Lawsuit Filed Against Nursing Home & Former Aides

MINNEAPOLIS, MN--The operators of the Good Samaritan Society Home in Albert Lea and some former nursing assistants are facing a lawsuit in Freeborn County Court.

A group of Minneapolis lawyers representing at least 8 current or former patients said they want answers.

"This is wrong, this is really wrong what they did," said attorney James Carey who is one of the lawyers filing a civil suit on behalf of the patient's families.

Ashton Larson and Brianna Broitzman are already facing about a dozen criminal charges apiece.

Investigators claim they may have played a part in the abuse of up to 15 patients, over several months in 2008.

The patients suffered from Alzheimer’s and dementia.

"These are young ladies who are going into the rooms and locking the door and doing really unconscionable things to vulnerable adults when they're screaming, when there's laughing, they're video-taping," said Carey.

Lawyers are claiming there was 6 month pattern of abuse that included: the striking of a patient’s breasts, lying on and groping a resident, inserting a finger into a resident’s rectum and “humping” residents in their beds to simulate sexual activity.

Along with Broitzman and Larson, former nursing assistants Alicia Heilmann and Kaylee Nash are the targets of the civil suit, right along with the home's parent company.

The lawyers were careful to compliment Freeborn County's attorney and said the lawsuit isn't result of any dissatisfaction with the criminal justice system.

The lawyers said it’s about whether Good Sam did a proper job in training, policies and supervision

"We have 17 and 18 year old girls running amuck," said attorney Mark Kosieradzki. Someone should be watching them to see what they're doing."

A spokesman for the Evangelical Lutheran Good Samaritan Society in Sioux Falls, South Dakota said he couldn't speak to specifics in the case. But Mark Dickerson noted a state investigation showed proper procedures were followed and policies were in place.

"If these nursing homes are held accountable for the conduct of their employees then maybe change will come into play," said Kosieradzki. Because really this has got to stop it’s happening everywhere and its happening too often."

Dickerson also pointed out Minnesota investigators didn't cite them because they didn't find them responsible for what happened.

The lawyers refused to talk specifics about what they would seek for damages, but each of nine counts which include claims of assault, emotional distress and negligence also contains a demand of $50,000 for each of the 4 plaintiffs.

The lawyers said they also represent 4 more families of patients who have died since the accusations surfaced.

They expect to file a similar civil lawsuit in federal court on their behalf very soon.