Investigative Summary Report. Date January 8, Dana Lynn Majewski Date of Birth: July 25, 1980

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1 Investigative Summary Report Date January 8, 2008 I. SUBJECTS: Name: Dana Lynn Majewski Date of Birth: July 25, 1980 Occupation: Sales clerk Professional License Number: CNA License Type: Certified Nursing Assistant Medicaid Provider Number: N/A Physical Description: White female, 5 5", brown hair II. VICTIM: Name: OW III. SYNOPSIS: This investigation was opened on December 10, 2007, to determine whether any laws pertaining to abuse of an elderly person occurred. Complaint was opened on the same date, based on a Department of Children and Families FSFN abuse report. The abuse report was investigated by adult protective investigator, and on review of the investigation, this case was opened. The API closed her investigation with verified findings of abuse. It is alleged that Dana Majewski grabbed OW s hand and deliberately bent her fingers backwards, breaking the 5 th digit of her left hand. IV. STATEMENT OF VIOLATIONS: (2)(c); Battery on the Elderly. V. DETAILS OF INVESTIGATION: On October 27, 2007, eighty-four year old OW was a patient at HealthSouth Rehabilitation Hospital at 901 N. Clearwater-Largo Road, in Largo, Fl Her primary physician was Dr. Richard Liles, who is the medical director for the facility and was in the facility at the time the incident occurred. In the early morning hours of October 27, 2007, certified nursing assistant (CNA) Dana Majewski was assigned to care for OW and entered her room to serve her breakfast at approximately 7:15 a.m. According to OW, Dana began setting up her tray and picked up a packet of Sweet n Low to sprinkle on her cereal bowl. She covered her bowl with her left hand and at the same time, stated she did not want Sweet n Low. Dana replied that she always gets Sweet n Low, and bent her fingers back away from the bowl and tried to pour the sweetener. OW cried out in pain, as Dana had hurt her fingers when she bent them back. Dana denied hurting her and walked out of the room, returning later and she told Dana not to touch her as she had hurt her and didn t want her around her.

2 I first interviewed OW on December 7, At the time, she was in a wheelchair and was attached to oxygen. A friend was present, and her roommate was also present. I did not take a sworn, recorded statement at that time due to the circumstances. I saw no evidence of injury to her hand and took no photographs. OW did not know the name of the CNA prior to this incident, but she has since learned her name is Dana. OW is legally blind, and I was unsure of her ability to identify the suspect. I created a photo lineup of single sheet photos including Dana Majewski. OW picked Dana Majewski as one of two possible photos out of the six. I showed her a second photo lineup with the same photos in color, but smaller, however, she could not see them well enough to examine. As OW retold the story to me, she seemed to be genuinely scared of Dana and made many comments about the severe pain she suffered as a result of this act. On January 8, 2008, I interviewed OW at her home after learning she had been discharged from the hospital. I did take photographs of her and her hand for later reference. In all three of my contacts with OW, her version has been consistent, in that the CNA tried to serve Sweet n Low, she tried to block it with her hand, and the CNA bent her hand back. I noted her injured finger has a noticeable forward bend to it, closing into the palm. Her daughter-in-law said this finger was not previously like that. Also on duty were Amela Vejo, CNA, Jennifer Pisani, licensed practical nurse (LPN) and Wilma Durbin, registered nurse (RN). Amela reported she was serving breakfast in an adjoining room and came out of her room the same time Dana exited OW s room. Dana was clearly angry and Amela asked what the problem was. Dana replied that I can t deal with this woman anymore, meaning OW. Amela entered OW s room and found her crying in pain and asked her what was wrong. OW replied that Dana hurt her hand and she thought she had broken fingers. She recalled OW telling her she wanted sugar in her coffee and Dana was putting it on her oatmeal, and she was trying to stop her from putting it on her oatmeal. She held her hand over the oatmeal and Dana grabbed her hand and bent it back. She said OW complained to her of pain in the hand and her arm. Amela exited the room and told Dana to report the accusations to Wilma Durbin, who at the time was making rounds with Dr. Liles. Dr. Liles and Wilma ultimately saw OW and X-rays were ordered, which revealed a broken finger. Approximately 2:30 p.m. that same day, Amela was on her lunch break and was approached by Dana and Jennifer. Dana asked her to cover for her and state that Dana was never alone with OW. She refused to do so, and Dana persisted. She indicated Dana persisted to the point that she got up and left the area to get away from her. Later that day, Dana was suspended by Wilma and sent home. She never returned to duty at the facility, and her employment was terminated on Friday, November 2, The following Sunday, November 4, 2007, Amela was on duty and had parked her car immediately outside the front entrance to the facility. She was made aware that Dana was at the facility front door trying to gain entry but was refused by the charge nurse. Later, she was told by a co-worker that Dana was seen around her car, and when she inspected her car, she found it had been keyed. Largo Police were called and investigated a felony vandalism to her car. The officer later located Dana and she admitted she committed the vandalism in a moment of rage, due to Amela spreading lies about her termination. Pinellas Pasco Assistant State Attorney Phil Matthey has the vandalism filed for prosecution under case # CRC Jennifer was interviewed on December 26, 2007, and she portrayed her role as minimal. She admitted she has in the past socialized with Dana away from the job, but denies any allegiance to her. She recalled that at the time she was issuing medicine to the various patients in what is called med pass. This process typically lasts an hour or more, but she was not notified by Dana what had occurred. She recalls that she completed med pass sometime between 8:30 a.m. and 9:00 a.m., and did not know about the accusations before that time. She recalls that unnamed co-workers told her Dana was accused of hurting a patient, and she asked Dana what happened. Dana told her of the accusations, and she told Dana not to go in the room alone. She told Dana she would go into the room with her if it was necessary for her to enter the room. Jennifer recalls that during that same time frame, Wilma and Dr. Liles were present and were taking care of the injury, so she had no further involvement. Jennifer denied later hearing Dana ask Amela to cover for her but admits she only heard part of the conversation. She recalled that she heard Amela acknowledge that she would cover for Dana and that Dana would get in trouble otherwise.

