Sam Rios, Jr., et al. v. Pine Creek Care Center, et al.
Published: Mar. 17, 2023 | Result Date: Jan. 25, 2023 | Filing Date: Nov. 9, 2018 |Case number: 34-2018-00244263 Verdict – $30,900,000
Judge
Court
Sacramento County Superior Court
Attorneys
Plaintiff
Edward P. Dudensing
(The Law Office of Edward P. Dudensing)
Jay P. Renneisen
(Nursing Home & Elder Abuse Law Center)
Andrew J. Collins
(The Law Office of Andrew J. Collins)
Defendant
Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)
Dawn Phleger
(Wilson Getty LLP)
Mark A. Ginella
(Wilson Getty LLP)
Experts
Plaintiff
Kathryn Locatell M.D.
(Geriatrics)
Christopher Stephenson M.D.
(Physical Medicine and Rehabilitation)
S. Kwon Lee M.D
(Pressure Wound Prevention, Causation and Treatment )
Mary Louise Fleming RN, PhD
(Skilled Nursing and Long Term Care Facility Staffing)
Robert F. McLaughlin
(Publicly available financial and other data for long-term care facilities)
Ronald Pomares C.P.A.
(Accounting)
Defendant
Karen Josephson
(Geriatrics)
David M. Young
(Pressure Wound Causation and Treatment )
Heidi Capela R.N.
(Nursing Standard of Care)
John Bowblis PhD
(Publicly available financial and other data for long-term care facilities)
Michael Lesnick
(Publicly available financial and other data for long-term care facilities)
David M. Oatway
(Publicly available financial and other data for long-term care facilities)
Facts
Sam Rios, Jr., 86, was a patient for two weeks in April 2017 at the skilled nursing facility known as Pine Creek Care Center in Roseville. Sam's widow and his eight children filed suit against the facility and its corporate overseers alleging claims for elder abuse and neglect, constructive fraud, violation of patient's rights and wrongful death based on pressure sores that were discovered after Rios discharged from the facility.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that Sam was severely neglected during his two weeks as a patient at defendants' skilled nursing, Pine Creek Care Center. As a result, Sam developed two unstageable heel pressure sores, one of which was discovered to be a "to-the-bone" Stage IV pressure sore that he had to live with until he died in March 2018. Plaintiffs contended the main reason for the extreme failures in the care of Sam was understaffing at the facility by its owners and corporate overseers, Plum Healthcare Group, LLC and Bay Bridge Capital Partners, LLC. Plaintiffs further maintained the understaffing was the result of financial pressure by private equity company GI Partners, LLC, in San Francisco, which was the largest owner of the Plum nursing home chain at the time.
DEFENDANT'S CONTENTIONS: Defendants denied all plaintiffs' contentions as to liability and causation.
Settlement Discussions
Defendants made a pre-trial CCP section 998 offer of $1,079,999 for all claims.
Specials in Evidence
Meds: $212,802
Injuries
Sam suffered pressure ulcers to right and left heels and death.
Result
Jury verdict of $30,900,000. Verdict in favor of plaintiffs on all claims.
Other Information
The jury found the corporate overseers, Plum Healthcare Group, LLC and Bay Bridge Capital Partners, LLC, directly liable for the full amount of the verdict as well as under theories of aider and abettor and co-conspirator liability. Joint and several liability for $30,900,000 as to defendants Daisy Holdings, LLC dba Pine Creek Care Center, Plum Healthcare Group, LLC, Bay Bridge Capital Partners, LLC and New Sisu Holdco, LLC. Plaintiffs will be filing a post trial motion for attorneys fees pursuant to California's Elder Abuse Act. The trial judge has not yet ruled on alter ego liability claims against all defendants, including defendants Flower Farm Group, LLC, OpCo Holdings, LLC and California Opco, LLC which were not included for the jury's determination.
Deliberation
2.5 days for liability phase and 1.5 hours for punitive damages phase
Length
10 weeks
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