Wrongful Death
Resident died from sepsis caused by decubitus ulcers
| (P) $2,000,000.00 | |
| Survivorship Action, Wrongful Death - Survival Damages, Elder Law - California Elder Abuse Act | |
| Mary Kathleen Adams, by and through her Successor in Interest, Janice Borkovetz, and Janice Borkovetz and Wendell Adams, Individually, v. Sunrise Senior Living Services, Inc., doing business as Villa Valencia Healthcare Center, Sunrise Senior Living Management, Inc., and Sunrise Senior Living, Inc., No. 05CC13119 | |
| Superior Court of Orange County, Santa Ana, CA | |
| Kazuharu Makino |
|
| 05-15-2008 |
- Kenneth L. Connor; Wilkes & McHugh, P.A.; Leesburg, VA, for Mary Kathleen Adams
- Kimberly A. Valentine; Barbaro & Valentine, LLP; Santa Ana, CA, for Mary Kathleen Adams
- Gail King R.N.; Nursing; Marco Island, FL called by: Kimberly Valentine, Kenneth Connor
- Loren Lipson M.D.; Geriatrics; Pasadena, CA called by: Kimberly Valentine, Kenneth Connor
- Patrick Joseph M.D.; Infectious Diseases; San Ramon, CA called by: Kimberly Valentine, Kenneth Connor
- Victoria Fierro; Accounting (Forensic); Tallahassee, FL called by: Kimberly Valentine, Kenneth Connor
- Alexandra V. Atencio; Hanson Bridgett, LLP; San Francisco, CA, for Sunrise Senior Living Management, Inc., Sunrise Senior Living Services, Inc., Sunrise Senior Living, Inc.
- Glenda M. Zarbock; Hanson Bridgett, LLP; San Francisco, CA, for Sunrise Senior Living Services, Inc., Sunrise Senior Living Management, Inc., Sunrise Senior Living, Inc.
- James A. Napoli; Hanson Bridgett, LLP; San Francisco, CA, for Sunrise Senior Living Services, Inc., Sunrise Senior Living Management, Inc., Sunrise Senior Living, Inc.
- Elizabeth Landsverk M.D.; Geriatrics; Burlingame, CA called by: James Napoli, Glenda Zarbock, Alexandra Atencio
- Suzanne Arragg R.N.; Nursing; Ventura, CA called by: James Napoli, Glenda Zarbock, Alexandra Atencio
On Dec. 18, 2004, Adams fractured her tibia/fibula at home and was hospitalized. She subsequently underwent physical therapy at Villa Valencia while she was a resident. From Dec. 21, 2004, through Feb. 27, 2005, she sustained several injuries, including multiple falls, multiple skin tears to the legs and arms, and Stage IV decubitus ulcers to both heels. She died of sepsis after the ulcers developed and served as a portal for the entry of infection.
Adams' family sued Sunrise Senior Living, Inc. and its various operating subsidiaries, which owned, operated and managed Villa Valencia Healthcare Center, claiming that Adams was neglected, resulting in her injuries and wrongful death. Plaintiff's counsel alleged that the various defendant corporations were a joint venture, and that the corporate defendants in Virginia were remotely operating the facility. Counsel argued that the defendants knew that their "profits over people" business model would result and did result in understaffing and the subsequent neglect of patients, including Adams. Evidence presented during the course of trial demonstrated that at various periods of Adams's residency at Villa Valencia, the facility was operating without an administrator and a director of nursing; that it didn't have policies and procedures available for care staff; and that it understaffed the facility.
Defense counsel argued that Adams was not neglected and/or abused, and that her death was the result of her numerous preexisting health conditions in conjunction with dehydration caused by opiate withdrawal during her hospice admission following discharge from Villa Valencia.
Adams' family asked the jury for between $1 million and $5 million for compensatory damages. Adams was survived by two adult children.
Defense counsel reported that the verdict amount will be reduced to $1.25 million per a statutory cap on damages.
Mary Kathleen Adams
$1,000,000 Personal Injury: pre-death pain and suffering under the Elder Abuse Act
$1,000,000 Personal Injury: punitive damages
This report is based on information that was provided by plaintiff's and defense counsel.
