Elder Care Operator and Plaintiff Attorney Settle Class Action Lawsuit
LOS ANGELES, Aug. 20, 2008/PRNewswire/ -- SunMar Healthcare, Inc., SunMar Management, and its 18 California skilled nursing homes recently settled class action lawsuit (Case #30-200800037875), for $2 million on behalf of Warren Richardson, by and through his Attorney in Fact Marlene Miller, on Richardson's behalf and on behalf of all California citizens who resided in, or are residing in, one of the company's California facilities from Jan. 9, 2005 through Jan. 9, 2008.
The complaint alleges the company's California facilities failed to comply with applicable laws and regulations, which has been addressed and resolved through settlement.
"Though we do not admit liability, we chose to settle this case because we are, and have been, firmly committed to the well-being of our
residents," said Irving Bauman, president and principal of Brea, Calif.-based SunMar Healthcare, Inc. "Litigation is a long, expensive process that would take our focus away from where it belongs... on our
residents."
The $2 million settlement will be distributed to class members at a per diem rate for the amount of time that they did reside or still reside in a SunMar owned or managed skilled nursing and/or long-term facility from Jan. 9, 2005 to Jan. 9, 2008. The settlement also mandates that all unclaimed monies that revert back to SunMar must be utilized for staffing
the facilities.
"The purpose of a class action suit is to make positive change," says Long Beach, Calif., plaintiff attorney Stephen M. Garcia of The Garcia Law Firm. "We appreciate that SunMar is stepping up to the plate and taking action to ensure its compliance with such important regulations as maintaining minimum staffing."
Bauman says that he is agreeing to the appointment of an independent monitor, who will undertake quarterly inspections of select SunMar
facilities, because SunMar management and staff are committed to providing the best possible care to its residents.
In fact, SunMar management has abdicated all rights to the selection of the monitor. To maintain the monitor's credibility, he will be selected by plaintiff attorney Stephen Garcia.
"This settlement demonstrates how the civil justice system can benefit everybody," says Garcia. "The elder and infirm adults and their families at SunMar's 18 facilities can hopefully now be assured of quality care, and SunMar has the opportunity to improve the level of quality care it offers its residents. Should they not, the auditor will act vigilantly."
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