Lawsuit Filed Against Oakdale of La Mesa Facility for Wrongful Death
Garcia & Artigliere filed a lawsuit against Lake Murray Holding and Westliving Management, doing business under the fictitious business name Oakdale of La Mesa, for elder abuse, negligence, negligent hiring and supervision, fraud, and wrongful death. The lawsuit alleges that the Oakdale elderly residential care facility withheld care and necessary supervision from Edward Bean, which led to numerous falls, and ultimately to his death due to an assault by another patient, Albert Hayashi. The lawsuit was also filed against Albert Hayashi for alleged assault and battery.
“This case is simply appalling. Oakdale of La Mesa admitted Mr. Bean with full knowledge that he required significantly more care than they were capable of providing. Their actions were completely motivated by greed, and as a result, a man is dead,” says attorney Stephen Garcia.
On September 9, 2014, Mr. Bean was admitted to Oakdale of La Mesa residential care facility. At the time of his admission, the facility was made aware that Mr. Bean was immobile and bedridden, suffered from severe dementia and a host of other medical conditions, including gastroesophageal reflux disease and renal disease. The facility was neither properly staffed, nor licensed to provide the level of care Mr. Bean required. Facility staff repeatedly failed to check on Mr. Bean with any regularity, and as a result, Mr. Bean fell thirteen times, averaging one fall per day during his stay at the facility.
On September 15, 2014, Mr. Bean was transferred into a room with Albert Hayashi. Mr. Hayashi has a history of dangerous tendencies, including violent assaults and sexually aggressive behavior. On September 22, 2015, a staff nurse found Mr. Hayashi nude from the waist down, lying asleep on top of Mr. Bean. Despite the fact that Mr. Hayashi’s arm was partially smothering Mr. Bean, the nurse, wary of Mr. Hayashi’s violent behavior, left both men to seek assistance from another staff member. After Mr. Hayashi was removed, Mr. Bean appeared short of breath and struggled to breathe. An oxygen machine was available at his bedside for immediate use, yet the nurse opted not to give Mr. Bean additional oxygen. Shortly thereafter, the nurse found Mr. Bean dead in his bed. A subsequent autopsy indicated Mr. Bean’s partial smothering contributed to his death.