of the decedent;
b. negligent failure to monitor and supervise the decedent when
the Defendant, its agents, servants and employees knew, or should
have known, the decedent was at risk for falling and endangering
his safety;
c. negligent failure to monitor and supervise its agents, servants
and employees to ensure Anonymous 's safety and well-being;
d. negligent failure to provide a safe and secure habitable residence
for the decedent.
75) All of the aforesaid constituted a breach of Franklin's contract
with the decedent, thereby inflicting damage to the decedent in
the value of the contract.
76) The Defendant breached its contract with the decedent by failing
to provide a safe and habitable living environment.
77) The Defendant's failure to properly monitor, supervise and care
for the decedent constituted a breach of its contract with the decedent.
WHEREFORE, the Plaintiff, demands judgment against the Defendant,
Franklin in an amount just and appropriate together with interest
and costs.
COUNT VI
78) The Plaintiff, repeats, realleges and incorporates herein paragraphs
1 through 77 above as if fully set forth herein.
79) At all times relevant hereto, Bernadette Stackpole was an employee,
agent and/or servants of the Defendant Franklin.
80) At all times relevant hereto, Bernadette Stackpole was acting
within the course and scope of her employment at Franklin.
81) At all times relevant hereto, Bernadette Stackpole was acting
in furtherance of Franklin's business, was acting under the supervision
of Franklin and with the authority of Franklin.
82) At all times relevant hereto, Bernadette Stackpole was negligent
in the care of Anonymous which proximately caused Anonymous personal
injuries and emotional distress.
WHEREFORE, Plaintiff, demands judgment against the Defendant, Franklin
in an amount just and appropriate together with interest and costs.
COUNT VI I
83) The Plaintiff, repeats, realleges and incorporates herein paragraphs
1 through 82 above as if fully set forth herein.
84) At all times relevant hereto, Franklin's agents, employees and
or servants were negligent in the care and treatment of Anonymous
which resulted in severe emotional distress to him.
85) Franklin negligently inflicted emotional distress upon Anonymous
during the period 2003 through 2004.
WHEREFORE, Plaintiff, demands judgment against the Defendant, Franklin
in an amount just and appropriate together with interest and costs.
COUNT VIII
86) The Plaintiff, repeats, realleges and incorporates herein paragraphs
1 through 85 above as if fully set forth herein.
87) At all times relevant hereto, Bernadette Stackpole were negligent
in the care and treatment of Anonymous which resulted in severe
emotional distress to him
88) Stackpole negligently inflicted emotional distress upon Anonymous
during the period 2003 through 2004.
WHEREFORE, Plaintiff, demands judgment against the Defendant, Stackpole
in an amount just and appropriate together with interest and costs.
COUNT IX
89) The Plaintiff, repeats, realleges and incorporates herein paragraphs
1 through 88 above as if fully set forth herein.
90) At all times relevant herein, Franklin/Kindred had the duty
to own, maintain, control and operate Franklin in a safe and reasonable
manner so as to avoid injury and/or abuse to their residents.
91) The Defendants' failure to protect the decedent and prevent
abuse and injuries constituted a dangerous and defective condition
which was a breach of the warranty of habitability.
92) As a result of the Defendant's individual and/or combined negligence
and breach of the warranty of habitability, the decedent was caused
to sustain personal injuries, including pain and suffering.
WHEREFORE, Plaintiff, demands judgment against the Defendant, Kindred/Franklin
in an amount just and appropriate together with interest and costs.
COUNT X
93) The Plaintiff, repeats, realleges and incorporates herein paragraphs
1 through 92 above as if fully set forth herein.
94) Bernadette Stackpole assaulted Anonymous while he was a resident
at Franklin.
95) As a result of said assault, Anonymous was injured and suffered
humiliation and pain.
96) The injuries suffered by Anonymous were proximately caused by
the assault committed by Bernadette Stackpole.
WHEREFORE, Plaintiff, demands judgment against the Defendant, Bernadette
Stackpole in an amount just and appropriate together with interest
and costs.
Jury Demand
Plaintiffs demand a trial by jury on all issues so triable.
Respectfully submitted,
The plaintiff,
By his attorney,
______________________________
Bernard J. Hamill, Esq.
36 Miller Stile Road
Quincy, MA 02169
BBO# 218720
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