The National Senior Citizens Law Center or NSCLC advocates before the courts, Congress and federal agencies to promote the independence and well-being of low-income elderly and disabled Americans.  See, http://www.nsclc.org .  According to an NSCLC August 11, 2009 Press Release, the Social Security Administration has agreed to repay more than $500 million in benefits that were unlawfully withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007.  The agreement is part of a class action lawsuit settlement which has received preliminary court approval.  As stated in the NSCLC Press Release, people whose benefits were suspended or denied between 2000 and 2006 will be notified of the new policy and given a chance to re-establish eligibility.  In this regard, the NSCLC estimates that more than 200,000 people may see their benefits reinstated and/or receive back payments due to the settlement which resolves a lawsuit, Martinez v. Astrue, challenging the Social Security Administration’s method of implementing a narrowly drawn provision of the Social Security Act that seeks to prevent people from using government benefits to flee from arrest.  The NSCLC says that rather than trying to figure out which Social Security recipients were actually fleeing prosecution, the SSA used a computer matching system which matched names in warrant databases to those at SSA, and many of the matches and automatic benefit suspensions involved false or unproven allegations, minor infractions or long-dormant arrest warrants.  An NSCLC attorney quoted in the Press Release said “That vast majority of class members were not fleeing at all.”  The attorney also said “many never knew that criminal charges were pending against them, let alone that a warrant had issued.”  Another attorney involved in the lawsuit added “What’s remarkable about this case is the sheer number of individuals who were unfairly denied benefits and the size of the financial settlement they will receive.”

The Center for Disease Control and Prevention provides a “Fact Sheet” on understanding elder maltreatment at http://www.cdc.gov/violenceprevention/pdf/em-factsheet-a.pdf .  The CDC Fact Sheet states that elder maltreatment includes several types of violence that occur among those ages 60 and older.  According to the CDC, the violence usually occurs at the hands of a caregiver or a person the elder trusts.  In this regard, the CDC says there are six types of elder maltreatment: (1) physical; (2) sexual; (3) emotional; (4) neglect; (5) abandonment; and, (6) financial.  Elder maltreatment is a serious problem in the United States, and many cases are not reported because elders are afraid to tell police, friends, or family about the violence.  In this regard, the CDC recommends taking the following steps: (1) listen to elders and their caregivers; (2) intervene when you suspect elder abuse; and, among other things, (3) educating others about how to identify and report elder abuse.  In addition, the CDC offers websites one can visit to learn more about elder abuse, including the National Center on Elder Abuse at www.ncea.aoa.gov and the National Institute on Aging at www.nia.nih.gov .  Further, the CDC lists in its Fact Sheet some of the risk factors for hurting an elder: (1) drug and alcohol use, especially heavey drinking; (2) high levels of stress; (3) lack of social support; (4) high emotional or financial dependence on the elder; (5) lack of training in taking care of elders; and, (6) depression.  People who suspect senior citizen mistreatment is occurring can also contact elder abuse hotlines or helplines, as well as local law enforcement authorities.

Dana Littlefield, a staff writer with Union-Tribune, posted an article at SignOnSanDiego.com on June 17, 2009 concerning a jury verdict in a California elder-care facility neglect lawsuit in which Elaine Stinson alleged she suffered abuse and neglect in 2006 at an elder-care facility.  The article says the jury awarded $1.3 million.  See, http://www3.signonsandiego.com/stories/2009/jun/17/bn17elder-gets-award/ .  According to the article, Ms. Stinson - then 82 - was placed in the facility in 2006 by her husband, who was ten years older.  She suffered from Alzheimers Disease and was recovering from hip surgery. The lawsuit alleged that Ms. Stinson fell at the facility on December 31, 2006, and suffered a head contusion, broken ribs and a punctured lung.  Caregivers reportedly placed her in her bed but did not immediately call her doctor or family, and her husband found her nonresponsive the next morning and called 911.  Mrs. Stinson was taken to a hospital for surgery and recovered in a nursing facility for the next ten months.  She now lives in another elder-care facility and her husband has passed away.  Attorneys representing Mrs. Stinson in the lawsuit said that staff members were not properly trained and some could not read, write, or speak English.  However, attorneys representing the facility said the staff was trained and appropriate actions were taken by the staff. Attorneys for the facility planned to appeal the jury’s decision.

