Wrongful Termination

McKnight’s reported a bizarre story involving a cover up and wrongful termination of a brave CNA. Kandus Jellison was a CNA at Oakwood Specialty Care in Iowa. Health care providers and caregivers owe a fiduciary duty to vulnerable adults under their care and supervision.

On June 22, 2022, a resident fell from his wheelchair causing tremendous pain. He immediately requested to go to the hospital for x-rays. He suspected broken bones. However, the Director of Nursing Olivia Oshel stopped staff from calling 911. Administrator Nicole Behrens then said that a mobile X-ray should be performed before an ambulance was called.  Incredible.

Oakwood failed to properly care for a resident’s well-being and denied his right to emergency care. Jellison informed the resident that he could call 911 and request an ambulance. The resident called 911, and Oshel told Jellison to leave the building.

Jellison states, “It’s not like I gave him a phone, or that I dialed 911 for him. He did it himself.”

Jellison was later informed that she had been fired for contradicting a supervisor. Jellison claims she was caught in between supervisors’ orders and protecting residents’ rights. The nursing home also refused unemployment benefits to her, and a judge ruled that she ultimately contradicted facility managers regarding “medical” decisions. That is so wrong. She was protecting a vulnerable adult.

Jellison also reported this incident to the Iowa Department of Inspections. The Centers for Medicare & Medicaid Services fined Oakwood over $95,000. The Iowa Administrative Code outlines the rights for nursing home residents which includes the right to timely care after an accident, the right for participation in planning their own care, and the right for communication with anyone of their choosing.

Jellison now seeks damages from Care Initiatives, a nursing home chain that owns 43 facilities in Iowa, including Oakwood. Oshel and Behrens are co-defendants in this suit.