Garcia, Artigliere & Medby File Lawsuit Against JW Care Home LLC and Administrator for Elder Abuse, Negligence, Negligent Hiring and Supervision, and Fraud

Garcia, Artigliere & Medby filed a lawsuit on behalf of 80-year-old Gloria McCully against JW Care Home and its administrator Josephine B. Wassel for elder abuse, negligence, negligent hiring and supervision, and fraud. The lawsuit alleges the residential care facility wrongfully withheld required care to Ms. McCully due to understaffing and lack of training, resulting in Ms. McCully suffering from an infected baseball-sized stage 4 pressure sore.

“The facility and its administrator knew they were withholding services from Ms. McCully and tried to cover it up by lying to her family about her injury,” says attorney Stephen Garcia. “It is the facility’s duty to protect and provide the required care to all of its residents. Ms. McCully will never fully heal from her injury.”

In December 2014, Ms. McCully was transferred to the facility from hospice, where she suffered from congestive heart failure, arthritis and Parkinson’s, all of which required assistance for daily activities. The facility’s staff and administration were well aware of Ms. McCully’s ailments and understood that she required body repositioning every two hours, to be kept clean and dry at all times, to be hydrated and provided sufficient nutrition in order to prevent the development of pressure sores.

On January 2015, administrator Ms. Wassel lied to Ms. McCully’s family and told them that Ms. McCully’s pressure sore was healing. Then, on March 20, 2015, a nurse told Ms. McCully’s daughter that her pressure sore had worsened in a two-day span. Ms. McCully’s daughter immediately had her mother transported to Palmdale Regional Medical Center by ambulance to be assessed. Upon assessment, Ms. McCully was diagnosed with a stage 4 pressure sore caused by neglect.

As a result of the facility’s failure to properly care for Ms. McCully, she suffered an infected, gaping and malodorous stage 4 pressure sore the size of a baseball. Her doctor recommended surgery; however, it would be too risky and would require a dinner plate sized incision.

Ms. McCully now suffers with tremendous pain and may still require surgery.