Garden Grove Assisted Living Facility Sued for Wrongful Death

Garcia, Artigliere & Medby filed a lawsuit against Jobertson’s Management Services, Inc. and Mirabel by the Sea III for elder abuse, negligence, negligent hiring and supervision, fraud, and wrongful death. The lawsuit alleges that the facility put profits over people, was understaffed, lacked training and didn’t have the economic resources to properly care for the residents, resulting in the death of Tomasina Labella.

In 2013, Ms. Labella was placed into the care of Mirabel by the Sea III because she suffered from dementia, osteoporosis and hypertension. The staff repeatedly assured her family and caretakers that Ms. Labella would be properly cared for and that the facility was well equipped to care for someone in her state.

“Our client is heartbroken over the horrible treatment their beloved suffered at the hands of the entire staff at Mirabel by the Sea III. Her conditions were ignored, she was verbally harassed and treated so poorly that she died as a result,” said attorney Stephen Garcia.

The facility claimed that it offered 24-hour supervision, as well as safety and assistance devices to help care for Ms. Labella, who was prone to falls due to her dementia and whose osteoporosis further complicated matters. The staff assured her family that she would receive proper care, but instead they consistently neglected and mistreated Ms. Labella. This carelessness led to urinary tract infections, pneumonia, four falls, broken ribs, a broken ankle, substantial weight loss of more than 50 pounds and finally, her death. After Ms. Labella fell several times, the facility attempted to “chemically restrain” her by sedating her so much that she was almost comatose. Tragically, Ms. Labella was treated so poorly, and neglected so frequently, that it resulted in her untimely death.