At the end of a four-month trial, an Almeida County jury found Thursday that Park View Healthcare Center had committed “fraud in the plaintiff’s commission,” according to Susan Kang Gordon, counsel for 10 plaintiffs in the nursing home. Residents and relatives of deceased patients – who received ڈالر 9.6 million in punitive damages from the center and its parent company, Mariner Healthcare. The other lawyers were Jennifer Faure and Judy Moore.
Earlier in the trial, the jury awarded the plaintiff “3.9 million in” pre-death pain and suffering “as well as compensation for all lawyers’ costs and fees, Kang Gordon said.
“I think it sends a strong message,” he said.
Dean Kramer, a spokesman for Mariner Health, said: “Companies are reviewing their options, including the penalty damages and appealing to one of the most unusual elements of this case: the court’s decision disqualified ten plaintiffs. To join a lawsuit with claims. ” Care: “As today’s decision shows, this decision had a big impact on the jurors, which caused companies to suffer severe bias.”
The detailed issues of the case they face began before the collapse of the nursing home of Covid 19 but was exacerbated by epidemics. Documentary last year.
According to lawsuits and interviews with patients’ families, the root of the problem was a permanent staff shortage.
Lack of proper staff leaves patients without proper care or bathing. According to the relatives of the patients, clothes, towels and diapers were constantly in short supply due to which the residents were sitting in the dirt.
In 2018, at least four patients were sexually or physically assaulted by another resident who was allowed to roam freely around the facility. Patients screamed for help, sometimes for more than half an hour when they were attacked. One resident repeatedly pressed his call button to the bed – but no one came.
Several patients at the facility suffered from itching and the spread of head lice. Some people were injured when they were left unattended, such as a man who fell while trying to get into his wheelchair. The suit claims that the wheelchair brakes were not applied, and he broke his hip and fell, causing a respiratory infection. He later died of various complications.
Another resident fell out of a wheelchair in April 2019 while he was not there and suffered traumatic brain injuries. Only when his family found out that he had wounds on his leg and that he had a gangrene infection. According to the lawsuit, he had to have his leg amputated, and he died in August 2019 due to complications from his poor care.
When Covid 19 was affected, it exacerbated the problem of convenience. The family reported that they could not confirm with this facility whether their loved ones had a positive experience. From a distance, he was worried that the short staff facility would not be able to stop the virus from invading.
Eventually, 18 residents died from COVID-19, according to state health department records.
This spring, nearly a year after Park View patients and family members filed their lawsuit, the state. Sued The nursing home’s parent company, Mariner Healthcare Services, accused him of “trading people for profit at every turn”. The case is still pending.
According to a complaint filed by the California Department of Justice and district attorneys in Almeida, Marin, Santa Cruz and Los Angeles counties, Mariner “confiscated the necessary funds for the appropriate staff.”
Prosecutors allege that the low staffing levels at Mariner’s nursing homes have led to inadequate care, leading to unnecessary leg amputations, bone ulcers, infections and unspecified sexual and physical assaults. ۔
The lawsuit also alleges that Mariner was illegally evicting residents without legal assistance in an attempt to vacate beds for new Medicare patients. Mariner also denied information provided to the Center for Medicare and Medicaid Services to increase its rating.
In July 2020, after the news organization reported that six Park View patients had died from COVID-19 and were suing the family over staff issues, state investigators from the Occupational Safety and Health Division The investigation began.
Kyle OSHA fines Park View Healthcare Center “67,500 for” serious “violations: the facility does not exclude patients with Covid 19 nor is it suspected of having skin and Not making sure employees wear masks or know how to wear protective clothing properly. Investigators’ notes
Wendy Hoagle-Louie, Kyle OSHA compliance officer, wrote that the facility did not provide employees with adequate training on infection prevention methods or access to any written procedures on infection control.
Mariner facilities in Northern California – in addition to Park View – Al Madin Health and Rehabilitation Center and Skyline Healthcare Center in San Jose, Creekside Healthcare Center in San Pablo and Well Healthcare Center, Driftwood Healthcare in Hayward and Santa Cruz Center, Raphael Pine Ridge Care Center in San, Fremont Healthcare Center in Fremont, Hayward Hills Healthcare Center and Fruit Well Healthcare Center in Auckland. It has about nine facilities in Southern California.
Fayer said the case highlights the risk of chronic understaffing.
“Judges did not tolerate fraudulent methods through which (nursing home operators) were reporting to staff,” he said.