Facts

In the two months Barbara Mukasa was at Park View Estates from Aug. 1, 2021-Oct. 2, 2021, she fell four times, sustained multiple fractures to her right superior pubic ramus, a worsening compression fracture of T-11, a subgaleal hematoma (closed head injury). On Sept. 30, 2021 she was physically assaulted/abused by an agency staff hired by Park View Estates, which was caught on video. Since her major fall on Sept. 24, 2021 and the physical assault on Sept. 29, 2021, Mukasa never walked again.

Park View accepted Mukasa knowing she was a high fall risk, knowing she had dementia. They knew she required a one-person assist for transfers for her safety. But Park View Estates had nothing in place for residents to communicate with their staff if they needed assistance in their room.
The main fall intervention at Park View Estates were motion sensors in the resident's rooms, which would alert the staff if residents attempted to get out of bed. Park View Estates' policy is that any time there is sensor movement, staff is required to check on the residents within minutes.

While at Park View Estates, Mukasa had at least four falls: Aug. 1, Aug. 19, Sept. 24, and Sept. 30, 2021. The motion sensors were not activated on any of the falls.

The California Department of Social Services conducted an investigation and issued four Type A Citations against Park View Estates for violating Mukasa's Personal Rights under 22 Cal. Code Reg. § 87468.1(a)(1) when the agency caregiver was seen on video yanking Mukasa's arms and shoulder when trying to get her out of bed, and in violation of 22 Cal. Code Reg. § 87465(a)(2) in failing to transfer her to the hospital after she was observed continuously yelling in pain while being assisted by the agency caregiver on Sept. 30, 2021.

Mukasa brought suit against Park View.

DEFENDANT'S CONTENTIONS: Defendant claimed that plaintiff did not sustain fractures from any falls at defendant's facility or the abusive event on Sept. 30, 2021. Plaintiff's pelvic fracture was pre-existing prior to her admission into Park View Estates, and her physical and mental decline following the event was due to the natural progression of her dementia.

Specials in Evidence

Meds: $102,646

Damages

Non-Economic Damages award $1.5 million

Injuries

Fractures to her right superior pubic ramus, a worsening compression fracture of T-11, a subgaleal hematoma (closed head injury), and injury to her conus medullaris.

Result

Plaintiff was awarded $2,397,961 (non-economic damages $1.5 million; economic damages $102,646; attorney fees $757,583; costs $37,733).

Length

six days