Luzerne County Man’s Wrongful Death Suit Settled

WILKES-BARRE, Pa. - Oct. 30, 2014 - PRLog -- John Glenn Popple loved Halloween. But he won’t be dressing up like a Hershey bar this year, or any other year.

Popple – bipolar, autistic and severely mentally disabled – choked to death in 2010 after being left unsupervised by staff at the New Hope Group Home, in Tunkhannock, in direct contradiction of his care plan. Now, a settlement in his wrongful death case will be used to help improve services for vulnerable people like Popple in northeast Pennsylvania.

“My brother is gone for good, after dying an awful death. The people who were supposed to be responsible for him were irresponsible, and then were devious and untrustworthy as they tried to cover up what had happened rather than take responsibility for their mistakes,” said Jeff Popple, who filed suit against the home where his brother died. “We never wanted the money; it won’t bring my brother back. For us, this settlement is about ensuring that people like my brother are treated better.”

Aided by attorneys Melissa Scartelli and Peter Paul Olszewski, Jr., the Popple family recently settled its case against Step by Step, Inc., which, through the New Hope home and others like it, offers services to more than 2,000 Pennsylvanians with mental illnesses and disabilities.

The Popples have established a foundation in John Glenn’s name to receive the proceeds of the settlement and donate to organizations that support and advocate for vulnerable populations. Already, $50,000 has been donated to The Arc of Luzerne County, which is dedicated to improving the quality of life for people with intellectual and developmental disabilities.

“The Popple family’s generous decision to donate proceeds from this case to The ARC will allow some good to come from this tragedy,” said Melissa Scartelli, president of Scartelli Olszewski, P.C. “The crucial work that The ARC does helps educate people about the needs of the mentally disabled and about our shared responsibility to support and protect these people and their families.”

Another $50,000 has been donated to the Luzerne County Child Advocacy Center, which is opening a new location that will give police officers, social service workers and doctors a more approachable setting in which to interview and examine children who may be victims of abuse or sexual assault.

The Popple family’s gift has enabled the advocacy center to buy new cameras, microphones, and a computer for the interview room, as well as window treatments and decorations – including an ocean mural – for the exam room. The center is aiming for a Nov. 1 grand opening.

“We never would be able to get to where we need to be without the Popples’ help,” said Shannon Peduto, the advocacy center’s executive director. “We plan to hang a plaque on the wall in honor of John Glenn and the Popples.”

The son of John and Gail Popple, John Glenn suffered from severe mental retardation, autism, organic personality disorder, and bipolar disorder and needed constant supervision and assistance with all aspects of day-to-day life. As he grew older, he developed increasingly severe manic episodes that were complicated by chronic insomnia and periods of extreme agitation.

No longer able to adequately care for him following the death of her husband and her own severe illness, his elderly mother decided to place John Glenn at the New Hope Group Home in 2005. Owned and operated by Step by Step, Inc., New Hope was home to no more than four residents at any one time.

As extensively documented by John Glenn’s Individual Service Plan (ISP) and his medical records, John Glenn often would stuff his mouth full with food or inanimate objects, placing him at severe risk for choking. His ISP – which Step by Step personnel reviewed and helped write each year – mandated constant line-of-sight supervision in a one-on-one care environment.

That didn’t happen on Sept. 14, 2010.

On that night, John Glenn got out of bed and walked out of his bedroom. No alarm had been installed on his bed or bedroom door, and no staff member was posted outside his room, despite his ISP’s requirement for direct line-of-sight monitoring at all times.

Unseen by staff members, John Glenn proceeded alone to a kitchen area, where he discovered an unattended box of jelly donuts. He was found later by a staffer who had worked at the facility for only 16 days and was untrained in CPR. By that time, John Glenn had stuffed at least four donuts into his mouth and was choking to death. An autopsy later would reveal that he had aspirated some of the food into his lungs, causing severe hemorrhaging.

In the wake of John Glenn Popple’s death, management-level employees of Step by Step, Inc. took extensive measures to try to hide their negligence that night. Both the Pennsylvania Department of Welfare and an independent investigator hired by the Popple family determined that Step by Step failed to collect evidence at the scene of John Glenn’s death, falsified statements to official investigators, and terminated employees who indicated their intention to cooperate with outside investigators. The company’s own internal investigation was a sham intended to facilitate the deceptions perpetrated by the home’s management.

Jeff Popple – younger than John Glenn by two years – refused to give up until he discovered the truth about his brother’s death.

“Had Step by Step been honest, there never would have been a lawsuit. But before he was even dead, they were covering up what had happened,” Jeff Popple said. “Pete and Melissa took on a case that no one else wanted to touch. They kept banging away until they had uncovered the truth. They worked tirelessly for a person who could never thank them.”

“Greater awareness of and sensitivity to the challenges that faced John Glenn might have prevented his tragic death,” said Olszewski. “We join the Popples in their hope that the foundation formed in his name will help keep this kind of preventable death from ever happening again.”

About Scartelli Olszewski, P.C.: Founded in 2001, Scartelli Olszewski, P.C. handles personal injury and wrongful death cases. Scartelli Olszewski is small enough to care, yet large enough to win for their clients in the Scranton and Wilkes-Barre, Pa., region. To learn more, visit http://www.scartelli.com