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Elderly Patient Beaten and Subsequently Died at Fresno Care Facility

Garcia & Artigliere

Fresno, Calif. — Rosario Navarro was transferred to Manning Gardens Care Center, Inc., with the intent of receiving 24-hour supervision and assistance with all activities of daily living. Instead, the facility was understaffed and not equipped with the proper resources to manage Navarro’s care, causing her to sustain serious injuries that ultimately led to her death.

“Prior to Rosario’s admission, the staff was explicitly warned by family and medical reports about her history of falls,” said Attorney Stephen Garcia. “But they assured her family that they were adequately equipped to care for her, and instead, neglected her needs.”

Garcia & Artigliere filed a lawsuit against Manning Gardens Care Center, Inc., for elder abuse, negligence, assault and battery, and wrongful death. One of the main reasons for Navarro’s admission was to protect her from suffering falls and injuries that may occur due to her daily medications, which caused her to be chronically disoriented, feeble and weak. The facility was fully aware of her conditions and need for an extensive level of assistance, including eating, grooming, toileting and transferring.

However, staff failed to monitor Navarro or provide her with the supervision she required. Furthermore, Navarro spoke only Spanish and the facility only employed English speakers. As a result, Navarro’s requests for assistance would often be disregarded by the staff and her needs would be ignored.

In February 2016, staff members helped Navarro to the bathroom, placed her on the toilet and then left her unattended for an extensive amount of time. After waiting on the toilet for an unreasonably long period, Navarro tried to get up to go back to bed. When she stood up, she fell forward and hit her head. Trying to break her fall, she put her hands forward, but the impact caused her two fractured wrists. She began crying in pain, and still, no one came for several minutes.

Finally, when staff arrived, instead of providing much-needed help, they told her to “shut up and stop crying.” As Navarro continued to cry in extreme pain, staff members hit her over the head with the removable showerhead.

They then placed her back in bed and told her family that she was okay. When Navarro was finally taken to the hospital, X-rays confirmed that she had suffered several fractures in her wrist and that the blows to her head had also caused significant, irreversible head trauma.

Seeing the terrible pain Navarro was in, doctors at the hospital administered morphine. Due to her comorbidities, it was decided that she would not have surgery and was placed on hospice. On March 18, 2016, Navarro died from the injuries she sustained at Manning Gardens Care Center, Inc.


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