September 26, 2011
Written by: Stephen M. Garcia
LOS ANGELES, CALIF. (Sept. 26, 2011) — On behalf of their client, a victim of elder abuse, Garcia Artigliere & Medby obtained a judgment in the amount of $1,311,593.67 against the assisted living facility Greenpark Villa, Inc. at 22607 Menlo Ave. in Torrance, Calif.
Ruby Walters, by and through her Successor In Interest, Janet Calicchia; Janet Calicchia, an individual vs. Greenpark Villa, Inc. and DOES 1 through 250, inclusive (Case No. TC021878) was heard in front of the Hon. William Barry in Superior Court of California, South Central. The complaint alleged elder abuse and wrongful death.
“In an effort to avoid responsibility, Greenpark Villa has threatened bankruptcy,” says Long Beach elder abuse attorney Stephen M. Garcia. “I am here to tell Greenpark Villa that Garcia Artigliere & Medby will continue to fight them, regardless of payment, in order to protect the health and safety of elder and infirm adults in the Torrance area.”
Greenpark Villa is a residential care facility for the elderly (RCFE), often known as assisted living facilities, board and care homes, retirement apartments, retirement hotels, or retirement apartments. They are an intermediate step between independent living and a nursing home.
By California law, an RCFE is defined as a housing arrangement chosen voluntarily for someone 60 years old or older in which varying levels of care and supervision are provided. An RCFE is not permitted to admit anyone with certain conditions, including having stage IIII. and IV. pressure sores or open sores, having dementia, or those who are dependent on others to perform activities of daily living.
Walters was admitted to Greenpark Villa after surgery for a fractured hip. She also suffered from Alzheimer’s/dementia and a stage I pressure sore (a persistent area of skin redness without a break in the skin that does not disappear when pressure is relieved) on her coccyx.
Because of underfunding and understaffing, Walters fell twice. Greenpark Villa staff also neglected to care adequately for Walters’ pressure sore, which evolved into a painful stage IV pressure sore (in which a full thickness of skin and subcutaneous tissue is lost, exposing muscle or bone), which also became infected.
After Walters’ second fall, Greenpark Villa failed to send her to the hospital. For five months Walters suffered severe pain and it was only upon the family’s continuing insistence that it was discovered that she had fractured her hip in the second fall.
“It is clear to me that in Mrs. Walters’ case, Greenpark Villa put profits over people,” says Garcia. “They had neither enough staff nor staff with competency to take care of Mrs. Walters, and she suffered for their lack of care.”
For a free, no-obligation consultation to discuss your or a loved ones possible case, contact Stephen Garcia at Garcia Artigliere & Medby, (800) 281.8515 or www.lawgarcia.com.