WATERVILLE, ME – A nursing home in Maine is facing a lawsuit in connection with the death of a man who spent less than six months there, according to the Portland Press Herald.
The suit was filed by the family of 48-year-old Daniel Crommett against Waterville Center for Health and Rehab LLC, which operates as Mount Joseph of Waterville, its owners and affiliated businesses. The defendants are accused of negligence, neglect, abuse and wrongful death.
Court documents state that Crommett had cerebral palsy, autism, and epilepsy, and entered the Waterville nursing home after a fall in June 2021. It was alleged that his condition significantly worsened during his time in the facility due to months of abuse and neglect. The complaint accuses staff at Mount Joseph of negligence, claiming that Crommett suffered frequent seizures and falls through the fall of 2021, which were allegedly often unreported to his family. The plaintiffs claim a nurse denied Crommett medicine, falsified medical records and physically restrained him.
The lawsuit, filed in Cumberland County Superior Court by Crommett’s father, John, and sisters, Krista and Carrie, seeks punitive damages as well as damages to cover medical expenses, loss of future wages, pre-death pain and suffering, emotional distress.
The lawsuit alleges that nurse Marius Ramirez repeatedly failed to give Crommett anti-seizure medications, causing him to experience severe seizures and frequent falls. The family says the nurse also pinned Crommett to the floor and drugged him with an unprescribed anti-psychotic medication.
The seizures continued to worsen and Crommett’s sister subsequently took him to a hospital where he died less than six months after he was admitted to Mount Joseph.
Following Crommett’s death, Ramirez pleaded no contest to a misdemeanor count of endangering the welfare of a dependent person as part of an agreement with prosecutors, after initially facing felony-level charges. He served a 30-day sentence and was required to surrender his nursing license for one year.
The lawsuit accuses the facility and its corporate owners and managers, Highwood Realty LLC, Elm Management Services and Consulting, Akiko Ike, Ephram Lahasky, Michael Biderman, BSD ME 26 LLC, and Blueprint Healthcare, of diverting revenue to affiliated businesses instead of ensuring adequate staffing, training, and oversight.
Officials at Mount Joseph allegedly used MaineCare and Medicare reimbursements intended for patient services to pay rent to the businesses, including ELM Management Services & Consulting, a health consulting firm, and Highwood Realty LLC, a Maine limited liability company that owns the real estate used by Mount Joseph.
Meryl Poulin, attorney for the plaintiffs, said officials at the nursing home knew about Ramirez’s behavior and warned him about it.
“It’s not just that the facility twice warned Ramirez, including a final warning, and knew that he was horrible to work with, horrible to residents, would falsify medical records,” Poulin said. “They found out about it again, and instead of firing him, they told the other nurse who brought it to the attention to shred the evidence.”
The lawsuit also says the nursing home was unable to fire Ramirez and hire and train adequate staff because affiliated owners were underfunding the facility.
“This abuse and neglect was not the result of mistakes or ineptitude,” the lawsuit claims. “Rather, it was the inevitable result of a business strategy by Defendants to profit off the understaffing and underfunding the facility to enrich themselves.”
A reporter for the Press-Herald was unable to reach a Mount Joseph representative for comment.
What Constitutes Nursing Home Abuse
Nursing home abuse encompasses any intentional action or neglect that causes harm or risk of harm to a resident. This includes physical abuse (such as hitting or improper use of restraints), emotional abuse (like yelling or humiliation), sexual abuse, financial exploitation, and neglect (failure to provide necessary care). It’s important to remember that abuse can come from staff, other residents, or even visitors.
The Importance of Legal Help
When you discover that your loved one has been the victim of nursing home abuse or neglect, your first instinct may be to report the abuse to state agencies and law enforcement and trust that they will take appropriate action to protect your loved one and hold the abusers accountable. While this is an essential step, it is equally important to consult with an experienced nursing home abuse attorney to ensure that your loved one’s rights are fully protected and that they receive the compensation they deserve. FreeNursingHomeAbuseReport.com is a valuable resource that can help you navigate this challenging process. Fill out our form now to request a free consultation with a nursing home abuse attorney who can fight for justice and compensation for your loved one.
