A lawyer representing AAA Warmcare, a Potomac assisted living facility shut down by the state after allegations of resident abuse, has moved to dismiss a lawsuit against the facility.
Among other points of contention, at issue is whether former AAA Warmcare resident and plaintiff Elizabeth Tully — who has been described by her lawyer as someone in the advanced stages of dementia — is competent to sue.
The lawyer, Alexander Vincent of the Potomac firm Shulman Rogers, appeared in Montgomery County Circuit Court for a scheduling hearing. William Askinazi of Germantown, who is representing Tully and her husband Raymond, who both alleged to have been abused while living at the facility, also appeared at [the] hearing. In court, Judge David Boynton set a hearing date of Jan. 19 to address the motion to dismiss the Tullys' claims.
Askinazi filed the $10 million suit for the Potomac residents, both in their 80s, Sept. 25. The move followed the August closure of the Gainsborough Road facility by the state Department of Health and Mental Hygiene after an unannounced investigation. Residents were removed from the eight-bed facility and Montgomery County police launched an elder abuse investigation.
The lawsuit was filed for Raymond and Elizabeth Tully along with Tully's daughter, Mary Ann Shanesy. The lawsuit alleged that Elizabeth Tully had tape and a rag tied over her mouth and was tied to her wheelchair numerous times; she was belted and gagged "with food on her plate at the dinner table but was not allowed to eat," was "often allowed to wallow in her fecal waste" and was "slapped and pummeled" by a caregiver. The lawsuit also alleged that Raymond Tully was "scorned and ridiculed" by staff and forced to urinate in his pants on several occasions.
The suit alleges that the abuse came from a caregiver who was hired after being improperly screened by the facility's owner, Sreedevi Datla. The lawsuit claims the caregiver was illiterate, gave medication to the couple without knowing the prescription and had "a violent background." The suit also alleges that the caregiver called for decreasing food rations to residents.
Datla, according to the suit, knew about cases of physical and emotional abuse but didn't move to correct or better the circumstances. Some of the alleged violations were captured in photographs by concerned staff members who reported the situation, Askinazi said.
Full Article and Source:
Lawyer Moves to Dismiss Lawsuit Against Potomac Closed Assisted Living Facility
7 comments:
What has this world come to?
For profit operations hire such trash to care for the elderly?
Is it fitting to move to have the lawyer, Alexander Vincent of the Potomac firm Shulman Rogers removed from this case and referred for a complete evaluation by a psychiatrist post haste?
Is Elizabeth Tully in a guardianship? Or is this the prelude to one?
Tully's daughter is named on the suit -- she can be the "competent" one.
AAA Warmcare --- WARMCARE? What an ironic name considering the abuse apparently suffered by many of the residents there.
criminal charges should be filed against aaa warmcare
The names of these vulture groups: ie Warmcare is a smokescreen, thereby a form of fraud. I agree with NASGA's position that it's high time that criminal charges against AAA Warmcare become a reality.
Without harsh consequences, this abuse will continue to grow.
Post a Comment