Grace Rodriguez, et al. vs. Paramount Convalescent Group Inc.

Parties Involved

  • Plaintiff(s):Grace Rodriguez as Heir and Successor in Interest to Evangeline Rodriguez, Deceased | Grace Rodriguez
    • Counsel for Plaintiff: Dawn Marie Smith | Janine A. Mitchell
    • Experts for Plaintiff(s): David Farrell, MSW, LNHA | Lisa Contreras, DNP, MBA, RN, NHA | Fadi M. Saba, MD

 

  • Defendant(s):Paramount Convalescent Group Inc. dba Paramount Convalescent Hospital
    • Counsel for Defendants: Alexander Fernando Giovanniello

Verdict Information

  • Verdict Date: May 17, 2024
  • Total Damages awarded to Plaintiff: $0

About the Case

Cause

In this elder abuse and wrongful death case involving a COVID-19 outbreak at a nursing home, Grace Rodriguez filed a lawsuit. The suit was against Paramount Convalescent Group Inc., doing business as Paramount Convalescent Hospital, and several unnamed defendants. Grace was actively involved in the care of her 61-year-old sister, Evangeline Rodriguez. Evangeline resided at the skilled nursing facility in Paramount, California.

Evangeline Rodriguez, a dependent adult, suffered from insulin-dependent diabetes mellitus, hypertension, epilepsy, melanoma, and a brain tumor. She was admitted to Paramount Convalescent Hospital on June 20, 2020, due to declining mobility and function related to progressing cancer. Despite being aware of Evangeline’s compromised physical state and her reliance on staff for all activities of daily living, the defendants allegedly neglected her care.

The defendants failed to protect Evangeline from health and safety hazards, such as infections. They did not provide the necessary care, supervision, and an updated care plan tailored to her needs. Additionally, the defendants failed to maintain adequate staffing levels. They also did not ensure that staff members were properly trained, particularly in implementing mandated infection control policies as required by state regulations.

Injury

On December 14, 2020, Evangeline tested positive for COVID-19 and was transferred to the facility’s COVID-19 unit, despite staff initially claiming she did not exhibit symptoms. Just three days later, on December 17, 2020, Evangeline experienced respiratory distress. She was rushed to Lakewood Medical Center, where she tested positive for COVID-19 again. Tragically, Evangeline died on the same day from COVID-19 and sepsis.

The defendants had been cited multiple times by the California Department of Health. These citations occurred in 2018, 2019, and 2020. They were for failing to implement proper infection control policies and procedures, as mandated for nursing homes. This alleged failure resulted in a catastrophic COVID-19 outbreak at the facility, with 92 residents and staff members infected, and 14 deaths, including Evangeline’s.

The lawsuit claimed that the defendants’ deficient care, persistent regulatory violations, and reckless neglect of required infection controls caused Evangeline Rodriguez to contract the fatal COVID-19 illness.

Damages

Grace Rodriguez sought compensatory and punitive damages. She also sought statutory penalties, legal fees, and other remedies for elder abuse, resident rights violations, negligence, and the wrongful death of her sister, Evangeline.

Jury Verdict

The jury found that Paramount Convalescent Hospital was not negligent in providing medical care or treatment to Evangeline Rodriguez. Additionally, the jury determined that the nursing facility did not violate Evangeline Rodriguez’s resident rights as outlined by applicable laws and regulations. However, the jury did not find clear and convincing evidence that any specific employee of Paramount Convalescent Hospital neglected Evangeline Rodriguez through their individual actions.

Court Documents:

Available Upon Request