The Illinois Department of Health has cited and fined Aliya of Oak Lawn when a 71-year-old resident with a left ventricular assist device died after nursing staff failed to monitor and change the device’s batteries, causing the heart pump to stop. The resident was found unresponsive, transported to the emergency room in cardiac arrest, and pronounced dead after the batteries completely depleted and the backup battery also failed.
The Incident
The resident in question was admitted to the nursing home with severe heart failure and a left ventricular assist device—essentially a mechanical heart pump that keeps blood flowing because his own heart was too weak. The device runs on external batteries that need to be monitored and changed when they drop to half capacity, or it can be plugged into a wall outlet to charge. The resident also had cognitive deficits and a history of wandering and sometimes tampering with his own equipment.
On the evening shift, a nurse checked the resident’s batteries and found them at three bars (adequate charge). However, the nurse did not change the batteries even though they had dropped to half capacity, which violated the facility’s protocols. The nurse stated that he would wait for the resident to ask to be plugged in at bedtime rather than proactively connecting the device to the wall outlet. The nurse remained on duty for seven hours after observing the low battery level but never changed them or plugged the device in.
During the overnight shift, the situation became critical. The night nurse claimed she changed the resident’s batteries around 3:30 in the morning, but video surveillance proved this was false—she never entered the resident’s room between 1:00 a.m. and when she left her shift in the morning. Instead, cameras captured her sitting at the nurse’s station using her personal phone, “blowing kisses while on the phone, laughing,” rocking in her chair, and walking down hallways waving her hands in the air. When she documented vital signs for the resident, she simply copied results from the previous morning rather than actually assessing him.
The morning nurse arriving for the next shift claimed she checked on the resident and “observed his chest rise and fall,” but video surveillance again contradicted this account—she only briefly poked her head in the doorway without entering the room. She admitted she didn’t check the device because the night nurse had told her everything was fine and the batteries were “full.”
According to the device’s event log, the batteries began showing low voltage warnings early in the morning, progressing to hazardous levels. When the external batteries finally died, the device automatically switched to its emergency backup battery and reduced the pump to minimum speed. Eventually, the backup battery also depleted and the pump completely stopped. A nursing assistant found the resident unresponsive later that morning. Emergency responders noted that when they arrived, the device “had been on battery backup for over 300 minutes” before anyone discovered the problem. Despite attempts at resuscitation and restoring power to the device at the hospital, the resident died.
Systemic Failures
The tragedy exposed widespread problems at the facility. Multiple nurses admitted they had never received proper training on the devices at this nursing home, though some had worked with them at other facilities. The Assistant Director of Nursing, who was supposed to be the facility’s expert and trainer on these devices, confessed “she is not competent in LVAD training” and had “never entered the resident’s room to observe his LVAD system.” She acknowledged she never told the nursing staff she was supposed to be their resource person “because she did not feel competent in her role.”
When asked to demonstrate how to check the battery level, one nurse “picked up the gray battery” and “flipped the battery over and over” but “did not identify the button on the front of the battery to check the battery capacity.” The facility’s training materials clearly stated: “change batteries if down to two lights (50%)” and emphasized that batteries “must always” have adequate charge, yet staff either didn’t know this or didn’t follow through.
The resident had no care plan specifically addressing his device despite its life-sustaining importance. While there was an order to check the device twice daily at 9:00 a.m. and 5:00 p.m., there was no plan for overnight monitoring even though the resident was known to tamper with his equipment. One nurse who regularly cared for the resident said “all the nurses were aware” that he would sometimes remove his own batteries, yet the facility implemented no additional safeguards.
The facility’s medical director stated that “if the batteries to the resident’s LVAD were depleted it would exacerbate his death” and emphasized “there should be at least one nurse on duty that is trained on the LVAD.” He also noted that the facility never informed him of the incident. The Director of Nursing discovered during the investigation that she had no documentation proving staff had received training, despite earlier assumptions that training had occurred.
Regulatory Response
Health inspectors declared an Immediate Jeopardy situation—the most serious type of violation indicating substantial likelihood of death or serious harm. The facility responded by immediately suspending and later terminating the night nurse who falsified records and failed to provide care. They conducted emergency training for all nursing staff on proper device monitoring, battery management, emergency response protocols, and the requirement to conduct resident rounds at least every two hours. The facility also implemented daily audits to ensure compliance and reviewed their policies with the medical director.
One of our core beliefs is that nursing homes are built to fail due to the business model they follow and that unnecessary accidental injuries and wrongful deaths of nursing home residents are the inevitable result. Our experienced Chicago nursing home lawyers are ready to help you understand what happened, why, and what your rights are. Contact us to get the help you need.