Personal Injury Attorney in North Charleston, SC

Published: Feb. 6, 2025 at 2:00 PM PST|

CHARLESTON, S.C. (WCSC) - A Lowcountry family’s experience inside a North Charleston skilled nursing facility is sparking renewed concerns about the facility’s troubling history of complaints and investigations and is raising the question of how state and federal agencies regulate and inspect nursing homes.

Gerald McFadden’s family says the months he spent at Riverside Health and Rehab were marked by a series of disturbing issues after he was admitted in May 2022 following a traumatic brain injury from a car accident.

His mother, Terry McFadden-Brown, and his aunt, Lavone Richardson, shared their complaints with the State Department of Public Health during his stay and are now describing what they say was a horrifying situation in which their loved one was left to suffer in unsanitary and concerning conditions.

“I know that my child wasn’t being taken care of,” McFadden-Brown says.

The family says they saw problem after problem during their visits to Riverside, including nasty smells, unchanged diapers and gruesome bedsores.

“My nephew actually laid in that bed all night without being changed,” Richardson says. “One night they called us, and we rushed to Riverside. Gerald’s diaper was saturated with blood.”

McFadden’s mother and aunt spoke up, contacting Riverside management and complaining to the State Department of Public Health but nothing changed, they say.

In a statement, Riverside’s management says they cannot comment directly on McFadden’s care, but they acknowledge the family’s complaints. They reported Richardson’s allegations to the state, and after an internal investigation and a meeting with the resident and the ombudsman, they found no issues with his care, management says.

McFadden’s family’s complaints are not the first ones Riverside has faced, however. The facility received dozens of complaints, lawsuits and state and federal investigations over neglect, insufficient staffing, missing money and deaths. McFadden’s experience is just another example of accusations about what goes on behind closed doors.

Live 5 Investigates wanted to know how after years of well-documented issues, and even legal challenges, Riverside still sees the same complaints and still remains open.

After more than a month of requests for an interview to break down complaints, inspections and punishments for facilities like Riverside, the DPH, the agency tasked with regulating facilities, officials finally agreed to do an interview days after a deadline they were given.

They did, however, answer some questions in an email:

What processes/protocols are in place to ensure nursing homes and long-term care facilities are following state and federal guidelines?

DPH conducts inspections or surveys of facilities to determine compliance with applicable statutes and regulations. Additionally, the Department investigates complaints alleging statutory or regulatory violations.

If someone files a complaint, what are the next steps taken by DPH?

Upon receipt of a complaint, we review it to determine whether it alleges violations of the statutes or regulations that we administer and enforce. If there are alleged violations, then the complaint is assigned to DPH staff who investigate the complaint. The investigation may consist of an unannounced visit to the facility or provider, review of applicable documentation, and/or interview of relevant staff and residents/patients. After concluding the investigation, we will issue the facility or provider a report, which will include a description of alleged violations, if any.

If a complaint is substantiated, how is a facility held accountable/what consequences could they face?

If we determine the facility or provider committed statutory or regulatory violations, then we issue a report describing the alleged violations. Additionally, the facility or provider is required to submit to DPH a plan of correction regarding the violations.

Regarding our licensed facilities and providers, we generally have authority to deny, suspend, or revoke licenses or assess a monetary penalty, or both, against a person or facility for, among other things, violating a provision of the licensing statute or departmental regulations. If we determine that there are conditions/practices at the facility that pose an immediate threat to the health, safety, and welfare of the residents, we may immediately suspend a facility’s license and, in such circumstances, we contact the appropriate state agencies for placement of the residents.

How does a facility stay open after continued complaints, citations and fines? What does it take for a facility to lose its license?

Complaints are not grounds for the Department revoking or suspending a facility or provider’s license. As noted, we generally have authority to suspend or revoke a license if the facility or provider have committed statutory or regulatory violations.

Revoking or suspending the license of a facility can have significant impacts on residents. For example, relocating a vulnerable adult from one facility to another can be a difficult transition for the resident and his/her health as well as for the resident’s family or responsible parties. Additionally, availability of beds in nearby facilities may be lacking. DPH is mindful and cognizant of these impacts. We generally only suspend or revoke a license when there is a demonstrated history of noncompliance and/or violations that pose significant threats to the health, safety, and welfare of the facility’s residents."

Documents obtained from the DPH through an open records request, however, show citations and corrections plans don’t stop the issues. Riverside was cited several times in recent years after residents lay in beds wet with urine or feces, after a nurse cussed at resident and after thousands of dollars went missing from one resident’s account.

Riverside had three federal fines in the past three years totaling nearly $24,000 and had its Medicare funding cut off at one point, Medicare records show, but complaints continued coming in.

Advocates from national organizations believe regulatory bodies and government agencies tasked with inspecting facilities and handling complaints are not doing enough to protect residents.

