This was my complaint to the Adult Protective Services, as Licensing and Protection refused to investigate. I AM NAMING NAMES…OF THE GUILTY.
I had been mute for days prior to the date of Nov 18, 2015, when still mutein the early morning, on Unit D at Vermont Psychiatric Care Hospital I started slamming doors because I could not communicate my frustration at not being granted a PRN for Ativan. This was NEVER a danger to self or others. I had done this many times on the unit and was never punished for it, or restrained for it. I also had on file on the unit at that time a signed notarized Advanced Directive on the first 2 pages of which is stated in bold letters the request NOT to use ultimatums or seclusion or restraints because of previous traumatic experiences.
Annette Brennan, the charge nurse, apparently angry with me, came into my room and yelled: “I will not have you slam doors again on my watch!” She then backed me into my tiny bathroom, which I had been using as my bedroom ever since I had been admitted, and grabbed my wrists even though I was mute and unable to object, and when I attempted to biteher fingers to get freeshe called for me to be placed in seclusion.
Once in seclusion, she had staff reenter the seclusion room to have my wristwatch and glasses forcibly taken from me, resulting in injuries to my face and breaking my glasses, even though I was not demonstrating any violence or injurious behaviors, *not* until she called for a team and show of force to gang up on me.
Then she placed me in 5-point restraints only after she had staff reenter the seclusion room and I attempted to leave the seclusion room(if you look carefully at my chart you will see this was the reason for her calling for 5 point restraints and not violence of any sort) despite the Advanced Directive that had been much discussed during my stay in the prior three weeks. This AD states in unequivocal terms that seclusion and use of mechanical restraints has been extremely traumatizing for me and worsens my condition.
Not only that, Nurse Brennan convinced the on call doctor that my lack of speech was volitional and willful and wrote an order which she had Dr. Joseph Lasek sign that I was not to be removed from restraints *until I spoke aloud* NO MATTER HOW COMPLIANT I was, no matter how quietly I lay there. In point of fact they refused to ask me the requisite questions to let me out of restraints even though I lay so still I triggered an assessment every fifteen minutes… This order resulted in severe trauma and several hours of restraints. PLEASE NOTE that no one disputes the fact that I was mute and had been mute for days before this night. This order and Nurse Brennan’s part in what happened was torture. It constituted punishment and unnecessary restraint. None of it was necessary but Ms Brennan was angry with me for an episode of swearing that had occurred several weeks earlier and she lost her temper and her cool.
Brennan’s violated CMS regulations from the earliest point of this interaction because I was not a danger to myself or anyone else when Ms. Brennan first put hands on me, and only when I was touched against my wishes involuntarilythereafter could my behavior possibly been considered dangerous, and yet I was involuntarily restrained for several hours. Even a year later I still suffer an unbearable trauma from this event which my AD, a legal document, was intended to avoid, but it was ignored entirely…
THE FOLLOWING IS THE APS REPORT, WITH NEGATIVE FOR ABUSE…
1. On 11/22/15 DLP received a report indicating PW, alleged victim, was physically abused and unlawfully restrained by a staff member “Annette” at the Vermont Psychiatric Hospital. (Later identified as Annette Brennan, RN)
2. On 11/25/15 this investigator emailed PW to discuss the current allegations and arrange for a face to face interview with another investigator.
3. On December 3, 2015 Investigator Denise Anderson interviewed the alleged victim, PW, at Meadow View Recovery Residence in Brattleboro. PW has been residing at the facility since her discharge from Vermont Psychiatric Care Hospital. PW alleges staff at VPCH conducted an unlawful restraint on her during her stay at the hospital; she has documented this incident on her blog which she indicates she will provide to Investigator Holland-Kelley via e-mail. She stated the incident occurred around 1:00AM on November 18th, the day after her birthday. PW reported she had been “mute” for a few days and asked for a pill of Ativan as it helps her to speak. She stated the staff gave her .5mg and she stated she wanted another.5mg and they refused to give this to her. She stated she was agitated by this denial and a staff member named, Annette, entered the bathroom and grabbed her wrists and had PW’s arms over her head. PW stated she attempted to bite Annette. She stated at that point multiple staff persons entered the bathroom and escorted her out of the bathroom horizontally; each staff person having a limb, and “dumped her onto the mattress in the seclusion room.” PW stated she heard the staff persons conferring because PW had her eye glasses and other items on her person. She stated the staff entered the seclusion room and grabbed these items, including her eye glasses. PW stated this is when they injured her nose (PW has provided a photograph of these injuries). She stated when the staff attempted to exit the room she exited the room with them and the staff escorted her back into the room. PW stated the staff had told her she was not to exit the room but she ignored this command. PW stated it was at this point they used the restraints and secured her to the mattress. PW stated she was restrained for approximately 6 hours; she stated the staff are supposed to assist individuals with range of motion; PW stated she was fearful of developing a blood clot given she was restrained for so long. She stated she did range of motion to her body the best she could as a result. PW stated the staff interpreted this as resistance and considered her to be “flailing.” She stated she did not want to be humiliated by asking to go to the bathroom and then getting restrained again so she stated she opted to urinate in her clothing. She stated Annette “just wanted to take control of things; she wanted to be in control.” She stated she finally agreed to a safety plan and was released from the restraint.” PW does not believe the seclusion was necessary; she believes staff was unnecessarily rough in removing her glasses. PW believes the staff; specifically Annette just wanted to be in control. (Interview with PW,
4. PW meets the criteria of a vulnerable adult as she is over the age of 18 and she has chronic mental health conditions which require she receive assistance with her IADL’s and ADL’s. At the time of this report PW was an inpatient at a licensed psychiatric hospital in Vermont.
