Confidential Deal Ends Fonda Nursing Home Whistleblower Suit
A whistleblower who claimed she was fired from a Fonda nursing home after reporting the tragic death of an 87-year-old resident has dropped her lawsuit. Tylene Schultz dismissed the legal action against Fonda Specialty Care and its parent company, Care Initiatives, after reaching a confidential agreement. The dismissal ends the legal battle over the 2023 death of Marvin Jacobs, but it leaves the public with few answers regarding institutional accountability and oversight in Iowa care facilities.
What happened to Marvin Jacobs at Fonda Specialty Care?
Schultz, a certified nursing assistant, was hired by then-administrator Jennifer Blair in the summer of 2022. On Feb. 18, 2023, a staffing shortage forced the home to bring in licensed practical nurse Becky Manning, a temp-agency worker, for the overnight shift.
State records show the resident who died was 87-year-old Marvin Jacobs. He had undergone a tracheostomy and required regular suctioning of his airway to breathe properly. According to the lawsuit, Schultz asked Manning to suction Jacobs' airway over 10 times between 6 p.m. on Feb. 18 and 2:25 a.m. on Feb. 19. Manning refused each request and did not attempt to use the suction machine.
Schultz alleged she tried to call supervisory staff, but no one answered. She also asked that someone call 911, but Manning reportedly told her no physician was available at that hour to provide an order for a hospital evaluation.
Schultz and another CNA stayed with Jacobs as he struggled.
He pointed to his neck, coughed, gagged, struggled to breathe, and turned colors from the lack of oxygen, until he finally passed away.
How did the nursing home and state respond?
After Schultz left the home at the end of her shift, Blair told her to stay quiet about the incident.
Keep your mouth shut and keep your opinions to yourself.
Schultz said Blair also instructed her not to communicate with the Jacobs family. Later that day, Blair called Schultz into a meeting and fired her, citing resident complaints. Schultz alleged the real reason was that Blair knew Schultz planned to call state regulators to report her concerns about the neglect.
The Iowa Department of Inspection and Appeals investigated the incident. State inspectors cited Fonda Specialty Care for failing to ensure a resident who needs respiratory care receives it. The facility was hit with a $10,000 fine. However, the state reduced the penalty by 35% to $6,500 because the home did not appeal the decision.
What were the consequences for the nurse involved?
Manning faced serious legal consequences for her role in the incident. Prosecutors originally charged her with felony wanton neglect of a resident of a health care facility. She later pleaded guilty to a reduced charge of misdemeanor wanton neglect.
In addition to the criminal plea, Manning reached an agreement with the Iowa Board of Nursing. She agreed to indefinitely suspend her nursing practice, ensuring she can no longer work in the field.
Why was the lawsuit dropped?
Schultz filed her lawsuit in Pocahontas County District Court against the nursing home, Care Initiatives, and Manning. In April 2025, the court dismissed the portion of the lawsuit dealing with Manning. Recently, Schultz's attorney, Molly Hamilton, filed papers dismissing the remainder of the case.
Hamilton stated the lawsuit was dismissed due to a recent agreement between the parties. That agreement includes a confidentiality provision, which prevents the public from learning the terms of the settlement. The case had been scheduled to go to trial in August 2026.
Frequently Asked Questions About the Fonda Specialty Care Case
Who was the resident who died at Fonda Specialty Care?
The resident was 87-year-old Marvin Jacobs, who required regular suctioning of his tracheostomy airway to survive.
What was the penalty for the Fonda nursing home?
State inspectors fined Fonda Specialty Care $10,000 for failing to provide proper respiratory care. The state reduced the fine to $6,500 because the facility declined to appeal the citation.
Why was the whistleblower fired?
Tylene Schultz claimed the facility fired her for planning to report the suspected neglect of Marvin Jacobs to the Iowa Department of Inspection and Appeals. The facility claimed she was fired due to resident complaints.