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Recent Victories from Newman & Broomand LLP

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Everhart v. Confidential

Mr. Everhart, like the numerous other residents at the same facility, was a victim waiting to happen. While eating dinner at the facility, Mr. Everhart was confronted by another resident, Mr. A, who punched a very vulnerable Mr. Everhart, resulting in Mr. Everhart's death. Mr. A had been a resident at the facility for five months, and over the course of those five months had engaged in numerous altercations with other residents, including two altercations which occurred in the 24 hour period before he assaulted and killed Mr. Everhart. Prior to his admission at the facility, Mr. A had been twice admitted to a locked psychiatric ward for assaultive behavior. Through discovery, we found that no measures were taken to protect other residents from Mr. A., and that Mr. A was left, for the most part, unattended and unchecked by the staff.

Realizing their failure to protect Mr. Everhart, a series of disturbing acts took place almost immediately after his death. The police were not called. Mr. Everhart was immediately moved by staff to his room, thoroughly cleaned, and shipped to the mortuary. Only after a doctor refused to sign the death certificate were the Police and Coroner notified.

Through litigation, Mr. Newman found that there had been over 200 incidents of resident to resident altercations in the year prior to Mr. Everhart's death. As a result of some of these incidents, residents suffered broken ribs, skin tears, and hematomas. Most of the 200 incidents were never reported to state agencies. Mr. Newman also found Police had been out to the facility numerous times, and DPS had cited the facility twice in the previous year for failure to protect residents from resident to resident abuse. While the lawsuit could not bring Mr. Everhart back, it did spurn major changes in the facility and resulted in a substantial monetary settlement.

Hammons v. Confidential

Mr. Hammons was an Alzheimer's patient at a skilled nursing facility in Sacramento. As with many Alzheimer's patients, Mr. Hammons was easily confused and scared, and needed special care in many respects, including the administration of his medications. Early in his residency at the facility, the facility contacted Mr. Hammons' daughter to inform her that her father was "being difficult" and had suffered a small skin tear on his arms as a result of the staff attempting to administer medication. Mr. Hammons' daughter informed the staff, although it is common knowledge in caring for residents with Alzheimers, that it was imperative that they approach him gently and to explain to him what they were doing prior to simply grabbing him to administer the care. She further instructed the facility that if they run into this problem again, they should immediately call her, day or night, so she could drive to the facility to assist.

Two days later, Mr. Hammons' daughter received another call from the same staff member. The employee stated that he had suffered another "minor skin tear" and that everything was fine. Feeling concerned, Mr. Hammons' daughter immediately went to the facility to check on her father and arrived to find her father with severe lacerations, and bruising and injuries to his entire body, including his arms and face.

Mr. Hammons' daughter immediately contacted 911 and her father was taken to Mercy San Juan. Upon seeing Mr. Hammons' condition, the staff, without prompting, filed an abuse report with APS. Through our attorney's aggressive work, this matter was resolved early in the litigation process for a very substantial sum.

Flagg v. Confidential

Mr. Flagg was a resident in an Alzheimer's unit of a skilled nursing facility. Another resident at the facility hit Mr. Flagg causing him to suffer a black eye. Soon after this assault, the assaultive resident was inexplicably assigned to be Mr. Flagg's roommate. Later that month, Mr. Flagg was laying in his bed in his room. A Certified Nursing Assistant walked by his room and noticed his roommate strangling him. This assault caused Mr. Flagg to have an acute change in condition, leading to his inability to eat, drink, or receive care, which ultimately led to his death days later.

The facility concealed the true nature and circumstances surrounding Mr. Flagg's death, concealing from the Flagg family that Mr. Flagg had been strangled and telling the Flagg family that Mr. Flagg's death was "normal" course of aging. Having done an intensive pre-litigation investigation which was presented in a very early mediation, the facility settled for a substantial sum.

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Newman & Broomand LLP - Sacramento Elder Abuse Attorney
Located at 2360 E. Bidwell St #100 Folsom, CA 95630. View Map
Phone: (916) 900-1114 | Local Phone: (916) 932-0397.