Lawsuit Filed: Man Dies in Victorville Nursing Facility

Victorville, Calif. — Mark Matthew was admitted to Knolls West Convalescent for rehabilitation following a heart attack. One of the primary reasons Mark was entrusted to the care of Knolls was his weakened status and to prevent from the deadly falls which are prevalent in elders. Unfortunately, rather than providing Matthew with the care Knolls promised, and was well paid for, Knolls West Convalescent just failed to protect Mark from suffering totally preventable falls, resulting in a spinal fracture from a fall, and then a severe pressure ulcer, ultimately leading to his premature death.

Garcia & Artigliere & Faulkner filed a lawsuit against Knolls West Convalescent for dependent adult abuse, and negligent hiring and supervision.

“As the result of the facility’s decision to withhold the proper care and treatment that Mark desperately needed, he suffered agonizing injuries, preventable suffering and unnecessary pain before his untimely death,” said Attorney Stephen Garcia. “Based on what we know, it’s apparent that instead of providing him with the daily assistance he needed and paid good money for, he was grossly shortchanged. Once again, it appears a vulnerable victim has paid the ultimate price for a business more concerned with profits than providing sufficient patient care.”

Allegations and Background

According to the lawsuit, Matthew suffered from extensive medical conditions, including morbid obesity, diabetes, kidney failure and congestive heart failure. After having a heart attack on March 4, 2017, Matthew was taken to St. Mary’s Hospital in Apple Valley. By mid-March 2017, he was transferred to Knolls West Convalescent rehabilitation because he could not walk, and needed assistance with all of his activities of daily living, including eating, bathing and toileting.

It is alleged in the lawsuit that the nursing facility was aware that Matthew was at a high risk of falling, and required preventative care, supervision and treatment, along with safety and assistance devices to prevent him from falling. However, the lawsuit states that Matthew suffered falls which led to serious injuries, including a subdural hematoma and a spine fracture.

Moreover, the lawsuit states that Matthew was at high risk for developing potentially life-threatening pressure ulcers, yet the facility did not provide him with the necessary care to prevent the development of these infections. The facility allegedly failed to reposition Matthew every two hours, make sure he was clean and dry and free from feces and urine at all times, and make sure he was properly hydrated. This neglect caused Matthew to develop completely avoidable bed sores on his back, stomach, feet and buttocks.

It is alleged that the facility wrongfully withheld important information from Matthew’s family, including the fact that Matthew had fallen while in their care. His injuries proved to be too much for Matthew to handle, and he died on April 16, 2017.