Facts

Plaintiff Elena Ruiz-Diaz was an 87-year old resident of a care facility, Laguna Honda Hospital and Rehabilitation Center, owned and operated by defendants, the City and County of San Francisco. She was nonverbal and had several diagnoses which required attention including frontotemporal dementia. On June 29, 2019, Plaintiff's daughter received a phone call informing her that her mother's unit was understaffed. When Plaintiff stood from her bed, no one was there to assist her and she fell. The fall required surgery. Before June 2019, when she fell at the care facility, she could walk with the assistance of a front-wheel walker. After the fall, Plaintiff required assistance in all her daily activities including mobility, ambulation, turning and repositioning and needed a lift for transfers. Defendants were aware of Plaintiff's condition and her subsequent medical needs, care, and supervision. Thereafter, Plaintiff's daughter requested that additional aid and interventions be enacted to prevent further falls. On July 12, 2019, the California Department of Public Health investigated prior claims against the care facility and found multiple deficiencies and regulatory violations. The facility told the Department that it had corrected any deficiencies but a follow-up survey showed that they were still not in substantial compliance. As a result of their noncompliance, the Center for Medicare & Medicaid Services fined them $1,051,440. Besides these and other citations, Defendants had been subject to at least two claims or lawsuits due to inadequate resident care and supervision. On August 3, 2019, Plaintiff alleged she used the call button to request for help but fell again after an assistant left the room. Due to the series of falls, Plaintiff was bed bound and required turning and repositioning every two hours, timely incontinence care and other services that would prevent skin breakdown. By January 2020, Plaintiff alleged she developed a pressure ulcer with yellowish slough. Further, she alleged that Defendants' staff also neglected Plaintiff's hygiene needs and her dentures were often full of food. Also, Plaintiff's daughter was informed that bandages were changed only every 15 days and clothes brought to Plaintiff went missing while Plaintiff often wore old, ripped clothes or a medical gown.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Defendants are vicariously liable for acts of their employees and alleged medical negligence, elder neglect and abuse, violations of the Patient's Bill of Rights and negligent infliction of emotional distress.

DEFENDANT'S CONTENTIONS: Defendant denied all allegations and asserted affirmative defenses including contributory negligence, estoppel, unclean hands, and failure to mitigate damages.

Injuries

Plaintiff suffered from several injuries including a left hip fracture, right hip partial hip arthroplasty, urosepsis, pneumonia, severe osteopenia in the sacrum coccys and Stage III pressure ulcer on scrum.

Result

The City of San Francisco settled all claims for $600,000.