5. A review of medical records was done stemming from the noted incident on 11/22/15 involving PW and Annette Brennan, RN. According to the documentation, PW was behaving in an unsafe manner and was considered a danger to herself and others. The staff at VPCH followed hospital policy and procedures to ensure PW’s safety and the safety of the staff. PW was not cooperative with the on duty staff during this time and refused to communicate with them. To ensure everyone’s safety, the staff followed MD orders to assure PW was safe.
6. Further review of the incident report by Annette Brennan RN and other staff members dictate all staff was trying to work to keep PW safe as well as themselves. PW was attempting to kick and bite staff so they had to resort to means to keep everyone safe. Everything done was under the direction and orders of a physician.
7. On 12/21/2015 Mr. Perry stated the VPCH conducted their own investigation involving PW through the JCAH and he would send along the documentation requested for this investigation.
8. On 1/4/16 an invitation to interview letter/request was sent to witness Jennifer Mausukhan, RN with a response due 1/11/16. 9. On 1/4/16 an letter with an invitation to interview response was sent to Annette Brennan with a response date of Jan 15th
10. On 1/7/2016 Ms. Brennan had a telephone interview with this investigator. Ms. Brennan recalls being the nurse in charge on the particular day of the report. She recalls being in the back room with the supervisor and hearing banging going on outside the room. She went out to check and found PW had gone into her bathroom where she had put her mattress on the shower floor thus making her bathroom her safe room. She was trying to slam her door all the while she had 2:1 observation. There were 2 male staff members there. Ms. Brennan decided to put herself between PW and the 2 male staff members because she did not want the staff to be wrongfully accused of anything inappropriate with PW. PW hit Ms. Brennan in the stomach with a notebook and then went to swing at her with her other free arm. It was at this time Ms. Brennan made the decision to ‘take down’ PW and brought her out into the hallway. She had PW carried by 3-4 staff members to the seclusion area. The MD came to assess PW. PW was later searched and as the MD was leaving the room PW tried to attack him. PW grabbed one of the techs around the ankles and Ms. Brennan made the call to put PW in restraints at this time for her own safety and the safety of the staff. PW had received Ativan 1 mg. PRN but the MD did not want her to have any more Ativan. Ms. Brennan said she was checking PW from outside the room. She observed PW move all of her extremities as well as do some ROM (range of motion) to her feet and ankles. She went to check PW up close and PW kicked her in the groin. “I made the decision not to take her out of restraints for ROM”. An employee event was filed. PW screamed extremely loudly later on while still in seclusion. “I was the object of her anger as I was the one making the decision to put her in restraints. She did not just hit me she also hit other staff members and spit on them too. PW was taken out of restraints between 7 and 730pm that evening”. Ms. Brennan denies harming PW at any time.
11. On 1/7/2016 Ms. Mansukhani had a telephone interview with this writer. She stated she was on duty the day of the particular incident noted in this intake report. She stated it was the first time she had met with PW – she didn’t really know her well. She remembered PW going up to the window requesting more Ativan and being told she couldn’t have more (after checking with the MD). Ms. Mansukhani offered her some Melatonin but PW refused that offer. PW became enraged when she inquired which MD had been called and learned it was the MD on call and not her primary MD. (Per policy). PW was lying on the mattress on the floor of the bathroom when nurse Mansukhani went back in to see her. PW was on a 2:1 protocol. PW threw a notebook she had at the wall, not directly at anyone. PW tried to bite Annette (Brennan) and she was kicking. There were a lot of staff members there in the room. They picked PW up and carried her to seclusion area. The MD said not to medicate PW at this time. Ms. Mansukhani stated she went to the other side of the unit at this time because there were only 2 female staff members on duty on the other side and another patient was having a difficult time. PW’s side had 6-7 staff members. When she returned she said she saw PW had restraints on and remembered being surprised and asking what had happened. She recalls asking Nurse Brennan if anyone had checked the restraints on PW. Nurse Brennan told me she had been checking them when PW began kicking her and kicked her in the groin. We offered PW a bedpan which she refused. Ms. Mansukhani got the impression PW was cold and offered her a blanket but PW tried to ‘bite me’ so we removed the blanket. The team decided it was a safety issue so PW did not get the blanket. PW refused to speak to any of us (staff). Nurse Brennan and the doctor said PW had to ‘speak’ a contract to be taken out of restraints which she refused to do. PW later also refused to ‘write a contract with us’. At no time did Ms. Mansukhani observe PW being physically mistreated by any staff members. She observed PW being agitated and struggling with staff. She also observed PW hitting, spitting and kicking staff. “We all tried very hard to meet her needs and get her out of restraints. It didn’t work out that way,” Ms. Mansukhani stated.
Conclusion Statement: Based on the interviews conducted and the evidence reviewed this case will be unsubstantiated. The available evidence indicates A/N/E did not occur. PW was in the midst of a psychotic episode and unable to control her own actions. The mental health staff followed their designated policies and protocols to ensure everyone’s safety at that time.
PLEASE NOTE HOW THEIR STORIES DIFFER FROM EACH OTHERS, AND HOW MINE DIFFERS FROM THEIRS…
(TO BE CONTINUED)