Betsy Jentz, By And Through Her Power Of Attorney, Derek Skylar Aud vs. RRT Enterprises L.P., Et Al

On February 13, 2024, the California jury returned a $2,289,650 verdict in favor of 65-year-old Betsy Jentz who had suffered elder abuse and neglect at Country Villa Wilshire Convalescent Center.

Case Background

On June 29, 2022, an elder abuse and neglect lawsuit was filed on Plaintiff Betsy Jentz’s behalf against the Defendants before the California Superior Court,  Los Angeles County. Judges Stephanie M. Bowick, Daniel S. Murphy, Kevin C. Brazile,  David J. Cowan, and Audra Mori presided over this case. [Case number: 22STCV21164]

The Defendants included RRT Enterprises L.P., which operated as the skilled nursing facility known as Country Villa Wilshire Convalescent Center (the “Facility”). Boardwalk West Financial Services, LLC, was involved in managing the Facility. They authorized and directed its operations and oversaw the actions of its agents and employees. This included the employment, training, and supervision of administrators, directors of nursing, and other staff at the Facility. Defendant Shlomo Rechnitz, along with unnamed Defendants, was involved in the operation and management of the Facility.

Cause

Before her admission to the Facility, Betsy Jentz lived independently and was in excellent physical condition. However, in November 2020, she experienced a fall that resulted in fractured ribs and a hip. Following a total left hip hemiarthroplasty, Jentz began to show physical and mobility deficits. She also suffered pain that restricted her movement and daily activities.

On November 30, 2020, Jentz was admitted to the facility for custodial care and rehabilitation services. Custodial care included assistance with daily living activities (ADLs) like mobility, nutrition, hydration, hygiene, medication, toileting, and bed management.

Upon admission, Jentz was diagnosed with generalized muscle weakness and walking difficulties. She used a walker and had varying degrees of incontinence, using pads for bowel and bladder control. Her medications, including Eliquis, oxycodone, and tramadol, had side effects like dizziness, drowsiness, and muscle weakness. She required assistance with all ADLs and was assessed as not aware of her safety needs. Defendants knew she needed regular monitoring, supervision, and assistance but failed to provide it, leading to falls, pressure sores, infections, and poor nutrition.

On December 1, 2020, medical staff assessed Jentz as at high risk for pressure sores and falls. They created a care plan to address her decline in mobility and balance and ordered physical and occupational therapy. Despite this, they did not create care plans to address the risks of falls or pressure sores. Defendants did not provide necessary supervision or assistance, leading to falls on December 29, 2020, February 4, 2021, and other dates, resulting in injuries and complications.

Jentz’s condition worsened due to the ongoing neglect. On October 4, 2021, she suffered a serious fall, leading to a significant shoulder injury. She was transferred to the hospital, where severe fractures were found.

Throughout her stay, Jentz experienced worsening conditions, including pressure sores, poor nutrition, and inadequate hygiene care. Despite being diagnosed with malnutrition and other health issues, Defendants failed to provide proper care or update her care plans.

Injury

Jentz experienced significant swelling and bruising in her right shoulder. X-rays showed a displaced fracture in the surgical neck of the right humerus and a nondisplaced fracture in the right superior pubic ramus. CT scans confirmed fractures in the right pubic ramus and ischium.

Conservative treatment for Jentz’s shoulder fracture failed. By October 18, 2021, the humeral shaft was palpable and nearly skin-threatening. X-rays showed worsening fracture alignment, requiring surgery. On November 17, 2021, Jentz underwent a right reverse total shoulder arthroplasty, which she tolerated well.

Due to the Defendants’ neglect, Jentz’s quality of life severely declined. Her shoulder injury caused persistent pain and immobility. On December 8, 2020, she had a stage I pressure sore on her sacrococcyx. By February 24, 2021, the sore had progressed to stage II due to continued neglect of necessary repositioning.

Upon entering a new rehabilitation facility in November 2021, Jentz still had a sacral pressure sore and new sores on her heels. Additionally, Jentz suffered from poor nutrition and hydration. Lab results on January 16, 2021, showed low levels of calcium, albumin, and protein, indicating inadequate dietary care. By February 11, 2021, she had lost 5 pounds and had hypoalbuminemia.

Further neglect resulted in poor oral hygiene and hypertrophic toenails. This ongoing neglect led to Jentz’s increased discomfort and emotional distress. Her overall care deficiencies, including monitoring, assessments, and ADL assistance, caused her unnecessary pain and suffering.

