Oakland-San Francisco Attorney Comments on Yet Another Elder Abuse Case

According to the San Jose Mercury News, three former nursing home workers have been charged over allegations that one abused an elderly resident, while the other two did nothing to stop it. Officials with the California Department of Justice says agents on Wednesday arrested 27-year-old Arnold Samson on suspicion of committing elder abuse and battery against a resident at the Idylwood Care Center in Sunnyvale. The other two, 22-year-old Ryan Tan and 50-year-old Ricardo Martinez were also arrested. Authorities say they knew about alleged abuse, but failed to report it, as required by law. Idylwood spokesman Larry Kamer told the reporters that the three no longer worked at the center. All of the charges are misdemeanors.
In January agents from the state Bureau of Medi-Cal fraud and Elder Abuse received an allegation of sexual misconduct from the Department of Public Health’s Licensing and Certification Division. A staff member reported that one of the Idylwood residents was complaining to him about being grabbed in the “private area” over several days by one of the certified nursing assistants. As the employee was in the process of questioning the resident, he said he saw Samson grab the resident’s genitalia and make a crude comment. The employee reported the abuse immediately and Samson was suspended. A news release from the state department stated several members, whom agents interviewed, said Samson had grabbed and pulled on the testicles of the same resident and made crude comments on other occasions as well as threatened to touch resident’s private parts in an attempt to torment him. In an interview with agents, Tan allegedly admitted that he had seen Samson threaten the resident several times. Tan also allegedly told agents that he watched Samson grab the man’s private parts while the resident was sleeping “in order to get a rise out of him.”
Here at the Brod Law Firm we agree with what Kamala Harris said in a statement regarding the matter: “As a mandated reporter, caregivers are bound by law to report anyone they see commit abuse or are told an abuse has occurred. We want to send a clear message to facility caregivers around the state that if you fail to report abuse, we will come after you.” If you or a loved were suffered abuse at a nursing home facility, please contact our firm for a free consultation.