Facts

Olivia Deloney, 88, went to live at the Point at Rockridge, a 196-bed licensed residential care facility in Oakland, after she developed short-term memory problems that made it unsafe for her to continue to live at home with her daughter. She lived within the memory care unit of the Point. Things went uneventfully for Olivia until a 67-year old man, I.N., who had early onset Alzheimers disease was admitted to the Point.

PLAINTIFF'S CONTENTIONS: On Sept. 8, 2015, I.N. stalked Olivia in the unit, with no staff intervening, and then knocked her to the ground as she tried to get away from him, breaking her hip. The staff called for an ambulance, but did not separate the man from Olivia. As the paramedics were tending to Olivia, the man tried to kick Oliv-ia in the head, and paramedics had to caution the staff to keep him away.

In the lawsuit, plaintiff claimed I.N. should not have been admitted to the Point Memory Care Unit because he was aggressive and physically violent. Because he was younger, strong and mobile, he could do serious in-jury to the frail elderly residents. After defendants admitted I.N., he continually engaged in behavior where he threatened and hit, pushed and shoved staff.

Olivia was admitted to the hospital for hip repair surgery, and then returned to the Point after the Executive Director told the daughter they had no idea the man would do something like this and that he had been re-moved from the facility. Olivia was now unsteady on her feet, and disoriented, but the staff was not advised to take precautions to prevent another fall. The second night back at the Point, she got out of bed after being left unattended in her room, and fell and broke the same hip. Olivia had been conver-sant and ambulatory prior to the assault. After the second surgery, she quickly became bed bound, despondent, and stopped eating. She died two months later.

I.N.'s file at the Point showed no documented behavioral issues on admission or afterwards. However, prior to admitting the 67-year old man to the dementia unit, defendants had been informed by the man’s wife about the man’s history of physical aggression, such as pushing, shoving, kicking, which disqualified him from admission under The Point’s own admission policies. At the time he was admitted, plaintiffs' alleged in their suit, The Point at Rockridge was having a problem filling its beds, and they charged the man’s wife nearly twice what Olivia Deloney was paying, but did not hire additional staff to supervise him.

Plaintiffs claimed The Point didn't otherwise document or report any aggressive incidents to licensing in a deliberate cover up that left no paper trail of the incidents in case the State agency that licensed the Point investigated or the man injured another resident. Text messages between the I.N.’s wife and the Memory Care Director created a paper trial of some of the prior incidents where the man chased the caregivers.

DEFENDANTS' CONTENTIONS: Defendants contended that they had no knowledge that I.N. posed a danger during or prior to his admission and that Olivia Deloney died as a result of the natural progression of dementia.

Specials in Evidence

Kaiser asserted a lien for the costs of treatment of the broken hip.

Damages

Compensatory and past medical specials.

Injuries

Physical traumatic injuries, including broken hip, leading to death.

Result

Without admitting liability, defendants agreed to pay a $1.9 million settlement.