The website boomers-with-elderly-parents.com offers tips to prevent falls for elderly parents and caregivers at http://www.boomers-with-elderly-parents.com/fall-prevention.html , saying that many caregivers involved in the elder care of aging parents do not realize how many fall hazards can be found in the common household until their elderly parent takes a bad fall and breaks a leg or hip and is hospitalized for months.  Urging caregivers for elderly parents to take precautions, the posting states that nearly half the seniors who suffer from a serious fracture, such as hip, pelvic or spinal fracture, never completely recover from the injury.  According to the posting, fall prevention, dilligence and attention can alleviate fall risks.  In this regard, caregivers can check the house for loose rugs, too much furniture, difficult to navigate stairs and bathroom stability aids, as well as medications or medical conditions which may alter vision.  In addition, caregivers can create a fall prevention, user friendly home environment by making modifications such as securing rugs, using non-skid only throw rugs, repairing loose or uneven floor boards, using non-slip wax and buff, avoiding use of furniture with design bulges, installing grab bars near toilets and placing non-skid strips on floors near sinks, showers and bathtubs, among other things.  Researching and taking steps toward reducing the risk of falls for senior citizens can provide effective fall prevention.  The website recommends checking resources such as AARP at www.aarp.org or the International Council on Active Aging at www.icaa.cc .

The Texas Department of Family and Protective Services (”DFPS”) states in a DFPS website posting at http://www.dfps.state.tx.us/about/news/2009/2009-05-01_elder_abuse.asp that no one knows exactly how many older Americans are being abused, neglected, or exploited, but national studies estimate that 3-5 million seniors age 65 and older have experienced abuse.  However, only one in five abuse cases is reported.  In 2008, the Adult Protective Services program of the Texas DFPS completed 68,683 investigations of abuse, neglect, or exploitation involving adults living at home, and of those, the DFPS states that 48,380 cases were confirmed as abuse.  According to the posting, the majority of the cases involve physical or medical neglect, and, often, it was family members, such as adult children, spouses or grandchildren who were the perpetrators.  The DFPS recommended visiting the following website for more information on preventing elder abuse: www.everyonesbusiness.org .  Unfortunately, elder abuse and neglect appears to be on the rise.  In the last decade, the number of in-home cases investigated by APS reportedly more than doubled. 

To report elder abuse to DFPS, one can call the Texas Abuse Hotline at 1-800-252-5400 or make an online report at www.txabusehotline.org .

The Centers for Disease Control and Prevention reported recently that falls are the leading cause of nonfatal injury in the United States.  See, http://www.cdc.gov/media/pressrel/2009/r090629.htm .  According to a study published by the CDC in the Journal of the American Geriatrics Society, from 2001 to 2006, an average of 129 Americans ages 65 and older were treated in emergency departments each day - a total of more than 47,000 each year - for injuries from falls that involved walkers and canes.  For men and women who used walkers or canes, the chances of sustaining a fall increased with age, with the highest injury rates among those 85 and older.  Falls among the elderly can have especially serious consequences, including fractures and injuries to the lower trunk and pelvis.  As stated in the CDC’s Press Release, the study examined six years of emergency department medical records and found that, for older adults who had falls related to walkers or canes, 87 percent of the injuries involved walkers and older women sustained 78 percent of the walker related injuries.  Further, more than half of walker associated fall injuries occurred at home.  In this regard, the CDC Press Release noted that additional studies are needed to better understand fall risk factors for older adults who use walkers or canes, as well as to identify potential design problems and improve design of walkers.  For a full copy of the study, the CDC recommended visiting the website http://www3.interscience.wiley.com/journal/119878233/issue .  In addition, more information about the CDC’s fall prevention efforts among older adults can, according to the Press Release, be found by linking to http://www.cdc.gov/HomeandRecreationalSafety/Falls/index.html .

