Facts

This action was brought on behalf of Mary Kathleen Adams, deceased, by and through her successor in interest, Janice Borkovetz, and Janice Borkovetz and Wendell Adams, individually, the decedent's surviving children. The plaintiffs brought causes of action against defendants including elder abuse, wrongful death, negligence, fraud, and willful misconduct.

Mary Kathleen Adams, at 104 years old, fractured her tibia/fibula at home on Dec. 18, 2004. Following a brief hospital stay, Mary Kathleen Adams was admitted for physical therapy to Villa Valencia Healthcare Center, a skilled nursing facility located in Laguna Hills.

During the course of her approximately eight-week residency at Villa Valencia Healthcare Center, from Dec. 21, 2004, through Feb. 25, 2005, Mary Kathleen Adams allegedly suffered a number of injuries, including multiple falls, multiple skin tears to the legs and arms, as well as Stage IV decubitus ulcers to both heels. Subsequent to the development of the decubitus ulcers, which served as the portal of entry for infection, Mary Kathleen Adams died, allegedly of sepsis, on March 7, 2005.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the decedent was neglected during the course of her residency at Villa Valencia Healthcare Center, resulting in her injuries. The plaintiffs contended that the various defendant corporations were a joint venture and that the corporate defendants in Virginia were remotely operating the facility.

The plaintiffs further contended that defendants knew their "profits over people" business model would result and did result in understaffing and the subsequent neglect of patients, including Mary Kathleen Adams. Evidence presented during the course of trial demonstrated that at various periods of decedent's residency at Villa Valencia, the facility was operating without an administrator and Director of Nursing.

DEFENDANTS' CONTENTIONS:
The defendants' denied all allegations of plaintiffs, contending that decedent was not neglected and/or abused, and that her death was the result of her numerous pre-existing health conditions in conjunction with dehydration caused by opiate withdrawal during her hospice admission following discharge from Villa Valencia.

Settlement Discussions

Defendants offered CCP 998 by Sunrise Senior Living, Inc. to Wendell Adams ($1.00) and Janice Borkovetz ($1.00); CCP 998 by Sunrise Senior Living Management, Inc. to Wendell Adams ($1.00) and Janice Borkovetz ($1.00); and CCP 998 by Sunrise Senior Living Services, Inc. to Wendell Adams ($100,000.01) and Janice Borkovetz ($100,000.01).

Damages

Plaintiffs demanded $5,000,000.

Result

The jury returned a verdict for the Estate on the elder abuse cause of action against Sunrise Senior Living Service, Inc. dba Villa Valencia Healthcare Center, but a defense verdict for Sunrise Senior Living, Inc. and Sunrise Senior Living Management, Inc. on this cause of action. The jury further returned a verdict in favor of all defendants on the wrongful death and willful misconduct claims. Defendants won summary adjudication of plaintiffs' fraud claim before trial, and plaintiffs dismissed their negligence cause of action during trial. Also, $1 million in non-economic damages award to decedent for her pre-death pain and suffering on plaintiffs' elder abuse cause of action, which will be reduced to $250,000 per statutory cap on damages. The jury also determined that punitive damages were warranted against defendant Sunrise Senior Living Services Inc., dba Villa Valencia Healthcare Center, as a result of the elder abuse, and in Phase II of the trial, awarded $1 million to plaintiff in punitive damages.

Other Information

FILING DATE: Dec. 14, 2005.

Deliberation

two days

Length

nine weeks