“As an advocate, when you look at the regulations and the laws in place to protect nursing homes residents, they’re amazing, they’re significant, and they’re very detailed,” Sam Brooks, the Director of Public Policy at The Consumer Voice, says. “But what we see repeatedly are failures at the federal and state government to actually enforce them.”

Brooks, whose organization advocates for long-term care residents and their families and fights for better quality care, believes part of the issue with holding facilities around the country accountable is that state and federal regulatory bodies are drastically underfunded.

“When you don’t have that money, you’re not investing in survey staff and complaint investigations,” he says. “You do see this real degradation of the enforcement authority.”

Even if facilities do see enforcement and numerous complaints, citations and fines, they find a way to keep their doors open, he says.

“I think for a lot of facilities, fines are the cost of doing business,” Brooks says. “They know down to the dollar how much it costs and how much profit they’re getting from a facility. And oftentimes, paying a fine is much cheaper than investing in staff and providing high-quality care.”

McFadden’s family pulled him out of Riverside in late summer of 2023. His mom quit her job to care for him. His family, however, believes something at every level, from government enforcement to staffing, must change.

“[Riverside] needs to be closed down, and that’s just it,” Richardson says. “Close that nasty, terrible building down.”

Riverside maintains the family did not express any dissatisfaction with McFadden’s care when they removed him from the facility nor did they voice any additional concerns when the facility followed up after his discharge, according to management. Facility leaders tried to work with the family throughout the time of his stay to address his concerns, management says.

Riverside’s Administrator, Patty Castle, released this response to requests for information about this story:

Due to federal and state privacy laws, we are unable to disclose specific details about Mr. McFadden’s treatment but we can confidently say that our staff diligently worked with his family to address any concerns they had throughout his stay at our facility. We followed our established grievance procedures, which include reporting any allegations of neglect to the state authorities for investigation. In March 2023, when Mr. McFadden’s aunt voiced concerns about his care, we promptly reported her allegations to the state. Following an internal investigation and a meeting between the resident and the ombudsman, it was concluded that there were no care issues. The outcome of this investigation was communicated to Mr. McFadden’s family. We also have no record of complaints from the family at any time about bugs or the cleanliness of the facility.

When Mr. McFadden admitted to our facility in 2022, his family’s goal was for him to return home where they could care for him. Upon his discharge in 2023, the family did not express dissatisfaction with our care. In fact, after Mr. McFadden’s discharge, we followed up with his family to ensure his smooth transition home and to address any potential concerns. At no point during the follow-up conversation did the family share any concerns about Mr. McFadden’s care or treatment.

In light of the clip that was aired last night previewing Mr. McFadden’s aunt stating one night she was informed Mr. McFadden’s diaper was “saturated with blood”, I encourage you to make sure you have a comprehensive understanding of Mr. McFadden’s health condition, including the medications he was taking in 2022, almost three years ago when this occurred.

We remain committed to providing quality of care to all our residents and we continue to work closely with families to address any concerns they may have, always striving to improve our services. Thank you for allowing us the opportunity to address these matters, and we appreciate your commitment to uphold your ethical obligations of impartiality, objectivity, and balance as you publish a second story about our facility.

Copyright 2025 WCSC. All rights reserved.

North Charleston City Hall FILE (Brian Heins/WCIV)

NORTH CHARLESTON, S.C. (WCIV) — North Charleston residents are expressing frustration over the lack of progress in addressing food deserts in their community, a problem that has persisted for years despite efforts by local leaders.

In 2010, the city purchased a plot of land at the corner of Rivers and McMillan with the intention of transforming it into a hub for affordable and healthy grocery options. However, nearly two decades later, the project has yet to materialize, leaving residents questioning the delay.

"I'm just somewhat appalled that they don't recognize these food deserts if we have 'em here in the Lowcountry," said Louis Smith, the Community Center director. "Can you imagine them spread throughout America? And that's, that's really what we are talking about at the moment."

READ MORE | "Food deserts complicate RFK Jr.'s call for healthier food stamp purchases."

Efforts to reach city leaders, including Mayor Reggie Burgess and city council members, for comment were unsuccessful.

Mayor Burgess was reportedly out of town, and no council members responded to inquiries.

The nearest Walmart is over a 45-minute walk from the site, highlighting the community's limited access to affordable groceries. Despite the setbacks, some residents remain hopeful that solutions will eventually be implemented to address the food desert issue in North Charleston.

"We have what we call the food deserts, and this is real, no grocery stores at all," Smith said. "A lot of people don't have transportation to go out to the malls to go out to the regular stores. As a result, they have to deal with the small neighborhood stores."

READ MORE | "West Ashley launches South Carolina's first edible forest, tackling food insecurity."

Democrat State Rep. Wendell Gilliard, understanding of the trouble, recognizes that people are ready for new beginnings.