3 On December 26, 2007, I interviewed Dana regarding the allegations at her home. She said she and a midnight shift CNA named Helen went into OW s room approximately 7:05 a.m. to adjust OW in her bed. This is a two person process where the patient is lying on a drawsheet and they simply pull up on the drawsheet to bring the patient higher up on the bed. She said they had the patient cross her arms across her chest and they pulled her up without incident. She and Helen then exited the room and she saw that breakfast trays were ready. She took OW s tray into her and OW started complaining about her hurting her hand when she pulled her up. She said she identified herself to OW as Dana, as she knows OW does not see well, but denied hurting her. Dana reports she sat the tray down on the bed cart and immediately exited to report the allegations to someone in authority. She says she told Jennifer about the allegations by OW and then told Wilma and Dr. Liles, who were making rounds. Jennifer told her not to go in the room alone and they both went back into the room. She said the trays of food come with Sweet n Low, but she knows OW does not use Sweet n Low, as she has her own artificial sweetener. She was going to get OW out of bed for the day and into her wheelchair after serving her breakfast, but she complained so much that Jennifer told her to leave and she would finish the breakfast. She later recalled that Jennifer did help her get OW out of bed and into the wheelchair. She admitted she saw bruising on the little finger of OW s right hand, but it was actually the left hand. She heard OW inform the nurse that Dana had hurt her, but the nurse seemed to not be concerned about it. Dana was asked about vandalism to Amela s car, and she admitted she did it. She said Amela was spreading rumors about her asking Amela to cover for her, and she did it in a moment of rage. She stated Amela offered to cover for her and she declined, as she knew she had done nothing wrong and didn t need her to cover for her. I identified Helen as Helen Dougherty and spoke to her on the telephone. She confirmed they did pull OW up as described by Dana. She said OW s hand could not have been hurt in this procedure, as her arms were crossed on her chest. Wilma Durbin was interviewed in a recorded telephone call. She indicated she was not notified by Dana of the accusations, and did not know of them until around 9:00 a.m. OW was in physical therapy for other issues, and the therapist called her to tell her of the accusations. She questioned OW, who told her Dana had hurt her fingers. She saw that the left pinkie was swollen and bruised, as was the palm of the left hand radiating out from the pinkie finger. She sought out Dana and told her not to go in the room alone and Dana only said she did not do it. She never offered an explanation and in fact, Dana avoided her for most of the day. Later in the day after consult with her supervisor, she suspended Dana from duty. Dr. Liles was interviewed and he indicated he was of the impression that the injury occurred in the course of daily activities by the staff. He recalled he was told of an injury, he ordered X-rays, and later a splint for the injured hand. Later, OW was referred out to an orthopedic surgeon by him, and the surgeon took no additional action. The surgeon ordered the last two fingers to be taped together, and Dr. Liles furthered that order to the staff. I explained the allegations to Dr. Liles, and I asked if the finger could have been broken in normal daily activities and he said no. I asked if a battery, as reported by OW could result in broken fingers and he replied that it could happen with some degree of force. The break was described as an acute fracture that involves the proximal phalanx of the fifth digit. He was asked if the actions of the CNA, as described by OW were within the scope of her duties and he indicated they were inappropriate. VI. CONCLUSION/ RECOMMENDATION: I recommend that Battery on the Elderly charges be filed against Dana Lynn Majewski. VII. DOCUMENTARY EVIDENCE: (Example) 1. Investigative Reports/Notes 2. Witness Statements

