Garcia & Artigliere Files Lawsuit Against Milpitas Care Center for Assault and Battery, and Wrongful Death

Garcia & Artigliere filed a lawsuit against Milpitas Care Center for elder abuse, negligence, negligent hiring and supervision, fraud, assault and battery, and wrongful death. The lawsuit alleges Carolina Ladao died as a direct result of her injuries after a resident physically assaulted her, in addition to the facility’s lack of care.

While a resident at the facility, Ms. Ladao was physically assaulted by a resident causing bruises on her chest, right arm and right shoulder. The facility was well aware of the offending resident’s violent history, yet did nothing to prevent the occurrence. Following her injuries, they sent Ms. Ladao to hospice stating she would receive “better care”; however, the facility took no action to find out the status of Ms. Ladao’s injuries. The hospice nurse requested an X-ray, which revealed a right shoulder fracture that was bleeding in two different places from her shoulder to her chest. When her family inquired as to what happened, the facility offered no explanation.

“The facility knew Ms. Ladao needed a high level of care and when she was assaulted by another resident, the facility went into cover-up mode instead of notifying the family,” says attorney Stephen Garcia.

On June 12, Ms. Ladao was scheduled for surgery; however, her heart rate and blood pressure had risen to uncontrollable levels, so the family decided to cancel the surgery. Ms. Ladao eventually stopped eating and drinking, was transferred back to the facility where she continued to decline and passed away on June 27.