"The first time in history, we have two new mayors," Gilliard said of the new mayors in both Charleston and North Charleston. "They are visionaries. I think being that they're new, I know that their hands, they have boots on the ground, they're gonna make a difference."

In the meantime, while the wait for a grocery store continues, Smith plans to continue to feed the people.

"People like myself, the Community Resource Centers, we fill that void. We help them get the nutritional food, the nutritional groceries”.

A former area youth group leader stood stock still, staring straight ahead while a teenager he admitted to inappropriately touching told a packed courtroom how his actions have affected her life.

The girl, now 16, said she was "forever changed" when Vernon Tyrell Willis — someone she used to trust — touched her buttocks without her consent when she was 13.

She said during Willis' Jan. 30 plea hearing that she's spent the past years changing her hair and dress in an attempt to be "less seen" because she is ashamed of what happened to her.

She struggles to be in public places and feels panicked at the thought of going back to Seacoast Church's North Charleston Dream Center, a placed that used to make her feel at home.

"I wish I could go back and change so many things," said the minor teen. "I want (him) to know what he did to me was wrong."

She said she plans on succeeding in life in spite of the pain her former youth pastor put her through. A number of other parents and children also attended the hearing, filling two rows of pews on the solicitor's side of the courtroom.

About 10 people also attended in support of Willis. The 28-year-old pleaded guilty to two counts of second-degree assault and battery and seven counts of third-degree assault and battery. Several additional charges were dismissed because, the prosecutor said, the victims haven't been cooperative.

The charges stem from numerous occasions that occurred before, during or after church events from 2020 to 2022. Willis inappropriately touched the clothed buttocks of numerous girls between the ages of 13 and 16 on several occasions, records show. The extent of touching went further to other private body areas with one victim at least once, according to court records.

At the prosecution's recommendation, 9th Circuit Judge Roger Young sentenced Willis to three years of probation, allowing him to avoid prison time. Willis is required to attend boundary counseling. He will get credit for 28 days he previously served in jail before being released with an ankle monitor.

Boundary counseling attempts to teach people who are "unaware of what appropriate boundaries are" consensual ways to show affection, prosecutor Lauren Mulkey Frierson said during the hearing.

Defense attorney Edward Phipps, who is a longtime family friend of the Willis family, described charges as resulting from confusion about boundaries during hugs at Seacoast.

"The difficulty is he lingered in his hug a little too long," Phipps said. "It's unfortunate that it's gotten to this point. ... He's not a threat."

He and co-counsel Mark Huber said Willis, who was born and raised in the area and has no prior record, had a shaky relationship with his biological parents and was homeless several times in his life. A Seacoast pastor took him in, and that community became his family.

"He's had speedbumps in his life, and this is probably the largest one," Huber said, adding that Willis used it as a learning experience and wants to "do better in life."

Willis took a long pause and a deep breath before he apologized to those in the courtroom.

"I can assure you, your honor, that with every fiber and bone in my body that i will do my best to grow, to be more aware, to become more boundary-prone in my actions," he said. "I understand your trust has been broken, I understand that a lot of hearts have been lost in my actions, and I will do all that I can to become a better person."

One mother who addressed the court on behalf of her daughter called him a predator.

“We trusted you with one of the most precious things on this Earth, our daughter," the mother said. "You manipulated us and all of these other parents, you groomed these girls."

Aa a Christian, she added, she believes his final judgment will come with God.

Before announcing the sentence, the judge took a moment to address the victims present in the courtroom.

He assured each teenager that while this was a life-changing event, it is not one that has to define the remainder of their lives.

"Time heals all wounds, it really does. It doesn't mean you forget it, but it does mean you don't have to think about it every day after a while," Young said. "That hopefully will bring peace of mind."

This story has been corrected to state right years Vernon Willis worked at the Seacoast Church.

The North Charleston Coliseum and Performing Arts Center turned 32 years old this week.

The Coliseum has held more than 3,000 entertainment and sporting events and served nearly 11 million attendees since it opened Jan. 29, 1993. And behind each event are the dedicated staff members who work to create unforgettable experiences.

Eighteen employees have been with the Coliseum for more than 30 years, a true testament to the venue’s commitment to building community.

To celebrate another anniversary of the Charleston area’s premier event center, three employees share their stories.

Meet Jeanette

Favorite concert memories: Tina Turner, Prince

Jeanette Smalls, who just celebrated her 73rd birthday, said it certainly hasn’t felt like 32 years have gone by working at the Coliseum.

“But it depends on what day of the week you’re asking,” she said, laughing.

Currently she’s the catering manager but in the past she’s helped with a little bit of everything, from cleaning the concession stands and cooking in the kitchen to office work.

“It’s the family environment — it just feels a lot like family,” she said of what has kept her fulfilled.

