Woman says nursing home banned her from visiting her now-dead sister after she complained

By Megan Hickey

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    CHICAGO (WBBM) — A grieving woman could not visit her dying sister in her time of need in a nursing home.

Ellisshia Garner passed away last month. Her sister, Luchanda Castleberry, wants to tell her story about being banned from visiting the nursing home Zahav of Des Plaines.

The case is a complicated one, with questions of why the facility banned a loved one from visiting in the first place. Castleberry maintained all she did was voice her concerns about the care her sister was receiving — and then she ended up getting banned from visiting.

“You know, she made me a better me,” Castleberry said.

Castleberry considered her little sister her best friend. Now, a few photos from Garner’s funeral program and a bracelet wearing “sister” are all she has left.

“I laid her to rest with this one of these bracelets,” Castleberry said.

When Garner suffered a series of strokes in 2023 that left her nonverbal, Castleberry helped get her into a nursing home — Zahav of Des Plaines. But within the first few visits, she noticed that her sister’s sores and wounds were getting worse.

She took pictures that are too graphic to show on television. In addition to the sores and wounds, the pictures also show her sister soiled and covered in vomit.

“It most definitely took an emotional toll,” Castleberry said. “I’d like answers as to why this was allowed to happen to my sister.”

Castleberry visited frequently, and admits she was very vocal about her concerns. But she maintains she was never threatening or violent.

Then one day, Castleberry was told she was banned.

“They would not allow me in the facility to see my sister at all — and they had no, it was no documentation why. I was getting different stories as to why,” Castleberry said. “They punished her. And again, what did she do to be punished?”

CBS News Chicago asked Zahav’s attorneys to help us understand why Castleberry was barred from seeing her sister, but they refused to comment.

Meanwhile, Castleberry started reaching out to anyone possible for help — including the courts.

A judge in Will County ordered that Castleberry should be allowed to visit her sister. But then a state judge said the opposite.

In September, a guardian ad litem who prepared a report on Castleberry’s case wrote: “Quite honestly, the treatment I have seen portrayed in photographs and video today are criminal. The staff at Zahav should be ashamed.”

Castleberry also reached out to the long-term care Ombudsman for the State of Illinois.

A representative of that office wrote to Castleberry, “I cannot imagine your frustration — I did view the photos and I am outraged for your sister.”

“Residents have the right to see whomever they want to whenever they want to,” said Illinois State Long-Term Ombudsman Kelly Richards, “and if you’re denying them that right, that is a problem.”

Richards couldn’t comment specifically on Castleberry’s case. But she explained that while her office advocates for patients like Garner, it also can’t force a nursing home to open its doors.

Her office does, however, try to find workarounds like FaceTime or video calls — in what amounts to a compromise between the two parties.

“It’s not black and white,” Richards said.

After months of fighting to see her sister, Castleberry finally got a call in January that she could come to the nursing home. But it wasn’t to visit her sister.

Her sister was dead.

“When my sister died, I had a got the call that morning to say, ‘Hey, you can come and get the body?'” Castleberry said.

Castleberry is not the only one with complaints against this Zahav of Des Plaines.

Illinois Department of Public Health records show that Zahav of Des Plaines has been investigated and cited for at least eight serious violations since October of 2023 — totaling $250,000 in fines.

Zahav also has one star on the Medicare.gov website, which shows the facility has had more health citations than the state and national average.

“No, I can’t bring my sister back. But I can most definitely say, ‘Hey, awareness, you know accountability,'” Castleberry said. “I have a hundred emails begging and pleading for someone to help my sister. And the call wasn’t answered, and I like to know why.”

Jake Bogoff, chief executive officer of Zahav Healthcare Consulting, released this statement on behalf of Zahav of Des Plaines:

“Zahav of Des Plaines takes the trust of those we serve very seriously and remains committed to protecting the health and well-being of our residents. Everything we do is centered on improving our residents’ quality of life. An important part of the process has been transparent dialogue and full cooperation with our partners at the local, state, and federal regulatory agencies to investigate any and all concerns or complaints. Zahav of Des Plaines takes very seriously any circumstance where there may be a complaint, and we work to resolve issues immediately, directly with residents and their families, and while following State and Federal regulatory procedures specific to licensed Long Term Care Facilities. When a regulatory inspection might take place, reports are publicly available, and we are proud of the consistently positive performance of our staff. Further, Zahav of Des Plaines does not take lightly any imposition of resident visitor restrictions but, when, necessary, does so to best protect the health and well-being of residents and staff and does so only in accordance with those administrative regulations set forth by the Department of Public Health and CMS, its regulating bodies. At no point in time has Zahav been cited by IDPH or CMS concerning visitor restrictions in place—similarly, no visitor restrictions put in place by Zahav of Des Plaines have ever been found to be inconsistent with the relevant codes and regulations by any of its governing regulatory agencies.

“Earning the trust of those we serve and care for is what drives us, and everything we do is centered on improving our residents’ safety and quality of life. Zahav of Des Plaines is extremely proud of our many caregivers who consistently go above and beyond to care for those who depend on us.”

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