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East Bay Times Reports on Lawsuit Against Alameda Nursing Facility

Garcia & Artigliere

As published in East Bay Times, we filed a lawsuit against Oakmont of Mariner Point on behalf of Ila Dicks for dependent adult abuse, and negligent hiring and supervision.

Dicks was admitted to Oakmont of Mariner Point for 24-hour care in October 2015. It’s alleged that since she became a resident, she suffered avoidable falls, was unnecessarily chemically restrained, suffered dental damage and other severe injuries.

In October 2016, the facility allegedly threatened to evict Dicks if her family did not agree to put her on the antipsychotic medication, Nuedexta. When the family refused this, the facility sent Dicks’ son a notice that his mother would be evicted. The California Department of Social Services was notified by her son and cited the facility for illegally evicting Dicks as well as issuing numerous other citations for providing substandard care to residents.

At the time, a CNN report looked into Nuedexta and questioned the facility’s use of it. An administrator of the facility told CNN at the time in 2016 that Nuedexta “was the only intervention I could come up with” for Dicks’ benefit, and those around her.

Since then, Dicks has been subjected to hostility and retaliation at the facility for her whistleblowing, the lawsuit alleges.

“As a residential care facility, facility staff knew that they were not capable of or legally allowed to care for someone with Ila’s medical conditions. Still, they allowed her into the facility knowing she required a greater level of care than they could provide,” said Attorney Stephen Garcia. “The facility surely appears to be motivated by profits over its residents’ welfare, so they knowingly exposed this vulnerable senior to health and safety risks. The facility’s rampant regulatory violations, which led to Ila’s injuries, are well-documented in deficiencies issued by the State of California’s Department of Health Services. Further, social service officials found that her eviction attempt violated state law and only then did the facility rescind the eviction, which was reported on in the story by CNN.”

Dicks is still a resident of the facility. Unfortunately, the wrongful withholding of care continues to this day.

Read full article.


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