Complaints Against Ventura County Nursing Homes Increase

July 6, 2010 by Walton Law Firm

Over the last six years, complaints against Ventura County nursing homes are up almost twentyfold despite a California law that pumped nearly $900 million of Medi-Cal money into nursing homes throughout California. Remarkably, just prior to receiving the additional funds, Ventura County ombudsmen filed only 10 complaints against local nursing facilities, yet over a the period of July 2009 to May 2010 the same ombudsmen filed 194 complaints.

“The numbers show that (the law) did not do what it was supposed to do: increase the quality of care for residents in nursing homes,” Sylvia Taylor Stein, executive director of the Long Term Care Services of Ventura County ombudsman program, told the Ventura County Star. “They were given a checkbook with no oversight.”

By way of example, Oxnard's Shoreline Care Center received $877,356.00 in additional Medi-Cal funding from 2004 to 2008, but records show that the facility actually provided less nursing hours per patient per day than it did prior to the funding increase. It's not surprising that the nursing home took in $4.1 million in profits after the law was passed.

This news alarms, but does not surprise nursing home advocates. Mike Connors of the CANHR says it basically proves what he has known all along, that many nursing homes put profits ahead of people, “Staffing levels, using money for profits instead of care are all indicators of facilities that are putting money before care for residents,” Connors said.

Staffing is the single largest expense of any nursing home, and inadequate staffing is the source of may allegations of nursing home neglect. For example, Shoreline is being sued right now by experienced nursing home attorney Greg Johnson in a case where two CNAs attempted to move a paralyzed woman from her shower chair to her bed, opting to forego the use of a mechanical that was ordered by a physician. During the transfer, the resident's shoulder snapped with a loud crack, causing very serious medical problems.

“We’re talking about the difference between a 20-second transfer versus a five-minute transfer, and that adds up,” Johnson said, laying blame at the feet of the institution for failing to fund additional staffing when it's warranted. “I do not believe that these people who work in these facilities and work their butts off are uncaring because if they were, they wouldn’t work there. I’ve had CNAs cry when I say ‘How do you feel when you go home at the end of your shift?’”

Source: Ventura County Star

The nursing home abuse and neglect lawyers at Walton Law Firm provide free consultations to individuals and families who believe a loved one has been abused or neglected in the nursing home or assisted living setting. Cases are accepted in all Southern California counties, including San Diego, Orange, Riverside, Los Angeles, San Bernardino and Ventura County. Call (866) 607-1325 for a free and confidential consultation.

Nursing Home Worker Convicted of Brutal Elder Abuse

April 9, 2010 by Walton Law Firm

It took jurors only five hours to convict 21-year-old Cesar Ulloa of criminal elder abuse for his brutal treatment of residents at the Calabasas nursing home where he worked. According to prosecutors, Ulloa would laugh as he attacked his victims, many of whom were to demented to be able to call for help. He faces life in prison.

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In one of the assaults, a fellow employee witnessed Ulloa jump on the chest of a non-verbal 78-year-old woman's chest, and throwing her on the bed as she struggled. To another elderly male resident, Ulloa jumped off a dresser and landed with both knees on the man's abdomen, seriously injuring the man. He apparently would laugh with delight while brutalizing the patients.

Suspicion over Ulloa actions was raised after the wife of a resident received an anonymous phone call the day after her husband's funeral. The call said that her husband had been abused, and that his death may have been related to the abuse, something the family suspected. The police were notified, and the victim's body exhumed for an autopsy that revealed more than 24 fractures. The man's death was determined to be caused by blunt force trauma.

According to the L.A. Times, when the widow testified at trial, jurors, and even the court reporter cried.

The case was especially shocking because the facility, Silverado Senior Living, was considered a high-end nursing home. But any nursing home neglect and abuse lawyer will tell you that the way the facility looks, or the price, is rarely an indicator of quality of care. In fact, prosecutors in the Ulloa cases argued that Silverado (like most facilities) are vulnerable to abuse because "caregivers there... generally take the floor with little more than a high school education and just a few days of training."

Source: Los Angeles Times

The nursing home abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults throughout Southern California who have been abused or neglected in the skilled nursing facility, residential care facility for the elderly, and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

Nursing Home to Fight Elder Abuse Verdict

December 29, 2009 by Walton Law Firm

We blogged earlier about the $7.75 million dollar verdict a 71-year-old stroke victim was awarded after she proved to a civil jury that she was abused by caregivers in her nursing home. The lady's family decided to place a hidden camera near the bed of Maria Arellano, and caught some ghastly footage of an attendant pulling the elderly woman's hair, bending her fingers and neck, and treating her violently in the shower. Now, as expected, the defendant, Fillmore Convalescent Center, plans on appealing the verdict.

It's attorney Thomas Beach told the Ventura County Star, “We strongly disagree with the decision and will be taking all appropriate legal steps to set aside the verdict.” Strongly disagree? Of course he disagrees; he told the jury to give her nothing.

What makes this case most interesting is that the plaintiff attorney Greg Johnson made a settlement demand of $500,000 long before the trial. He had compelling video, and a great story, and not only did the nursing home ignore his demand, they never offered him a penny.

If Mr. Beach's post-trial statements are any indication of how this will play out, it's not going to be pretty. He states that the family knew of the abuse a year earlier, but didn't report it. He is now "concerned" as to why it was not reported. Maybe this is a new (risky) theory - blame the family - but if he had such concerns, why didn't he raise them at trial?

The jury has spoken. The elder abuse victim should be paid.

Source: vcstar.com

The elder abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been abused or neglected in the nursing home and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.

Jury Awards Ventura Nursing Home Abuse Victim $7.75 Million

December 12, 2009 by Walton Law Firm

A Ventura nursing home called Fillmore Convalescent Center, its owner, and one of its employees were hit with a $7.75 million verdict yesterday after a jury found them liable for elder abuse. It has to be one of the largest verdicts in California in a case involving nursing home abuse or neglect.

The facts are egregious. In 2006, the family of 71-year-old Maria Arellano, a stroke victim who was also non-verbal, began to notice suspicious bruising. They complained to the nursing home administration, but it failed to look into it. The family then placed a hidden camera in Ms. Arellano's room, which caught caregiver Monica Garcia slapping Arellano, pulling her hair, bending her fingers, and treating her violently. When the tape was revealed, Garcia was charged with criminal acts, and the family brought an elder abuse lawsuit against the nursing home.

The lawyer for Arellano, Greg Johnson, must have done an excellent job. He told the Ventura County Star that he offered to settle the case for $500,000, but was rebuffed. The nursing home, through its attorney Tom Beach, never offered a dime to resolve the case. "There was a lot of arrogance," said Johnson.

Ironically, Fillmore Convalescent received a five-star rating, the highest, from the Nursing Home Compare system, operated by the Centers for Medicare and Medicaid Services.

Source: Ventura County Star

The nursing home abuse and neglect attorneys at Walton Law Firm LLP provide free consultations to individuals and families who believe a loved one has been abuse or neglected in the nursing home or assisted living setting. Cases are accepted in all Southern California counties.