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Local News

Friday, November 06, 2009

Blanchard Valley asks court to drop ex-nurses' lawsuits
Ewald Furniture
By JORDAN CRAVENS

staff Writer

Blanchard Valley Health Systems has asked a judge to dismiss lawsuits filed against it by four former Birchaven Retirement Village nurses who were fired in July 2008 for providing "substandard care" to an Alzheimer's unit resident.

An attorney for Blanchard Valley Health Systems, Blanchard Valley Continuing Care Services, Bridgett Mundy, Birchaven administrator, and Carol Treece, former nursing supervisor at Birchaven, who were all named as defendants in the July lawsuits, said the nurses were terminated lawfully for "neglecting their duties," according to a document filed in Hancock County Common Pleas Court in August.

The nurses' lawsuit "is a compilation of irrelevant and untrue statements designed to deflect responsibility for the substandard care they provided by claiming that they did not have adequate support or staffing to properly care for the resident in question," wrote the defendants' attorney Jeanne Mullin in a court document.

Eight nurses were fired from Birchaven in July 2008 after an internal investigation revealed they failed to address a medical problem in a late stage dementia patient which caused her left fist to tightly clench. The condition went untreated for four to six weeks, causing the patient's nails to become embedded in her palm, creating and open wound, according to Mundy previously.

However, only four of the nurses chose to take legal action against their former employer. They are Amber Niese of Ottawa, Ester Stuber of Napoleon, Sara A. Geissinger of Arlington, and Monica Martinez of Findlay. They sued for wrongful termination, libel and slander and have asked Common Pleas Judge Joseph Niemeyer to grant them damages in excess of $25,000.

Niese and Stuber filed one lawsuit, and Geissinger and Martinez filed a separate lawsuit. Both suits are scheduled for a court hearing on Jan. 15.

The ex-employees contend they "competently performed their nursing duties in the late stage dementia unit and had carefully monitored this patient in particular, with special attention being given to the condition of her hands," one of the lawsuit states.

According to the lawsuit, the nurses said they were fired "in order to draw attention away from other investigations that were pending" into Birchaven and also to "create the impression that the systemic problems at the Birchaven facility with inadequate staffing and supervision were all the result of misfeasance" of the nurses who were discharged.

Mullin argues the nurses "have failed to plead any set of fact that would entitle them to relief" in their libel claim, according to a court document.

The nurses argued "follow up statements were made to the public press essentially repeating that the fired nurses were the sum and substance of problems at Birchaven and stating or implying that with these plaintiffs and the other fired nurses gone, Birchaven's problems had been solved," according to the lawsuit.

In response, Mullin said any statements made to the media by employees did not disclose the names of the terminated nurses

Since the lawsuits were filed, Treece has left Birchaven.

Kristen Steele, a spokeswoman for Blanchard Valley Health Systems, said she could not disclose the specifics of Treece's departure or if it was related to the lawsuits.

Cravens: 419-427-8422,

Send an e-mail to Jordan Cravens


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17 Comments (2 pages)

Latest comments listed first.
Jane doe wrote:
The destruction and implosion of an empire built on secrets
“ I just have to say I worked on the dementia unit in question and I laugh at the fact that they say the patients hand was only like that for 4-6 weeks try two years. I hate how much this has been coverd up between Birchaven and the Hospital over this matter. Why not just tell the truth. You unadequately cared for the resident and want to blame everyone else except the people who were in charge of her care. Taking responsiblity is key to this situation on all parts. Let alone lets not forget the aides who work down their during the incident who should have been given pain and suffering pay for all they have been put through being called in by the Attorney General being interegated by Birchaven least alone being threatned by the Nurse's that they were going to have our license's revoked. Amazing what people will do to make sure the blame is not on them. This is why Birchaven is falling apart and everyone is running for the hills to get away from the insanity. There is only one way to fix Birchaven get rid of all the infectious cancer in the upper management along with the Unit managers. [COMMENTS REMOVED] It is in the same shape it was two years ago but worse, and they are still having all these citations from state. Laughable it all is, some big shot you are from the state some know it all thought you could change an empire when all you can do is make it self destruct. Good luck to you Birchaven I do believe your time will be ending soon. ”
Tuesday, November 10, 2009 5:05:26 PM
current Birchaven Employee wrote:
re: nursing conditions
“ Very well said, and sad to say very very true ”
Monday, November 09, 2009 3:46:44 PM
TA wrote:
Deb
“ My wife and I were reading the comments regarding the Birchaven nurses and came across the comment about Deb.We had a Deb come to our home to take care of my father and she was wonderful.Enough said ”
Saturday, November 07, 2009 11:07:41 AM
Doug wrote:
.wrote IS UNAMERICAN!!!
“ Either prejudice or just plain UNAMERICAN, which is it, I'll let you decide! Here you are claiming guilty on the nurses and you don't have all the facts, and my guess is very few of the facts.

