Lawsuit Filed: Dependent Adult Woman Suffers Severe Pressure Sores Due to Long Beach Nursing Home’s Negligence; Facility Cited by CA Department of Health Services for Violations
Long Beach, Calif. — Dyann Dailey, a dependent adult woman suffering from multiple sclerosis and other significant medical conditions that left her mentally and physically incompetent to meet her own basic needs, was admitted to Long Beach Healthcare Center in 2007 for assistance with activities of daily living. It’s alleged that over the course of Dailey’s residency, the facility wrongfully withheld required care and necessary services due to the insufficiency of staffing personnel, in number and competence. Further, the lawsuit states the facility engaged in a fraudulent cover-up scheme of their misconduct in blatant disregard of their mandatory reporting duties as care custodians of suspected elder and dependent adult abuse. This fraud only recently came to light in September 2017 when Dailey was suddenly transferred to Long Beach Memorial Hospital after facility staff found her unresponsive in bed lying in the fluid from her dislodged Gastrostomy Tube (G-Tube). Following this incident, Dailey was discovered with multiple severe pressure ulcers.
Garcia & Artigliere filed a lawsuit against Long Beach Healthcare Center for dependent adult abuse, and negligent hiring and supervision.
“Unfortunately, Long Beach Healthcare Center’s wrongful withholding of care to Dyann, and related underfunding and understaffing practices, were not isolated incidents as the facility had been previously issued deficiencies by the State of California’s Department of Health Services for these exact violations,” said Attorney Stephen Garcia. “It’s clear the facility pursued this profit maximization scheme fully aware of the high probability that such actions and omissions posed life-threatening health and safety hazards to their residents. In fact, our investigations uncovered a ploy by facility management to divert false profits from the operations of the facility to common owners of various entities, each and every one of which was controlled by facility management, thereby leaving insufficient funds to lawfully operate the facility.”
Allegations and Background
Due to her infirmities, Dailey became increasingly dependent upon facility staff for assistance with her activities of daily living, including turning and repositioning, transfers, dressing, feeding, grooming, bathing, hygiene, toileting assistance and medication management.
On March 3, 2010, Daily’s brother Wardell B. Moore, Jr. was appointed Conservator of Dailey’s Person and Estate based upon findings including in part that: (l) Dailey is unable to properly provide for her personnel needs for physical health, food, clothing or shelter; (2) Dailey is substantially unable to manage her financial resources or to resist fraud or undue influence; (3) Dailey has no capacity to give informed consent to any form of medical treatment; and (4) Dailey is not capable of completing a voter registration affidavit.
Notwithstanding Dailey’s Conservatorship ordered in March 2010, it’s alleged the facility refused to document Moore’s contact information in the facility resident file for Dailey. By 2017, the facility’s failure to document Moore as conservator or his contact information was still uncorrected.
On September 22, 2017, the facility informed Moore that they found his sister unresponsive in bed lying with her G-Tube pulled out of her abdomen. When found, Dailey was lying in a pool of fluid from the feeding tube. The facility continued explaining that 911 had been summoned, and that after attempts to resuscitate Dailey were unavailing, she was taken to Long Beach Memorial Hospital where her G-Tube was reinserted and she was provided fluids.
On September 23, 2017, Dailey was discharged back to the facility. After Dailey was returned to the facility, Moore was informed by a male facility nurse of the events surrounding the G-Tube incident. Specifically, Moore was informed that the G-Tube incident had occurred on or about September 15, 2017, at least one week before the facility finally notified him. The notification of the September 15, 2017 G-Tube incident was the first and only notice received from anyone at the facility regarding the incident.
On May 21, 2018, Moore visited Dailey at the facility and during this visit, a male facility nurse informed him that multiple bedsores were discovered on Dailey’s coccyx area. The nurse continued explaining the bedsores occurred as a result of the facility’s failure to turn and reposition Dailey. This was the first time anyone from the facility had informed Moore of the existence of pressure sores on Dailey’s body.
It is alleged that the injuries and substandard care suffered by Dailey while a resident in the facility, resulted from the facility’s plan to cut costs. This plan was executed by the facility at the expense of residents and integral to this plan was the facility’s practice and pattern of staffing with an insufficient number of service personnel, many of whom were not properly trained or qualified to care for the elders and/or dependent adults whose lives were entrusted to them. This understaffing and lack of training plan were designed as a mechanism to reduce labor costs and predictably resulted in the abuse and neglect of many residents of the facility.