Lawsuit Filed Against Home Care Provider for Alleged Violent Assault on Elderly Hospice Patient

In a shocking case that underscores the vulnerabilities faced by elderly patients receiving home care, the Law Offices of Robert E. Brown, P.C. has filed a lawsuit against three Visiting Nurse Service (VNS) entities and home care attendant Joy Odunze-Matthew. The legal action follows the alleged violent assault of Carolyn Albanese, a terminally ill hospice patient, by her caregiver.

The lawsuit, filed in the Supreme Court of the State of New York, Richmond County, details disturbing allegations of multiple attacks on Ms. Albanese by Odunze-Matthew. The most recent incident, which occurred on September 10, 2024, was captured on video and allegedly shows the defendant striking the elderly patient with a weapon, resulting in severe physical injuries and mental anguish for the victim.

This case brings to light critical issues surrounding the vetting, training, and supervision of home care staff. The complaint accuses VNS and its affiliates of gross negligence for failing to properly manage their employee, Odunze-Matthew. The legal action includes multiple causes of action, such as negligence, negligent hiring and retention, assault, battery, and intentional infliction of emotional distress.

The implications of this case extend far beyond the individuals involved, potentially impacting the entire home healthcare industry. It raises serious questions about the safety measures and oversight in place to protect vulnerable patients receiving care in their homes. As the population ages and the demand for home care services increases, ensuring the safety and well-being of patients becomes increasingly crucial.

Robert E. Brown, the attorney representing the Albanese family, emphasized the gravity of the situation, stating, "This is a case of egregious neglect and abuse by those entrusted with the care of one of society's most vulnerable individuals." The lawsuit seeks both compensatory and punitive damages to address the physical, emotional, and psychological harm suffered by Ms. Albanese and her family.

The criminal aspect of this case adds another layer of complexity and urgency. Odunze-Matthew was arrested on September 17, 2024, and is facing criminal charges for felonious assault. The pending criminal case runs parallel to the civil lawsuit, highlighting the severe nature of the alleged offenses.

This case may serve as a catalyst for stricter regulations and improved screening processes in the home healthcare industry. It underscores the need for more rigorous background checks, ongoing training, and regular supervision of home care attendants. Families relying on home care services may also become more vigilant and demand greater transparency from care providers.

The lawsuit against VNS and Odunze-Matthew could potentially set a precedent for how similar cases are handled in the future. It may encourage other families who have experienced abuse or neglect in home care settings to come forward and seek legal recourse. Additionally, it could prompt home healthcare agencies to reevaluate and strengthen their policies and procedures to prevent such incidents.

As this case unfolds, it will likely draw attention to the broader issues of elder abuse and the challenges of providing safe, quality care for terminally ill patients at home. The outcome could have far-reaching consequences for the home healthcare industry, potentially leading to enhanced protections for vulnerable patients and increased accountability for care providers.