Windsor Elk Grove Care and Rehabilitation Center Sued for Wrongful Death

Garcia & Artigliere filed a lawsuit on behalf of Young Lew against Windsor Elk Grove Care and Rehabilitation Center for elder abuse, negligence, negligent hiring and supervision, fraud, and wrongful death. The lawsuit alleges that the facility purposefully withheld required care from Mr. Lew, which resulted in the development of an avoidable severe stage IV pressure ulcer on his left heel, a potentially fatal intestinal condition and ultimately, his death.

“Mr. Lew’s death was completely avoidable,” says attorney Stephen Garcia. “The rehab facility staff blatantly ignored Mr. Lew’s cries of pain and allowed an infection to fester, which directly resulted in his death.”

On March 20, 2015, Mr. Lew was admitted to the Windsor Elk Grove Care and Rehabilitation Center where he was treated for gout and pneumonia. Prior to his admission, he suffered from medical setbacks, including a recent fall at home that resulted in a broken back and subsequent surgery. Additionally, he was an insulin-dependent diabetic and previously underwent heart bypass surgery that required a pacemaker. All of these factors put him at greater risk for developing pressure sores if he didn’t receive the proper care – a risk of which the facility was well aware. Further, the facility failed to implement skin interventions, including turning and repositioning Mr. Lew’s body every two hours, and ensuring he was clean, dry and free from feces and urine at all times.

On March 27, 2015, Mr. Lew complained to his daughter that his left foot was hurting. When Mr. Lew’s daughter removed his sock, a large chunk of flesh came off with the sock as a result of a neglected, severe pressure sore. A facility nurse downplayed the injury, insisting “it wasn’t that bad.” The facility and its staff blatantly ignored Mr. Lew’s injuries, causing the pressure sore to deteriorate into a black, stage IV pressure ulcer. Additionally, Mr. Lew contracted a bacterium that can cause symptoms ranging from diarrhea to life-threatening inflammation of the colon, which was running so rampant at the facility that Mr. Lew’s family could smell the stench upon entering the building.

Mr. Lew was discharged on April 6, 2015, but his condition continued to deteriorate over the next six weeks as a direct result of the facility’s lack of care. He was admitted to the hospital on April 18, 2015, for pneumonia and vomiting blood. He underwent surgery on his left leg to increase blood flow to his poorly healing foot. This was followed by a diagnosis of a life-threatening complication of intestinal conditions, necessitating surgery to remove his colon. After the surgery, Mr. Lew had difficulty swallowing, developed aspiration pneumonia and would scream out in pain if anyone touched him.

Due to appalling staff neglect during Mr. Lew’s 17-day stay at Windsor Elk Grove Care and Rehabilitation Center, his condition spiraled completely beyond all remedy. Subsequently, Mr. Lew died in hospice care on May 27, 2015.