Smalls grew up in downtown Charleston. She worked at Roper Hospital for 15 years coordinating special events and catering functions and also worked in hotel hospitality.

“I’ve done food service most of my life,” she said.

These days she enjoys working with clients to bring their ideas into fruition.

“You guide them, give them ideas,” Smalls said. “Some people are really open to it, and you play off each other.”

And while she doesn’t run around quite like she used to, she appreciates the give-and-take of working with the catering team to build off of what went right and what could be improved with each event she oversees.

Where Smalls finds small joys in life is in cooking for her loved ones.

“I love taking a recipe and putting a little of myself into it,” she said. “I love to cook as long as there’s somebody there to eat.”

Meet Charlie

Favorite concert memories: Tony Bennett, The Eagles

As guest service manager, Charlie Harris often finds himself taking care of loose ends before events at the Coliseum.

His main role is scheduling the staff to make sure each event has enough personnel to run smoothly.

“Working here is good exercise,” Harris said amusedly. “I get a lot of steps in during the day. It keeps me fit. I just turned 74, so hopefully I can last a few more years before they say, ‘Charlie, it’s time to leave.’”

He grew up in a little town called Prospect in Tennessee. His father was a World War II veteran who wanted him to join the Army, so he sent him to The Citadel in Charleston. Although he dropped out, Harris did meet his wife, Pam. They’ve been married 53 years.

“I met her on the Isle of Palms,” he said. “She was walking on the beach. We started talking, and the rest is history.”

One of his fondest memories is working at the Eagles concert in 1995 when the band first played the Coliseum with all the original members.

These days, he gets a kick out of the kids who come to the Coliseum for various events such as Disney on Ice.

“The children have seen all the characters like Mickey Mouse and Donald Duck on TV of course, but when they come in here and see them ‘in the flesh,’ their faces just light up and shine,” he beamed.

Meet Ollie

Favorite concert memories: The Eagles, Cher, Garth Brooks

Getting hundreds of guests parked on time is no small feat, but it’s what Ollie Fountain makes happen year in and year out as a parking manager.

“It’s a family affair,” Fountain said of being part of the parking staff for 31 years.

That sense of family extends to the guests he deals with on a daily basis, he said.

“Charleston is a small town, really, and I have seen the same people coming to events all the time,” he said. “There are people I know who when they first started coming, they weren’t married, and now they’re married with children and their children have children.”

Fountain hails from Corsicana, Texas, about 50 miles south of Dallas. His military service brought him to Charleston around 1971. He started working part-time at the Coliseum while he was still in the military, and he’s now retired from service.

Working in parking management at the Coliseum usually requires helping attendees get to and from their cars for multiple events at one time, Fountain said.

“There’s a lot that goes into it,” he said, “and we pride ourselves on making a plan.”

One thing he’s seen over and over again is the goodwill between people.

“You'd be surprised just how nice people really are,” he said. “If you watch the news, you’d think everybody hates everybody. It’s not true. Every day we see the kindness of people.”

President Joe Biden will worship with a Lowcountry congregation and visit the International African American Museum in Charleston during his final day in office.

President Joe Biden will wrap up his presidency in Charleston this weekend, spending his final day in office in the city where it all began with the 2020 endorsement of Congressman Jim Clyburn.

“He is coming to thank the very community and the people who put him in the White House,” says former State Sen. Marlon Kimpson who was appointed by Biden in 2023 to serve on the U.S. Trade Advisory Committee.

Kimpson says Biden will worship at Royal Missionary Baptist Church in North Charleston Sunday and attend a reception at the International African American Museum at Gadsden’s Wharf in Charleston.

“While he will be thanking us, we will also be thanking him,” says Kimpson. “This president has done tremendous service to our state.”

Kimpson points to the Bipartisan Infrastructure law of 2021 that brought millions of dollars to our state, including the expansion of broadband allowing internet access for people in rural communities at a critical time, during the pandemic.

He also applauds the outgoing president for expanding healthcare for many who could not afford it, in particular, the American Rescue Plan that provided relief for families and workers impacted by COVID.

“All those resources enable our people to live a better quality of life,” says Kimpson.

As for what’s next with former President Donald Trump officially returning to the White House the day after Biden’s visit, Kimpson believes attacks on Diversity, Equity and Inclusion programs have been misplaced.

“People are hurting in our country and they’re looking for somebody to blame for their own lack of success,” he says.

“I think leveling the playing field for opportunities for those who haven’t historically had those disadvantages is not taking away from someone who thinks they’re deserving.”

As for President Biden’s message Sunday, Kimpson says, that’s anyone’s guess.

“I can say this. It’s hist last day in office and he will be speaking to the world.”

In other words, all eyes will be on Charleston.

The White House has issued a press release acknowledging the president’s visit to Charleston but has yet to include specifics.