$7.75 Million Awarded by Ventura County Jury to Elder Abuse Victim’s Family
The family of Maria Arellano, a 71-year-old resident at the Fillmore Convalescent Center, has been awarded $7.75 million by a Ventura County jury for abuse inflicted on Arellano by the nursing home in 2006. During this time, the family took note of bruises on Arellano’s body and complained to management at the nursing home, who failed to investigate the bruises.
Eventually, the family took matters into their own hands by setting up a hidden video camera recording system in Arellano’s room. What they would find would shock them. Monica Garcia, an employee of the nursing home, was seen slapping Arellano and also pulling her hair. Arellano, who is a stroke victim, was also tormented by the employee twisting her wrists, fingers and neck. Garcia also violently abused the victim while she was in her shower chair. She has pleaded no contest to simple battery, and was charged with a criminal offense.
The family of Arellano sued and has been awarded $7.75 million, which includes punitive damages of $5 million and actual damages of $2.7 million. Eduardo Gonzalez, owner of the center, was assigned 40% of the liability, the center also 40%, and Garcia, the employee who abused the victim, was assigned 20% liability. This incident has brought to light the plight of another resident of this nursing home, 83 year old Daniel Sanchez. His family has also suspected abuse of their loved one, and he has since passed away. The lawsuit filed by his family is scheduled to go to trial next month. He was also a stroke victim.
The arrogance shown by the center is shocking to lawyers for Arellano’s family, who say they showed no interest in settling the claim. When the Arellano family was unsatisfied with the measures taken by the center to investigate their abuse worries, they took action themselves and uncovered the facts. The video recording that captured Garcia abusing Arellano weighed heavily in the trial.
California nursing home abuse lawyers ask families of nursing home residents to be aware and alert to any signs of abuse of their loved ones.
* Look for the common signs of abuse. Bruises, wounds, bed sores, unsanitary conditions, and failure of staff to bathe your loved one regularly should be reported to the facility at once.
* Be alert to signs of malnutrition, and check to insure that needed medications are given on time.
* Notice personality changes such as depression, anxiety or fear that wasn’t there before. These could be naturally occurring due to dementia, but may also be signs that some form of abuse is taking place.
The Reeves Law Group has offices across California and is dedicated to representing personal injury victims, including victims of nursing home abuse. Please contact us for a free consultation at (800) 644-8000.