4 3. State of Florida licensing records 4. Copies of relevant nurses notes 5. Scanned copies of victim medical files 6. Photographs of victim All of the evidence is being held at the Office of the Attorney General, Medicaid Fraud Control Unit, Tampa Bureau, 3507 E. Frontage Rd. Suite 325, Tampa, Fl IX. WITNESS LIST: 1. Earl J. Rutland, Law Enforcement Investigator II, Office of the Attorney General, Medicaid Fraud Control Unit, Tampa Bureau, 3507 E. Frontage Road, suite 325 Tampa, Fl Testimony: Case investigator, conducted all interviews, photographed victim. 2. OW 1417 Normandy Park Blvd. Apt 5, Clearwater, Fl Testimony: OW is the victim, and can testify to being battered by defendant. 3. Patricia L. Brenner, RN, 901 N. Clearwater-Largo Road, Largo, Fl Testimony: Mrs. Brenner is the Director of Nursing for HealthSouth Rehabilitation Hospital. She conducted an internal investigation of the allegations against the defendant and with approval of corporate, terminated employment of defendant. 4. Wilma Durbin, RN, Street North, St. Petersburg, Fl 33714, Testimony: Mrs. Durbin was the charge nurse on duty the date this incident occurred. She questioned the victim, and consulted with her supervisor Patricia Brenner. Can testify to the condition of OW s hand at 9:00 a.m. the morning of the incident. Later in the day, she suspended the defendant from duty and sent her home. 5. Richard Liles, MD, 7869 Bayou Club Blvd. Largo, Fl Testimony: Dr. Liles is the primary care physician of the victim and examined her after the injury. He is additionally the medical director of HealthSouth Rehabilitation Hospital and is responsible for all medical decisions in the facility. He ordered X-rays, and ordered a splint to be placed on the victim s hand, on learning of a broken finger on the left hand. 6. Robert Anderson, Knowles Mobile Diagnostics, 2601 Manatee Avenue West Bradenton, Fl. Testimony: Mr. Anderson is the radiology technician that travelled to HealthSouth Hospital and took the X-rays of OW s hand. 7. Joseph Fischer, MD, East Coast Imaging Associates, 301 Widgeon Drive, Hampstead, N.C Telephone Testimony: Dr. Fischer is the radiologist that read the digital X-rays and diagnosed the fractured finger. 8. Marilyn Grubb, Ulmerton Road Largo, Fl Testimony: Mrs. Grubb is the adult protective investigator for the Department of Children and Families. She interviewed the victim and suspect and documented her findings on DCF report. 9. Amela Vejo, Street N. St. Petersburg, Fl Testimony: Was a CNA on duty the same time as the defendant, and served breakfast to another patient at the same time. That she observed the defendant angrily exit the victim s room and she entered the victim s room herself. That the victim told her the defendant had broken her fingers.

5 Completed Approvals Approver Role Approver Date Status Initial Reviewer Vincent Moellering 1/16/2008 1:28:02 PM Report A Final Reviewer Scott Farr 1/22/2008 2:57:50 PM Report A Created by Earl Rutland on 01/15/ :57:01 AM Last Updated by Scott Farr on 01/22/ :57:32 PM