Maryland Nursing Home Lawyer Blog
In recent nursing home abuse news, our Maryland-based Attorneys have been following the case announced last week, where the family of a nursing home resident who sued Fillmore Convalescent Center for elder abuse and was awarded $7.75 million in monetary damages.
According to the lawsuit, in 2006, the family of Maria Arellano, a 71-year-old resident and stroke victim, noticed substantial bruising on Arellano. The family complained to the management at the center, but they did not investigate the bruises. The family then placed a video camera that was hidden to the center and staff—to find out what was happening to the resident in the room.
The camera allegedly caught Monica Garcia, a worker at the center, engaging in nursing home abuse, by pulling Arellano’s hair, forcefully bending her neck, wrists and fingers, slapping her, and using violent behavior while bathing her.
After the 22 day trial, Garcia received a criminal charge, and reportedly pleaded no contest to simple battery. The verdict from the trial splits the liability between the three defendants—20 percent to Garcia, 40 percent to the center, and 40 percent to the owner of the center.
Ventura County, Inc.’s Long Term Care Services Ombudsman Program, stated that although this is a sad judgment, it does not entirely or necessarily reflect the facility entirely. A few weeks ago Fillmore Convalescent received a five-star rating—the highest rating possible—from the Center for Medicare and Medicaid Services’ Nursing Home Compare System.
Arellano still remains a resident at the center, despite the events and outcome of the lawsuit. The family was awarded $7.75 million—$2.75 in actual damages, and $5 million in punitive damages.
Our Maryland Nursing Home Abuse and Neglect Lawyers represent victims and their families that wish to recover personal injury compensation from a nursing home who unlawfully abused or caused harm to an elderly or sick person during their stay at an assisted living facility. Contact us today for a free consultation.
$7.75 Million Awarded in Abuse Case, The Venture County Star, December 11, 2009
Related Web Resources:
U.S. Department of Health and Human Services- Substance Abuse and Mental Health Services Administration, (SAMHSA): National Mental Health Information Center
Centers for Medicare and Medicaid Services, (CMS): Nursing Home Five Star Quality Rating System