Sacramento Nursing Facility Sued for Elder Abuse

Garcia & Artigliere filed a lawsuit in Sacramento Superior Court alleging that the 24-hour nursing facility Eskaton Care Center Greenhaven, located in Sacramento, California, severely neglected one of its patients, James Mehn, causing him to sustain a fractured collar bone, a severe pressure ulcer and aspiration pneumonia.

“The facility was required to respect James’ rights to ensure his health, safety and dignity,” said Attorney Stephen Garcia. “Instead, they wrongfully withheld the required care he deserved, thereby causing him significant injuries.”

Upon Mr. Mehn’s admission into Eskaton Care Center Greenhaven, staff was well aware that he suffered from unsteadiness of gait, inability to transfer without assistance, and irregular continence. In addition, he required assistance with all activities of daily living. The staff also knew that if they neglected his needs, Mr. Mehn would become a high risk for falls and injury.

However, despite having the knowledge about Mr. Mehn’s health condition and requirements, the facility failed to create and implement proper care plans to prevent him from suffering. They did not provide Mr. Mehn with 24-hour supervision, safety devices, gait belts or assistance with walking, all of which he needed.

In December 2015, Mr. Mehn was taken to Kaiser Permanente South Sacramento Medical Center, where radiology tests were performed and confirmed that he had no bone fractures. However, the next month, Mr. Mehn was again taken to Kaiser Permanente, where a physician noted that he winced in pain when they touched his shoulder. Eskaton Care Center did not report any event involving Mr. Mehn which would have been the cause of such pain. However, the radiology tests showed that he suffered a broken collar bone, which had not been present during his December exam and which the facility had just ignored.

In addition to neglecting Mr. Mehn’s safety, staff forced him to be fed in bed while he was lying down instead of taking the time to sit him up, which caused him to aspirate and develop aspiration pneumonia. As a result of his pneumonia, Mr. Mehn was given a gastrostomy tube for feeding; however, on numerous occasions when his family would visit, they found his feeding tube dislodged and he was left lying in fluid. Additionally, the staff failed to timely and properly suction fluids from his feeding tube and implement care plans to prevent the pneumonia from worsening.

Moreover, rather than providing the required care for Mr. Mehn in the form of emergent treatment, the staff did not seek any care, and instead allowed Mr. Mehn to lie in pain while they conjured up a story to cover up their misconduct.