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Man Injured Due to Negligence at Manteca Facility

Garcia & Artigliere

Garcia & Artigliere has filed a lawsuit in San Diego Superior Court against The Commons at Union Ranch, located in Manteca, California, for elder abuse, negligence, and negligent hiring and supervision. The lawsuit alleges that the facility neglected patient Frank Nunes, causing him to suffer the development of a series of pressure sores.

“The facility was aware that failure to create and implement proper care plans would result in a high probability that Frank would suffer further injury,” said Attorney Stephen Garcia. “Yet, they knowingly disregarded this risk and allowed him to suffer numerous pressure sores.”

In 2013, Mr. Nunes began residing at The Commons at Union Ranch after completing rehabilitation for a hip fracture that had occurred when he fell while living at home. Mr. Nunes was transferred to the facility for assistance with all activities of daily living as well as for his other medical conditions, which included dementia, congestive heart failure, and a propensity to wander. He also required monitoring of his multiple psychiatric and pain medications.

During the course of Mr. Nunes’ stay at The Commons at Union Ranch, he was not monitored, nor were any interventions implemented to protect him from harm as a result of his medical issues. Additionally, the staff was aware that Mr. Nunes was at high risk for pressure sore development. However, they failed to reposition his body every two hours, make sure he was clean and dry from feces, and make certain he was properly hydrated and was receiving sufficient nutrition. Throughout the entirety of his stay, Mr. Nunes was severely neglected and, as a result, he developed avoidable pressure sores on his body.

By March 2016, Mr. Nunes had developed multiple pressure sores on his shin, tailbone, and left and right hips, including a Stage IV pressure sore that began to tunnel while he was under the facility’s care. Mr. Nunes’ family was never notified about his developing sores, and instead, the facility concealed their misconduct by not documenting the sores and also by denying Mr. Nunes access to available treatment.

On March 10, 2016, the facility could no longer hide the severity of Mr. Nunes’ condition and called his family to report the sores. They advised that if his sores became any worse, Mr. Nunes would have to be transferred out of the facility.

It was not until March 15, 2016, that Mr. Nunes was evaluated by a hospice nurse who discovered his sores. During the assessment, the nurse found that Mr. Nunes not only had a Stage II sore on his shin, but also had two additional sores on his left and right hip, one of which was Stage IV and tunneling.

Hospice personnel began to treat and suppress his sores as much as possible. Four days later, Mr. Nunes’ granddaughter was at the facility taking photos of the sores when a staff member tried to confiscate her camera to avoid further exposure of their neglectful conduct and blatant violation of required care.

As a result of the facility’s negligence, Mr. Nunes suffered serious harm to both his health and safety.


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