A Ventura County jury last Friday awarded $7.75 million to the family of a 71-year-old stroke victim who filed an elder abuse lawsuit against the Fillmore Convalescent Center. The trial, which featured a secret videotape of the woman being abused, lasted 22 days. The jury deliberated for two days before announcing the verdict: $2.75 million in actual damages and $5 million in punitives.
In 2006, Maria Arellano, 71, was a resident at the center and family members noticed during a visit that she was bruised. They complained to management but alleged the center failed to investigate. So they set up a hidden video camera on a side table in her room.
The family’s attorney, Gregory Johnson, said the camera caught employee Monica Garcia slapping Arellano, pulling her around by the hair, bending her neck, fingers and wrists, and treating her violently in a shower chair. Garcia was criminally charged and pleaded no contest to simple battery in February.
The verdict splits liability among three defendants: the center, 40 percent; owner Eduardo Gonzalez, 40 percent; and Garcia, 20 percent. Johnson said he offered to settle the case with the center for $500,000, however, the center “never offered one dime,” or offered to go to mediation.
Surprisingly, about two weeks before the verdict, Fillmore Convalescent received a five-star rating, the highest, from the Nursing Home Compare system, run by the Centers for Medicare and Medicaid Services.
Led by AVVO top rated Nursing Home Attorney, William M. Berman, Esquire, Berman & Riedel, LLP is a San Diego based law firm that represents victims of elder abuse and neglect throughout the state of California. The firm is regarded by many as being one of California’s leading advocates for nursing home residents’ rights and has successfully secured significant settlements and awards against nursing homes and other elder care facilities found liable for the mistreatment of its residents.
If you believe an elderly loved one is the victim of physical abuse or neglect at a California nursing home or other type of elder care facility, call Berman & Riedel, LLP today at (858) 350-8855. Our staff will happily provide you and your family with an initial free consultation to discuss with you any questions or concerns you may have regarding your loved one’s care and the potential monetary damages your loved one and family may be entitled to. To learn more about the firm’s attorneys, past settlements and awards, and types of cases handled by the firm, visit Berman & Riedel, LLP’s main website at www.preventelderabuse.com. For more information on how to filed a complaint against a California nursing home or other type of elder care facility, visit www.reportelderabuse.com.
