Facts

On March 8, 2020, 96-year-old Audelia Velasquez was admitted into Montebello Care Center, owned and operated by Genesis Healthcare, for rehabilitative care. Ms. Velasquez had a history of dementia, was bedbound, and assessed with a deep tissue injury (DTI) on her coccyx. A care plan was developed on March 8, 2020 instructing staff that she be turned and repositioned every two hours. Her physician, Dr. Khalid Nur, on March 9, 2020, ordered that she be seen by a wound consult.

Plaintiff contends that from March 8, 2020 through March 29, 2020, there is no documentation showing Ms. Velasquez was turned and repositioned at all and confirmed by the Director of Nursing and Nurse Supervisor in deposition. There is further no documentation regarding the status of her coccyx DTI. Defendants delayed in having a wound consult see Ms. Velasquez until March 26, 2020, at which point the coccyx DTI was now a Stage 4 with necrosis measuring 4.0x3.0x0.7.

As a result of the Stage 4 coccyx pressure ulcer, Ms. Velasquez had to be placed with a Foley catheter for wound care management, placing her at risk for recurring urinary tract infections. Ms. Velasquez was discharged from Montebello Care Center to her home on May 13, 2020 with the Foley catheter. From May 13, 2020 up to her death on October 2, 2020, Ms. Velasquez had at least five urinary tract infections. Dr. Nur and Dr. Bain testified that to a reasonable degree of medical probability, Ms. Velasquez died from a urinary tract infection, necessitated by the Foley catheter for management of her coccyx pressure ulcer.

Both Drrs. Bain and Nur both testified to reasonable degree of medical probability, had Ms. Velasquez been turned and repositioned every 2 hours, the DTI would have healed itself.

PLAINTIFF'S CONTENTIONS: Plaintiff contends that Defendants knew Ms. Velasquez was at high risk for skin breakdown knowing she was admitted with an existing deep tissue injury (DTI). Defendant had a care plan to turn and reposition her every two hours. There was no documented evidence at all that she was turned and repositioned from March 8, 2020-March 29, 2020, at which point the DTI is now a Stage 4 (down to the bone).

DEFENDANT'S CONTENTIONS: Defendants contends that Ms. Velasquez was at end of life. She was admitted into Defendant's facility with a DTI and they don't know the extent of the tissue damage underneath the skin until the DTI opens up.

Insurer

Self-Insured

Settlement Discussions

Plaintiff made a demand for $1,250,000. Trial was set for November 7, 2022. After all expert depositions were completed, the case settled for $970,000, one week before trial, paid by Genesis Administrative Services, LLC.

Specials in Evidence

Meds: $31,209

Injuries

Stage 4 pressure injury on her coccyx and death

Result

The case settled for $970,000