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Man Dies After Suffering Serious Injury at Newport Beach Facility

Garcia & Artigliere

Newport Beach, Calif.— After suffering a series of falls at his home, Jimmie Davenport was reluctantly transferred to Stanford Court Skilled Nursing & Rehab Center so as to receive promised care from Stanford to prevent additional falls, the development of horrific and painful pressure sores, and injury. Unfortunately, Stanford collected payment for this required care and did not provide it to Davenport such as neglecting his known propensity to wander when unattended and his risk of developing pressure sores, ultimately resulting in serious injuries and his eventual death.

“The facility knew that they were not only to conduct assessments of high-fall risk residents like Jimmie, but also update the assessments as frequently as necessary to prevent him from suffering further falls,” said attorney Stephen Garcia. “The facility was aware of the most basic protocols which would have ensured that Jimmie received the proper care to keep him safe from injury, and unfortunately, while ensuring that they collected money for this promised care, Stanford missed the boat in providing this basic and important care. And as the predictable result of Stanford’s focus on making money, Jimmie suffered significant injuries.”

Consistent with the goals of the California State Legislature of protecting elder and infirm adults, a “particularly vulnerable segment of our population” as declared by the Legislature in the enactment of the Elder Abuse and Dependent Adult Civil Protection Act and as affirmed by the California Supreme Court, Garcia & Artigliere filed a lawsuit against Stanford Court Skilled Nursing & Rehab Center for elder abuse and negligent hiring and supervision.

Prior to his admission, the facility was explicitly warned by Davenport’s family and medical records of the concerns relating to falls. Yet the facility, insufficient in staff both in number and in training, failed to provide Davenport the care he required. Davenport was never equipped with a tab alarm, bedrails, lap buddies or any other fall protection device. And thus, every time Davenport left his bed, the facility was never alerted of the event.

The lawsuit alleges that two to three weeks after his admission, Davenport was so neglected as to suffer the very fall that Stanford was to assist him in avoiding when he was allowed to transfer to the bathroom unattended by Stanford’s staff. Davenport was found on the floor and then unceremoniously thrown back into his bed by Stanford’s staff. The lawsuit also alleges that Stanford knew full well that Davenport was at particular risk for the development of pressure sores and simply failed to provide him with the required care to prevent the development of horrific and painful pressure sores. The lawsuit alleges that rather than make sure Davenport was timely attended to so as to relieve pressure on developing painful wounds, and keep him clean and dry of feces, properly hydrated, maintained suitable personal hygiene, and was repositioned in a timely manner, Stanford focused more on their own attainment of profit.

And as the predictable result, Davenport developed a severe and avoidable pressure sore on his tailbone. The lawsuit alleges that to add insult to injury, Davenport’s family was not ever fully advised as to the extent and severity of the sore that he developed, and instead, the facility engaged in a scheme to conceal the wound. The lawsuit also alleges that there were also numerous indications of malnutrition, which the facility neglected. Davenport lost a substantial amount of weight, almost 52 pounds in five months, his sore worsened and he developed three infections which required him to be on antibiotics and moved into isolation.

In December 2015, Davenport was transferred to Kaiser Hospital where he was diagnosed with his fourth infection and placed in the ICU. After suffering for nearly a month, Davenport passed away on January 5, 2016.


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