Lawsuit Filed: Elderly Man Suffers Numerous Injuries Leading to His Death at a Pasadena Nursing Facility

Pasadena, Calif. — In 2012, Charles Devine a 94-year-old man was admitted to Gem Transitional Care Center for strength training after being hospitalized for a seizure. Prior to this initial admission, Devine was still able to walk and perform all activities of daily living.

While a resident of Gem Transitional Care Center, Charles Devine was so ignored by Gem as to avoidably develop and suffer from multiple Stage IV pressure sores, entirely preventable falls, recurrent infections, severe malnutrition and malnourishment, as well as other injuries, which allegedly led to his death on October 9, 2017.

Garcia & Artigliere filed a lawsuit against Gem Transitional Care Center for elder abuse, and negligent hiring and supervision.

“As a result of the Gem Transitional Care Center’s failure to provide required care and inadequacy of facility staff in both number and training, Charles endured unnecessary pain and suffering,” said Attorney Stephen Garcia. “Even more appalling is the staff’s effort to conceal his conditions from family and physicians, which points to obvious misconduct and purposeful prolonged abuse. Gem Transitional Care Center needs to be held accountable for violating applicable laws and regulations, and continued endangerment of its residents.”

Allegations & Background

In 2012, Charles Devine was admitted to Gem Transitional Care Center for strength training after being hospitalized for a seizure. Prior to this initial admission, Devine was still able to walk and perform all activities of daily living.

In late 2014, Devine underwent amputation of his left great toe due to a painful corn that had developed on his foot. Following surgery, Devine was readmitted to Gem Transitional Care Center with a good prognosis for walking recovery after a physical therapy course per physician’s order. Unfortunately, Devine did not experience any improvement as anticipated. Shortly following readmission to the facility, Devine became permanently bedridden and paralyzed in both hands.

The lawsuit states that in early 2015, Devine suffered multiple falls at the facility which reportedly resulted in only head abrasions. The facility explained that Devine fell out of bed despite his prolonged, complete immobility and inability to use his hands. Later that year, Devine was sent to a hospital where his family discovered multiple pressure sores on his body, including the buttocks area exposing bone. The wound holes on the buttocks were the size of fists and infected. The lawsuit states that Devine’s family complained to the facility about the wounds upon return from the hospital. The wounds healed shortly thereafter.

On September 27, 2017, Devine suffered a heart attack at the facility and was sent to Huntington Hospital where he was provided a feeding tube and diagnosed with severe dehydration, severe malnourishment and multiple infections, including gangrene on his foot. It’s alleged that the facility neither notified Devine’s family of any changes in condition leading to this hospitalization nor that he was transferred. Devine’s family eventually received notice from the hospital and arrived shortly thereafter to discover that the gangrene in his foot was fatal.

On October 9, 2017, Devine passed away as a result of the alleged wrongful withholding of care by Gem Transitional Care Center.