$5.5 Million Verdict for an elderly Los Angeles nursing home resident

The Maher Law Firm, P.A., obtained a $5,530,809.44 verdict for an elderly resident of a Los Angeles, California nursing home who died after receiving medication to which she was allergic. Helen Rodriguez, 84, was admitted to Emmanuel Health Care Center on September 26, 2006. Ms. Rodriguez’ admission records show that she was allergic to Levaquin. In the first twenty four hours of her admission to Emmanuel Health Care, there were 22 warnings in various parts of her chart that she was allergic to Levaquin. Four days into her stay at the nursing home, the nursing home staff called a doctor and obtained a telephone order for Levaquin. At the time of the telephone order, the nursing home staff failed to inform the doctor of Ms. Rodriguez’ allergy to Levaquin. The nursing home staff wrote the telephone order for Levaquin on the same medication sheet in Ms. Rodriguez’ chart that stated she was allergic to Levaquin. The staff gave Ms. Rodriguez a dose of Levaquin at 9:30 p.m. on September 30, 2006. By 10:45 p.m., Ms. Rodriguez stopped breathing, and she was non-responsive. Paramedics took Ms. Rodriguez to the hospital where she died three days later. Ms. Rodriguez and her daughter sued the owner of the nursing home, Emmanuel I. Bernabe, for failing to properly train the nursing home staff and for under funding and under staffing the nursing home, which failures caused Ms. Rodriguez to receive medication to which she was allergic. Mr. Bernabe’s nursing home had previously received deficiency notifications from the California Department of Health Services for being under staffed and for improperly disbursing medications. Mr. Bernabe failed to correct these deficiencies at his nursing home, thereby causing the abuse, neglect, and death of Ms. Rodriguez. On May 15, 2008, a verdict was rendered in favor of Ms. Rodriguez and her surviving daughter for $5,530,809.44.

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What are warning signs of nursing home abuse or neglect?

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Nursing Home Abuse and Assisted Living Negligence

Difficult to detect and even harder to fathom is the widespread abuse and neglect of elderly and disabled residents of nursing homes and assisted living facilities. Sadly, it is sometimes the very people we entrust with the care of our elderly relatives and physically or psychologically impaired loved ones who are hurting them. Fueled by persistent cost-cutting efforts at the facilities, which leads to inadequate staffing, low-waged and minimally qualified caregivers, and high turnover, this has become a nationwide tragedy.
 
Experience shows that the majority of elderly or disabled victims are unlikely to complain due to their disability or fear of losing the little care they are receiving. Therefore, it is important that those who care about them recognize the warning signs of abuse or neglect, including:
  • Bedsores
  • Bruises, burns, cuts, fractures, or sprains
  • Pressure sores
  • Malnutrition
  • Dehydration
  • Persistent overmedication
  • Unexplained injury or death
  • Sudden weight loss
  • Sudden behavioral change
  • Restraints
  • Staff inattention
  • Unexplained venereal disease
  • Vaginal or anal bleeding
  • Torn, stained, or bloodied underclothing or bedding
  • Staff refusal or delaying of visitors
  • Loss of possessions
  • Unexplained withdrawals from bank accounts
  • Sudden changes to a will
Led by partner Steven R. Maher, our nursing home negligence teams in Florida, Pennsylvania, California, and Arizona have successfully represented victims and families with their personal injury or wrongful death claims. Assisted by skilled private investigators, the team carefully assesses each of the many complaints of abuse, neglect, and exploitation that our firm receives and determines the best approach to help them receive just compensation. We follow our initial evaluation with aggressive and thorough investigation that uncovers the nature and extent of abuse or neglect.
 
Recently, The Maher Law Firm helped a 35-year-old disabled man recover a $4.5 million settlement—believed to be the highest nursing home abuse settlement in the state of California. We also assisted the family of an 82-year-old nursing home resident who was so neglected that she had five separate body lice infestations and bedsores so severely infected that both of her legs required amputation. We reached a significant confidential settlement on their behalf.
 
If there are any warning signs or indicators that your elderly or disabled loved one is or has been a victim of abuse or negligence as a resident of a nursing home or assisted living facility, contact The Maher Law Firm immediately. We want to help put an end to the abuse or neglect and hold the facility and staff accountable.