An article posted at http://www.sciencedaily.com/releases/2009/07/090710170105.htm by Science Daily states that the American Physical Therapy Association (APTA) is urging elderly adults who use mobility aids such as canes and walkers to be properly assessed and fitted by a physical therapist to avoid fall related injuries.  According to the posting, this advice comes in response to a study published in the Journal of the American Geriatrics Society (June 2009), which found that about 47,000 senior citizens end up in emergency rooms each year due to falls from improper fit or use of walking aids.  Physical therapists advise that these results indicate a strong need for proper fit and assessment, as reported in the posting by Science Daily.  The posting stated as well that in addition to providing a proper fit, a physical therapist can assess one’s needs in order to ensure that the person is using the proper walking aid and that it is in proper working condition.  See, American Physical Therapy Association (2009, July 10).

The National Center for Injury Prevention and Control provides tips to senior citizens on preventing fall injuries at http://www.cdc.gov/ncipc/duip/spotlite/falltips.htm#1 .  For its own part, the NCIPC states that falls are not just the result of getting older and that many falls can be prevented by, for example, beginning a regular exercise program, making one’s home safer, having a health care provider review one’s medicines and having one’s vision checked.  In doing these types of things, senior citizens may reduce their chances of falling and sustaining fall related injuries.  In this regard, the New York Times reported recently on a study published in the Journal of the American Geriatrics Society which discusses hazards for elderly people using walking aids and suggests that there is room for improvement in the use and design of walking aids.  See, http://www.nyitmes.com/2009/06/30/health/30fall.html .  According to the New York Times article, the study found that about 47,000 older Americans are treated in emergency rooms each years from falls associated with walkers and canes.  As reported in the article, that study found as well that 87 percent of fall injuries involved walkers, 12 percent involved canes and that 60 percent of fall injuries associated with walkers and canes occured at home.  The New York Times reported that the researchers examined emergency-room medical records at 66 hospitals from January 1, 2001 to December 31, 2006, focusing on patients 65 and older who had been treated for 3,932 nonfatal, unintentional fall injuries in which a cane or a walker were involved.  Authors of the study reportedly said that doctors might consider taking more time to show patients how to use walkers properly and that additional research could lead to design improvements for walking aids. 

Generally speaking, mobility aids offer greater independence to consumers in need of mobility assistance but fall injury hazards can arise when, for example, a senior citizen is not adequately informed with clear and visible instructions about limitations associated with the safe use, handling and application of walking aids and mobility devices.  Where an injury occurs as a result of using a walking aid or mobility device and a senior citizen believes the device did not operate properly or did not come with adequate instructions and warnings, seniors or their family members can register complaints with the companies involved in the manufacture, sale or distribution of the walking aid.  In addition, seniors may also consider contacting and registering complaints with, for example, the Consumer Product Safety Commission or, if appropriate, the FDA.  Complaints of serious injury resulting from negligence in the design, manufacture, marketing and distribution of mobility or walking aids may also be brought to the attention of an attorney.

The New York Times reported on June 30, 2009 that a recent study published in the Journal of the American Geriatrics Society  found that 87 percent of fall injuries among the elderly involved walkers and 12 percent involved canes.  See, http://www.nytimes.com/2009/06/30/health/30fall.html .  According to the article, about 47,000 older Americans are treated in emergency rooms each year from falls associated with walkers and canes and the study suggests that there is room for improvement in the use and design of walking aids.  As reported by the New York Times, researchers examined emergency-room medical records at 66 hospitals from January 1, 2001 to December 31, 2006, focusing on patients 65 and older who had been treated for 3,932 nonfatal, unintentional fall injuries in which a cane or a walker was involved.  The study found that fractures, bruises and abrasions were the most common injuries associated with the falls and that almost a third of all injuries were to the lower trunk, including the hips.  In addition, 60 percent of fall injuries associated with walkers and canes occurred at home, while 16 percent of falls involving a walker occurred at nursing homes, according to the article.   Authors of the study reportedly said that doctors might consider taking more time to show patients how to use walkers properly and that additional research could lead to design improvements for walking aids.

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