An alleged whistleblower who reported she was fired from a nursing home after being instructed to “keep your mouth shut” about a resident’s death has dropped her lawsuit.
Tylene Schultz had sued the Fonda Specialty Care nursing home, its parent company, Care Initiatives, and licensed practical nurse Becky Manning in Pocahontas County District Court. In April 2025, the portion of the lawsuit dealing with Manning was dismissed. Recently, Schultz’s attorney, Molly Hamilton, filed papers with the court dismissing the remainder of the lawsuit.
Hamilton said Tuesday the lawsuit was dismissed due to a recent agreement between the parties that includes a confidentiality provision. The case had been scheduled to go to trial in August 2026.
In her lawsuit, Schultz had alleged that in the summer of 2022, she was hired at Fonda Specialty Care by its then-administrator, Jennifer Blair, to work in the home as a certified nursing assistant. On Feb. 18, 2023, according to the lawsuit, the home scheduled a temp-agency nurse, Manning, to work the overnight shift due to a shortage of staff nurses. During the shift, a resident with a tracheostomy died about 2:25 a.m., the lawsuit claims.
State records indicate the resident who died was 87-year-old Marvin “Pete” Jacobs, who had undergone a tracheostomy and needed regular suctioning of his airway. The lawsuit alleged Jacobs died because throughout the shift, Manning refused to numerous requests to suction Jacobs’ airway.
“Despite multiple requests by Schultz to suction the resident — over 10 times, from 6 p.m. on Feb.18, 2023, to 2:25 a.m., Feb.19, 2023 — Manning would not suction the resident, nor did she attempt to use the suction machine,” the lawsuit claims.
Schultz alleged she tried to call “supervisory level staff” who worked for the home, but none of the individuals answered the calls. She also alleged she asked that someone call 911, but Manning told her no physician was available at that hour to provide an order for a hospital evaluation.
In her lawsuit, Schultz alleged she and another CNA remained with Jacobs as he “pointed to his neck, coughed, gagged, struggled to breathe, and turned colors from the lack of oxygen, until he finally passed away.”
According to the lawsuit, after Schultz left the home at the end of her shift, Blair told her, “Keep your mouth shut and keep your opinions to yourself,” along with instructions that she should not communicate with Jacobs’ family.
Later that day, Schultz was summoned to a meeting with Blair at Fonda Specialty Care. During the meeting, the lawsuit claims, Blair — who was allegedly was aware Schultz planned to call state regulators and report her concerns with Jacobs’ care — informed Schultz she was being fired due to “resident complaints.”
In her lawsuit, Schultz alleged she was “fired for making a complaint to the ombudsman and the Iowa Department of Inspection of Appeals due to the suspected abuse and/or neglect of the resident … and not based on any resident complaints.”
The state subsequently cited Fonda Specialty Care for “failing to ensure that a resident who needs respiratory care, including tracheostomy care and tracheal suctioning, is provided such care,” and fined the home $10,000. The penalty was then reduced 35%, to $6,500, due to the lack of an appeal in the case.
Manning was criminally charged with felony wanton neglect of a resident of a health care facility and later pleaded guilty to misdemeanor wanton neglect. Manning also entered into an agreement with the Iowa Board of Nursing in which she agreed to indefinitely suspend her practice of nursing.