Damages

Plaintiffs seek the following judgments and damages:

1. General damages based on evidence against the Defendants.
2. Special damages based on evidence against the Defendants.
3. All damages and remedies under Health and Safety Code section 1430, subdivision (b), against the Facility.
4. Attorney’s fees from the Defendants.
5. Punitive and exemplary damages from the Defendants.
6. Costs of the suit from the Defendants.
7. Pre-judgment and post-judgment interest, as permitted by law, from all Defendants.
8. Any additional relief the Court considers fair and appropriate.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Betsy Jentz by and through her Power of Attorney, Derek Skylar Aud
    • Counsel for Plaintiff(s): Anthony C. Lanzone | Sara M. Feldman | Ayman Mourad | Elizabeth M. Kim
  • Defendant(s): RRT Enterprises L.P. dba Country Villa Wilshire Convalescent Center | Boardwalk West Financial Services, LLC | Schlomo  Rechnitz
    • Counsel for Defendant(s): Randy A. Berg | Marvin G. Fischler | Vona Ekpebe

Claims

The Defendants failed to provide the level of care that a reasonable person in their position would have provided. Specifically, they did not ensure Plaintiff Jentz received proper care to prevent falls, injuries, pressure sores, infections, poor nutrition, dehydration, or inadequate hygiene. Additionally, they neglected to create, implement, and monitor adequate care plans and interventions.

The Defendants’ actions constituted “neglect of an elder or dependent adult” under Welfare and Institutions Code section 15610.57. They willfully, intentionally, and recklessly caused or allowed Plaintiff Jentz to suffer injury and placed her health in jeopardy. Their conduct created conditions likely to cause significant bodily harm. Defendants willfully inflicted upon Plaintiff Jentz unjustifiable physical and emotional pain, injuries, suffering, and indignity.

Plaintiff alleges that Jentz’s rights as a resident were violated in several ways, including but not limited to:
a. Suffering abuse and neglect by the Facility, as previously stated.
b. Failing to treat Plaintiff Jentz with consideration, respect, and dignity. The Facility neglected her personal needs, including the failure to develop and implement proper care plans. This negligence led to falls, severe injuries, pressure sores, infections, and inadequate nutrition, hydration, and hygiene.

The Defendants’ breaches were intentional and showed a reckless disregard for the likelihood of severe injury resulting from their failure to meet required care standards. Consequently, their actions amounted to gross negligence and willful misconduct.

Additionally, Defendants are liable for the negligent and tortious actions of their agents and employees under the legal doctrine of respondeat superior.

Defense

The Defendants denied allegations of elder abuse, negligence, and violation of the Resident’s Bill of Rights. They asserted affirmative defenses and argued comparative negligence. Defendant Shlomo argued that the complaint did not provide any facts showing that he abused, abandoned, or neglected Plaintiff, Betsy Jentz. He also denied acting in a willful, wanton, or reckless manner towards her. Defendant stated that the complaint lacked specific factual details that would prove he denied or withheld any reasonable, necessary, or appropriate care, treatment, or services from Plaintiff at any relevant time. Thus, he asserted that Plaintiff was barred from any recovery. Defendant claimed that he neither breached nor violated any duty owed to Plaintiff, Betsy Jentz.

Jury Verdict

On February 13, 2024, a twelve-person California jury returned a verdict in favor of the Plaintiff. The jury found that RRT Enterprises L.P. had committed elder abuse against Jentz. However, the jury determined that they had not acted out of malice, oppression, fraud, or malice. The Defendant was held to have been negligent in Jentz’s care. The jury awarded the following damages:

  • Past economic damages (medical expenses): $452,618
  • Past non-economic damages: $551,111
  • Future non-economic loss: $1,285,921

Thus, the total damages awarded were $2,289,650

On February 14, 2024, the California jury did not award any punitive damages to Plaintiff Betsy Jentz in the second phase of the special verdict.

Post-trial Motions

After the verdict, the Defendants filed motions to vacate judgment, for new trial, and for judgment notwithstanding verdict. They argued that the $1.8 million award for noneconomic damages cannot be upheld, as MICRA limits such damages to $250,000. Under MICRA, the law caps the total amount for noneconomic damages in claims against healthcare providers at $250,000.

Court Documents:

Available upon request