Facts

Valerie Monschke, as Personal Representative for the Estate of Marjorie Fitzpatrick, sued Timber Ridge Assisted Living of McKinleyville LLC and Western Living Concepts Inc., involving allegations of elder abuse.

PLAINTIFF'S CONTENTIONS:
Marjorie Fitzpatrick was 90, and suffered from dementia. She was a resident in the dementia unit of Timber Ridge. She would occasionally suffer from anxiety for which she was prescribed medication. On Sept. 28, 2013, she became extremely anxious and made several attempts to exit the facility. She was not provided her anti-anxiety medication and escaped through a locked and alarmed door into an interior courtyard. No one timely responded to the alarm and no one knew she was outside. She fell and was outside for nearly an hour before she was discovered.

As a result of the fall she sustained numerous facial fractures, a broken wrist and a subdural hematoma. She passed away from her injuries two weeks later. An elder abuse action was brought on behalf of the estate for her injuries and as a wrongful death action on behalf of her three daughters. Plaintiff sued the facility and its managing agent, Western Living Concepts Inc. Defendants sought to compel arbitration and its motion was denied. They appealed that decision and the appeal was denied in Monchke v. Timber Ridge Assisted Living LLC. (2016) 244 Cal App 4th 583.

Plaintiff contended that defendants should not have admitted decedent in the first place because it was not equipped to care for her. Plaintiff also contended that the staff failed to meet minimum state training requirements and violated state law regarding the provision of medication. Plaintiff also claimed that the defendants had destroyed a video showing the fall and events leading up to it, destroyed multiple eyewitness reports and other documents, which would have shown prior falls and escapes by the deceased.

DEFENDANTS' CONTENTIONS:
Defendants accused Fitzpatrick's daughters of being negligent, for failing to inform them about Fitzpatrick's prior falls. Defendants also denied that Fitzpatrick was actually anxious on the date of her fall and denied she needed any anti-anxiety medication. Defendants contended that its alleged failure to prevent medication that Fitzpatrick did not need did not contribute to her escape and her fall. Overall, defendants maintained that it met the standard of care.

Settlement Discussions

Plaintiff's demanded $1 million, which represented defendants' insurance policy limits. Defendants' offered $25,000.

Damages

Fitzpatrick's surviving daughters sought damages from their mother's wrongful death.

Injuries

Fitzpatrick fractured her face and right wrist. She also suffered from bleeding in her brain and ultimately died from her injuries.

Result

The jury found in favor of the estate and awarded the estate $5 million, including $2.5 million in punitive damages, $2.1 million in wrongful death damages and $400,000 for elder abuse, which was reduced to $250,000 pursuant to statute.

Other Information

Plaintiff will be moving for prejudgment interest and attorney fees pursuant to Welfare and Institutions Code Sect. 15657.

Length

3.5 weeks