Facts

Plaintiff Omar Abdullah was a 37-year old resident of a care facility (defendant Laguna Honda Hospital and Rehabilitation Center) owned and operated by defendants, the City and County of San Francisco. Abdullah was admitted to the facility with a diagnoses that included anoxic encephalopathy that results in cognitive impairment; specifically, plaintiff has the mental capacity of a seven-year old. He also uses a wheelchair and is nonamulatory. As such, he is dependent on the staff for assistance in activities of daily living including walking, using the toilet, hygiene, grooming, and medication administration. On June 28, 2019, the California Department of Public Health (DPH) alleged that 23 patients at Laguna Honda were victims of systemic abuse including physical and verbal abuse, violations of privacy, chemical restraint and other wrongful conduct in the hands of six employees. The allegations stated that the abusers took photos and videos of themselves engaging in the abuse, including having sexualized conversations with patients and physically abusing patients, which were exchanged over text messages. Plaintiff's father, Akbar Abdullah, received a call from defendant's Director of Nursing, who explained that plaintiff was one of the residents who had been abused and neglected and that there was video and photographic evidence documenting the abuse and neglect of plaintiff. However, plaintiff's father was not provided specific information about the nature of the abuse at that time. When DPH completed their investigation, the facility did not inform plaintiff's family of the findings. Instead, plaintiff's family discovered the information of his abuse through their own research. Specific to plaintiff, plaintiff was kicked by a staff member, and was photographed and videotaped nonconsensually with those photographs and videos being shared through personal cell phone text messages to other staff members. The photographs included plaintiff laying on his side on the floor near the nurses' station wearing an open gown and adult diaper and a video that showed plaintiff being kicked by a staff member on the back.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants were vicariously liable for the acts of their employees and alleged negligence, dependent adult neglect/abuse, violations of the Patient's Bill of Rights, assault, battery and violation of privacy.

DEFENDANT'S CONTENTIONS: Defendant denied all allegations and asserted affirmative defenses including, but not limited to, contributory negligence estoppel, unclean hands and failure to mitigate damages.

Result

Plaintiff's claims were settled for $800,000.