Landmark Verdict Awards $110 Million in Assisted Living Case

A recent verdict in favor of the family of a 100-year-old assisted-living resident is drawing national attention to the urgent need for accountability in senior care facilities and the importance of protecting vulnerable elderly residents. In March of this year, a jury in Sacramento County, California delivered a historic verdict in favor of Mildred Hernandez.

The tragic story is well known to those in the industry. The facility which had a duty to supervise a resident with Alzheimer’s disease failed and allowed her to wander outside in the dangerously cold temperatures causing her wrongful death.

In their verdict, the jury found that the corporate defendants responsible for the facility had acted with malice, oppression, or fraud and failed to implement adequate safeguards to protect residents from foreseeable harm.

The $110 million award included substantial compensatory and punitive damages, sending a powerful message to the defendants, corporate owners, and the industry as a whole that elder neglect will not be tolerated.

Resident wandering, inadequate supervision, intentional understaffing, untreated injuries, falls, and malnutrition are among the top concerns for seniors who are long-term care residents.

Lawsuits against skilled nursing and assisted living facilities are unfortunately nothing new, as state courts are full of heartbreaking cases of abuse.

Taking action against negligent facilities requires close observation of loved ones. While recognizing signs of neglect can be challenging, organizations such as the Nursing Home Abuse Center educate families about the warning signs so their loved one can get the help they need.

Common indicators of abuse are unexplained injuries, poor hygiene, sudden weight loss, untreated medical issues, emotional withdrawal, frequent falls, and a facility’s failure to communicate and report heath concerns and safety incidents.

Furthermore, the Center informs people about resident rights and the legal options that can be pursued should preventable harm occur for an elderly loved one.

No jury award can bring back a loved one or undo the tragedies that have occurred. However, verdicts like those in Mrs. Hernandez’s case are tremendous demonstrations that justice can and often does prevail in the face of callous wrongdoing by facilities.