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Patient Develops Multiple Infections and Dies at San Diego Facility

Garcia & Artigliere

San Diego, Calif. — Simona Dally was completely immobile and unable to get up from her wheelchair without assistance when she was admitted to Windsor Health Care Golden Palms, LLC, in November 2011. The facility admitted Dally yet failed to properly care for her. She was hospitalized with several infections and passed away from the injuries she developed at the facility.

“Rather than providing care to address the very conditions for which Simona was transferred to the facility for, staff substantially ignored her needs,” said Attorney Stephen Garcia. “They withheld required care and caused her to develop a painful, infected and avoidable pressure ulcer.”

Garcia & Artigliere filed a lawsuit against Windsor Health Care Golden Palms, LLC, for elder abuse, negligence, negligent hiring and supervision, and wrongful death. Upon Dally’s admittance, the facility agreed to provide the extensive care and 24-hour supervision she required for all her activities of daily living, which included eating, grooming, toileting, administering medications, and transfers.

During the course of her stay in the facility, Dally’s family would often visit and notice that she was not being turned or repositioned as directed. They would attempt to notify staff; however, no one would be available to receive the complaints. Additionally, Dally’s nutritional care plan required that she be assisted with eating; however, she was rarely supervised. On one occasion, she was left alone to eat her meal and she choked on a piece of food, which resulted in the need for CPR and a trip to the emergency room. The incident required her to have a tracheotomy tube inserted in order for her to continue breathing.

Staff members also violated physician’s orders by overmedicating Dally with sedatives for the sole purpose of chemically restraining her. Her hygiene needs were also neglected. Despite her family’s complaints and requests for assistance the staff simply replied that such assistance was “not their job.”

Ultimately, it came to a point where Dally relied on her family to manage the care that she required as her requests to the facility’s staff fell on deaf ears. When her family was not present, her needs were simply ignored. As a predictable result of the wrongful withholding of required care, Dally developed a severe and avoidable pressure ulcer and a urinary tract infection at the facility.

The negligence continued throughout her course of residency. Dally also contracted pneumonia and scabies and developed pressure sores while under the facility’s care. Dally was hospitalized several times with urosepsis, pneumonia, and complications from a Stage IV pressure ulcer. She never recovered from these injuries and passed away on March 31, 2016.


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