Fifth lawsuit filed against Heritage Springs in Lewisburg
Oct. 27—LEWISBURG — A fifth civil lawsuit has been filed by one of the families affected by an extensive elder abuse case at Heritage Springs Memory Care in Lewisburg.
Attorney Martin S. Kardon, of Kanter, Bernstein, & Kardon P.C., of Philadelphia, filed the lawsuit on behalf of patient Ruth Roberts and her family against the assisted living facility at 327 Farley Circle, Lewisburg, its management and two employees who were accused of abusing 17 residents. Those listed as defendants are Heritage Springs facility and corporation, employees Madison Laine Cox and a 17-year-old boy.
Over the last three months, four other civil lawsuits have been filed on behalf of patients Alice Longenberger, Sue Linder, Marsha Croll and Helen G. Roush-Buck and their families, making five civil lawsuits filed in total. The first four lawsuits were filed by Attorney Erica C. Wilson, of Murray, Stone & Wilson PLLC, in West Conshohocken.
"The harm inflicted upon Ruth Roberts by the Heritage defendants resulted in physical and emotional injuries that included her emotional trauma and suffering, degradation, public embarrassment, public humiliation and loss of dignity and privacy," Kardon wrote.
The latest lawsuit alleges counts of negligence against the Heritage defendants; counts of negligence per se and loss of consortium against all defendants; and counts of negligence against the two employees. A jury trial is demanded as well as financial damages.
An unidentified 17-year-old male resident assistant and his co-worker resident aide Laine Cox, 19, of Pinchtown Road, Montgomery, allegedly took numerous nude and demeaning photographs and videos of 17 residents between December and April. They allegedly posed with patients in the shower or on the toilet, took pictures of patients who had defecated themselves or had fallen to the ground and took videos of themselves demeaning or harassing individuals, according to court documents filed by Buffalo Valley Regional Police.
They allegedly sent those records to each other, shared them on the phone app SnapChat, and showed them to classmates at a school, police said.
The victims range in age from 72 to 100 years old. The majority of people residing at Heritage Springs are in various stages of Alzheimer's disease or dementia, which limits or severely impedes their cognitive abilities, police said.
Admitted in March
One of those victims was Roberts. She was admitted to Heritage Springs in March and remains there today.
Heritage operated and managed the facility by "negligently and mismanaging and/or reducing staffing levels below the level necessary to provide adequate, safe care to the residents," Kardon wrote. "The Heritage defendants know or should have known of the likelihood of harm due to insufficient staffing levels with inadequately trained staff members, however, they still deployed and managed the staff at Heritage Springs Memory Care such that could not and did not meet the needs of the facility's residents, including Ruth Roberts."
Heritage should have known the "acuity needs" of the residents increased and required additional resources, but they failed to provide the resources necessary, including sufficient staff. They failed to properly vet, train and supervise employees, and failed to increase supervision, discipline or termination when the employees' actions came to light, Kardon wrote.
No current violations
The state Department of Human Services recently revoked the facility's certificate of compliance and issued a provisional license, which is valid until Feb. 4, 2024. If the violations are not corrected within five calendar days of the receipt of the letter, the state intends to assess fines.
The Aug. 4 letter and report details a total of 30 violations stemming from licensing inspections on April 12 and 13, May 3, 9 and 18, and June 6, 15 and 27. Two additional inspection summary reports in February and December showed a combined seven additional violations.
The latest inspection report stemming from an Oct. 5 inspection showed no violations or deficiencies.
"As a result of the Pennsylvania Department of Human Services, Bureau of Human Service Licensing inspections on 10/05/2023 of the above facility, no regulatory citations have been identified as a result of this inspection," according to the letter. "Please note that you are required to post this Licensing Inspection Summary at your facility in a conspicuous location."
Cox waived hearing
Cox has been charged with 17 misdemeanor counts of abuse of a care-dependent person. The charges were filed by Buffalo Valley Regional Police Patrolman Gary V. Heckman in the Lewisburg office of District Judge Jeffrey Rowe.
Cox on Aug. 24 waived her right to a preliminary hearing, which moved her case forward to the Union County Court of Common Pleas. A formal arraignment scheduled for Nov. 6 in front of Union County Judge Michael Piecuch has been waived; no further court dates are scheduled at this time.
Rowe set non-monetary bail with conditions for Cox. She must not be employed at a health care or caregiving facility; she must not have any contact with the victims, families of victims, witnesses or the juvenile co-defendant; she must show up for court proceedings; she must inform the court if she moves; and she must stay out of trouble.
The juvenile turned 18 in August, according to court documents.
