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Lawsuit Filed: Elderly Man Develops UTI and Sepsis, Results in Death

Garcia & Artigliere

Sacramento, Calif. – After suffering from a severe stroke, Johnnie McBride was transferred to Midtown Oaks Post-Acute for monitoring, supervision, and assistance with all his activities of daily living. Unfortunately, rather than providing McBride with the care he required, it’s alleged that the facility utterly ignored his needs, leading to his development of a urinary tract infection (UTI) and severe sepsis, which ultimately led to his death.

Garcia & Artigliere & Faulkner filed a lawsuit against Midtown Oaks Post-Acute for elder abuse, and negligent hiring and supervision.

“Johnnie was suffering from medical conditions that made him reliant on the assistance of Midtown Oaks Post-Acute. The facility accepted him fully aware of these preexisting conditions, yet it’s clear they utterly ignored his needs,” said Attorney Stephen Garcia. “Johnnie’s injuries would not have occurred had the facility simply adhered to applicable rules, laws, and regulations, as well as the acceptable standards of practice governing the operation of a skilled nursing facility. Sadly, as a result of the alleged ongoing negligence at Midtown Oaks Post-Acute, Johnnie suffered horrendous injuries and later passed away.”

Allegations and Background

In December 2014, McBride suffered a stroke, which resulted in left side paralysis. At the time of his admission into Midtown Oaks Post-Acute, McBride was bed- and wheelchair-bound and required assistance with all of his activities of daily living. His medical conditions also rendered him particularly susceptible to the development of infections, including UTIs.

The lawsuit states that the facility failed to adhere to McBride’s physician’s orders relating to monitoring his intake and output of food and urine so as to prevent any possible UTIs. McBride’s physician also warned the facility about his susceptibility to developing pressure sores.

On June 6, 2016, McBride’s son visited the facility and found him in a terrible condition. The lawsuit alleges that McBride was in distress and struggling to breathe. When his son asked the staff to call 911, they failed to comply. Instead, they allegedly falsely and fraudulently told his son that even if they called 911, the paramedics would refuse to take McBride to the hospital.

The lawsuit also alleges that McBride’s son persisted in requesting that the facility call for medical assistance, and eventually a nurse called 911. The paramedics then transported McBride to the hospital where, upon his arrival, he was in grave condition. The lawsuit states that as a result of the facility’s continued negligence, McBride developed a UTI and severe sepsis, and also had multiple pressure sores all over his body.

Upon McBride’s arrival, the emergency room doctor asked why he had not been admitted earlier, stating that prompt medical assistance could have saved his life. McBride died on June 7, 2016.


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