The line about "charges being brought against them" shows true prejudice to me! Just because someone has charges brought against them means nothing really, not until they have had their day in court and IF they are found guilty! Too many Prosecutor in this country file charges for one purpose,,,, greed! Yes I said greed! Or if you prefer to call it self political motivation go ahead... Some even call it plea bargaining!

Do all us Americans a favor .wrote and stay out of the political process, it's all ready corrupt enough! ”
Saturday, November 07, 2009 10:44:21 AM
deb wrote:
legal fees are very costly
“ You must still have your job at BVHS.GOOD FOR YOU![for now] ”
Saturday, November 07, 2009 8:59:06 AM
former nurse wrote:
The Haven
“ Well like hundreds of other nurses in a 30 mile zone i too use to worked at birchaven, and they are chronically short staffed,and it does not matter how good a nurse you are there, if you are not in the good ole girls club your days are numbered. the problem with birchaven is the management and the wall street mentality of ALL FOR ME NONE FOR YOU. ”
Saturday, November 07, 2009 7:56:24 AM
Rebeka wrote:
bvhs
“ I worked for birchaven,Great place to work if you like to be treated like dirt! ”
Friday, November 06, 2009 6:48:03 PM
1 of many x birchaven nurses wrote:
nursing conditions
“ Unfortuantely the staffing conditions have gotten far worse at Birchaven since this supposed incident. Since Carol Treece resigned they brought in a consulting service to make Birchaven more compliant with their violations. The owner of the service maneuvered herself into the position of DON. The reputation of Birchaven was bad enough bur the drama, underhandedness, and unprofessionalism displayed by the new DON has skyrocketed the already embarrasing turnover rate. It would not be out of line to inquire about the possibility of double dipping the already strained funds of the facility. It's reputation for poor employee treatment is well known throughout Northwest Ohio. It is truly sad that a facility as beautiful as Birchaven is on the outside is so ugly when it comes to the treatment of its employees. The nurses definately deserve their day in court as were scapegoats to cover the imcompetent management and lack of appreciation that still exists. Birchaven is truely lipstick on a pig. ”
Friday, November 06, 2009 5:55:53 PM
. wrote:
legal fees are very costly
“ Perhaps BH is trying to avoid spending a lot of legal fees for a frivolous lawsuit. This sounds like it is totally defensible and there is plenty of evidence against the nurses. Didnt some of the nurses have criminal charges brought against them? That says a lot.

In my opinion, they can "have their day in court" as people on this forum have said. It will be proven that they were neglectful and falsely charting on the patient's chart.

Deb: Maybe to your standards you did a good job, but not BH's standards, which are pretty high. I'm sure there were reasons you were fired just as there were reasons the Birchaven nurses were fired.

BH doesn't have room for complainers and non loyal associates. I would say 99.9% of the employees are happy and appreciative of everything BH is doing and has done to help retain jobs while every other organization is laying off or eliminating jobs. Go ahead and keep cutting them down though, it doesn't mean a thing coming from an obviously bitter ex employee. ”
Friday, November 06, 2009 5:18:57 PM
Amy wrote:
BVHS
“ My thoughts are that the nurses who brought the suit forward deserve their day in court. I am sure that they have things to say and prove that have been saved for the judge to hear. They certainly would not have shared every detail of the case with the public. If they feel this strongly that Birchaven is at fault for this or other things, it is their right to be heard. It has been mentioned that Blanchard Valley owns a large amount of facilities in Hancock County, that is an understatement of the century. So, it is interesting to me that BV is so quick to find a "few" persons to point the finger at instead of resting on their reputation and facts. These nurses are relying on their reputations and morals, give them their day in court. But how about this... I dont know where the case will be heard. But, I dont see them getting a fair chance in Hancock County since BV has such a tight grip on so many things medical in the community. ”
Friday, November 06, 2009 2:48:37 PM
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