Mary Manning Walsh Nursing Home Co Inc. Lawsuits and Legal History
The Mary Manning Walsh Nursing Home Co Inc. is a large, 362-bed, nursing home located at 1339 York Avenue, New York NY 10021 that has faced prior nursing home negligence lawsuits. The facility has been given a three-star rating by the New York State Department of Health. While Mary Manning Walsh Nursing Home has received relatively good ratings in categories such as Preventative Care, Resident Safety, Resident Status, and Quality of Life, it was only received a one-star rating for its Quality of Care.
In the past three years, the facility has been sued for resident neglect, and received a total of 100 complaints. These complaints led to 12 on-site inspections. However, no citations were issued. The facility has received 22 citations in the same time frame for standard health and life safety code violations. Although these may not appear as serious as complaint-related citations, standard health and life safety code violations can give one insight into how a facility is managed and whether there is a high risk of neglect and/or abuse. A summary of recent Mary Manning Walsh lawsuits and the three most recent inspection surveys is provided below.
Estate of Marie Mezo vs. Mary Manning Walsh Nursing Home Company, Inc
Allegations: This claim involved allegations that the Defendant nursing home, Mary Manning Walsh, failed to properly care for plaintiff, failed to properly assess and care plan and failed to provide assistance with ambulation by ‘close supervision’.
Argelia Figueroa vs. Mary Manning Walsh Nursing Home Company, Inc
Allegations: This lawsuit against Mary Manning Walsh Nursing Home alleges that the plaintiff was neglected and suffered serious injury including a back fracture. Plaintiff demanded $2 million in punitive damages in her Complaint.
Yvonne Beauchamp vs. Mary Manning Walsh Nursing Home Company, Inc
Allegations: This lawsuit against Mary Manning Walsh Nursing Home involved allegations that the staff at Mary Manning Walsh did not adequately prevent falls in Yvonne Beauchamp. As a result, the plaintiff suffered falls resulting in a broken pelvis, fractured rib and elbow.
Attorney Disclaimer
*Each case is different. Prior results do not guarantee a similar outcome or indicate an expected outcome on your particular case. The above prior lawsuit information is for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney. This individual case information above is publicly filed information gathered from the publicly filed complaint. This information and these cases are not the work of this law firm. The contents of this website should not be construed as legal advice on any specific fact or circumstance. Your receipt of such information does not create an attorney-client relationship with this law firm or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice. Speak with an attorney immediately if you believe you have a viable case against a nursing home, assisted living facility or medical facility.
Inspections at Mary Manning Walsh Nursing Home
Surveys and inspection results have been mixed at the Mary Manning Walsh skilled nursing facility. State investigators have found deficiencies and violations. as described below:
Certification Survey dated 11/30/2018 at Mary Manning Walsh Nursing Home
During this inspection, the surveyor observed that two residents out of a sampled group had not received a written summary of their respective baseline care plans. Although Mary Manning Walsh Nursing Home normally reviews the baseline care plan with the resident and the family members and they are offered a copy. The resident or his/her family members will sign to indicate that the baseline care plan was reviewed; the Director of Nursing was unable to provide documentation that the baseline care plans for the two residents in question had been reviewed or sent to the relevant family members.
With regard to one diabetic resident, the resident had experienced elevated blood sugar levels but this was not reported to the Medical Doctor (MD) and there was no order placed by the MD for a vial of insulin to be ready for the resident. The MD stated that this was a tailored approach because the resident has dementia and cannot communicate her symptoms, and he was afraid that should she be administered insulin for a slightly elevated blood sugar level, that she may become hypoglycemic. The staff stated that the MD was not informed of the resident’s slightly elevated blood sugar because it was not over 400. The surveyor concluded that the facility’s handling of this resident’s care violated regulations regarding quality of care, physician visits, and the requirement that services provided meet professional standards.
In addition, the facility did not purchase a surety bond in an amount at least equal to the current total amount of resident funds kept at the facility.
With regard to life safety code citations, the facility did not separate an area undergoing reconstruction with smoke-resistant partitions; only a clear plastic sheeting was provided for dust protection. Several renovated resident rooms also had doorways that were only three feet wide, rather than the three feet and eight inch minimum. The facility building also either lacked sprinkler coverage in some areas or the sprinklers were obstructed by a wall/partition. Moreover, exit stairway landings had guards that were too short than the minimum height of 42 inches and the dental clinic had attached equipment tubing to a water fixture but did not have a vacuum breaker to prevent backflow. As this posed a danger to residents, the facility assured the surveyor that they would install vacuum breakers. Finally, two sets of doors on the 10th floor were observed swinging freely in opposite directions with no astragal between them. This caused the doorways to lack smoke resistance and the facility received a citation for this violation.
Certification Survey dated 4/3/2017 at Mary Manning Walsh Nursing Home
While cooking equipment cannot be used if the fire-extinguishing system or exhaust system is nonoperational or impaired, one kitchen on the 7th floor was using the cooking equipment despite a tag indicating that the fire-extinguishing system was not in compliance. When interviewed, the Food Services Director stated that they were working on making the system compliant and were waiting approval from the FDNY and NYC Department of Buildings.
In addition, several pieces of electrical equipment used for patient care were observed to lack timely inspection stickers; the equipment at issue were then removed from use. The door to the wheelchair storage room also lacked a self-closing device, and corridors were not minimally lit to allow for visibility in the case of an emergency, even when the lights are turned off. Furthermore, no handrails were provided on either side of the mini-ramp outside the main entrance. The Mechanical room was noted to lack adequate sprinkler coverage and several sets of fire-rated doors were not provided with legible fire-rated labels.
Certification Survey dated 1/22/2016 at Mary Manning Walsh Nursing Home
Concerningly, the surveyor found a vial of insulin which was marked as having been opened on 12/12/2015. The vial was to be discarded 28 days after opening; however, it had continued to be used 11 days past its discard date.
The facility had also installed approximately 20 large banners in its auditorium but had not ensured that the fabric was flame-resistant. The Plant Operation Supervisor stated that the banners would be removed. Finally, two sets of doors were noted to lack self-closing devices and three resident rooms had large vestibule areas that lacked sprinklers or existing sprinklers were obstructed by walls.
Potential Case vs. Mary Manning Walsh for Nursing Home Abuse, Neglect or Negligence?
Brevda Law can help
Mary Manning Walsh Nursing Home Co Inc. has avoided any citations regarding the 100 complaints made regarding the facility in the past three years. However, its repeated violations of standard health and life safety code violations suggest that the facility staff may be occasionally violate the standard of care. This increases the possibility of nursing home neglect and/or abuse injuries, like bed sores, falls, broken bones and wrongful death.
If you or a loved one is a resident at Mary Manning Walsh Nursing Home Co Inc., and you suspect nursing home neglect or abuse, we encourage you to contact one of our experienced attorneys. At Brevda Law, we focus on cases involving nursing home neglect and abuse.
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Estate of Marie Mezo vs. Mary Manning Walsh Nursing Home Company, Inc
Surveys and inspection results have been mixed at the Mary Manning Walsh skilled nursing facility. State investigators have found deficiencies and violations. as described below:
