Nursing home faces class-action lawsuit

AMHERST, N.Y. (WIVB) - Attorneys are seeking a class action lawsuit against four local nursing homes and their operator. They face serious accusations depriving patients of their rights.

Marilyn Chimento said, "Words cannot express what my father went through at this place."

For several years, claims of patient abuse have focused attention on the Williamsville Suburban Nursing Home in Amherst. This patient, according to her niece, had deteriorated in the period of a month.

Deborah Jaszczak said, "My aunt had told me yesterday they grab you so hard, and I pulled the glove off, and my aunt's arm was all bruised."

Now, a class-action suit is being sought against Legacy Health Care, which owns Suburban and three other nursing homes in western New York, charging that the human rights of residents are being deprived.

Donald Chiari of Brown & Chiari Law Firm said, "It's about corporations that make a lot of money at the expense of residents by depriving them of their basic human rights."

Eight people who had worked at Williamsville Suburban Nursing Home had been arrested in March on charges related to patient care. It followed a seven week investigation by the Attorney General's office. The current civil suit focuses a trend of complaints over three years.

Chiari said, "This case is really about understaffing."

A former employee said, "That's why I stopped working here."

A former employee who said they quit working at Williamsville Suburban declined to go on camera. Our cameras were told by an official of the home to leave. Regarding the possible class action lawsuit, attorneys for three of the nursing homes named said, "We have filed a Motion to Dismiss, as the complaint fails to meet many legal requirements."

"Everyone should pass away in peace and dignity, and at least be clean," said Jaszczak.

If the class action is granted by a judge, it could take two years to complete. Brown & Chiari are hoping more witnesses will come forward.