Family sues over sexual assault in Cuyahoga Falls nursing home

Feb. 23-- Feb. 23--CUYAHOGA FALLS -- The daughter of a woman with dementia who was sexually assaulted by a nurse's aide at a Cuyahoga Falls nursing home is suing the employee and facility over the incident.

Ronald Whisman Jr., 30, of Tallmadge was working at Continuing Healthcare of Cuyahoga Falls in June when he had "sexual conduct" with a 68-year-old female patient, according to a Cuyahoga Falls police report.

Another employee told police she opened the patient's door and saw Whisman's pants down around his ankles, apparently engaging in a sexual act with the woman.

Whisman originally denied the allegations, claiming he was changing the patient's diaper.

He later pleaded guilty in November to two felony counts of sexual battery and a felony count of gross sexual imposition and is serving a five-year sentence at Lorain Correctional Institution, according to Summit County Common Pleas Court and Ohio Department of Rehabilitation and Correction records. A first-degree felony rape charge was dismissed when he pleaded guilty to the other charges.

He'll also be required to register as a Tier III sex offender, meaning once he is released from prison, he will have to register with the local sheriff every 90 days for the rest of his life.

The woman and her daughter, both from Columbus, filed a lawsuit this week in Summit County against Whisman, Continuing Healthcare of Cuyahoga Falls and the nursing home's parent company, Continuing Healthcare Solutions Inc. of Middleburg Heights. They are seeking compensatory and punitive damages, as well as attorneys' fees.

The lawsuit alleges Whisman "was negligent, reckless, willful and/or wanton in sexually assaulting and abusing resident ... and defendant Continuing Healthcare, and its employees and/or agents, were negligent, reckless, willful and/or wanton in permitting the sexual assault of [the patient]."

According to the suit, the patient "has been forced to suffer various injuries and damages, pain and suffering, emotional distress, mental trauma, permanent injury, significant and ongoing medical treatment and expenses, and loss of the enjoyment of life." The suit cites the Ohio Nursing Home Patients' Bill of Rights, stating the patient had the right to a safe living environment and appropriate medical treatment and nursing care "and to be free from abuse."

The suit also alleges Continuing Healthcare and its employees "negligently, recklessly, willfully and/or wantonly ignored warnings and complaints, failed to provide adequate supervision, training, guidance, evaluation, discipline and/or monitoring of their employees," including Whisman.

The Beacon Journal is not identifying the patient because it typically does not name victims of sexual abuse.

Continuing Healthcare Solutions vice president of operations Mark Morley said in a prepared statement that Whisman was arrested, suspended from his job and subsequently terminated and did not return to the facility or have contact with any residents after June 4.

Morley said he couldn't discuss other specifics of the case because of the pending litigation.

"We do want to emphasize that we have extensive policies and procedures in place to protect our residents," said Morley, who said those policies include conducting thorough background checks on everyone the company hires.

Morley said "nothing of concern" was found in Whisman's background when he was hired in late 2017.

The resident was taken to an area hospital for assessment after the incident and later returned to the facility, Morley said.

It's unclear where the woman is currently living; the suit lists the same address for both the woman and her daughter in Columbus.

According to the indictments, the woman's ability to resist or consent was "substantially impaired" because of the dementia. It also notes Whisman "knew or had reasonable cause to believe" her ability to resist or consent was impaired and that he had "supervisory or disciplinary authority" over her.

Police couldn't get a statement from the patient, noting she was "mostly mumbling" and calling her roommate her husband. She was taken to Cleveland Clinic Akron General to be seen by a sexual assault nurse examiner.

The nursing director told police the woman's dementia "causes her to be very raunchy and make sexual comments in nature and that she does not have her wits about her," according to the police report report.

According to its website, Continuing Healthcare of Cuyahoga Falls specializes in long-term care, rehabilitation and therapy services, respite care, secure memory care and skilled nursing.

The case has been assigned to Judge Alison Breaux.

Stephanie Warsmith contributed to this report. Emily Mills can be reached at 330-996-3334, emills@thebeaconjournal.com and @EmilyMills818.

___

(c)2019 the Akron Beacon Journal (Akron, Ohio)

Visit the Akron Beacon Journal (Akron, Ohio) at www.ohio.com

Distributed by Tribune Content Agency, LLC.