Elder Abuse Suit Settles for $3.5M
Table of Contents
Case Background
In November 2023, Glenda Harrison, age 75, entered NeuroRestorative California, a congregate living health facility in La Mesa, California. She required medication management, wound care, and therapy after a hospital stay. Defendants, including CareMeridian LLC, National Mentor Healthcare LLC, and Administrator Cassandra Duron, operated and managed the facility. Harrison relied on staff for daily care, oxygen monitoring, and airway management.
Cause
Harrison carried a known risk of aspiration due to Parkinson’s disease and prior choking episodes. Hospital discharge instructions required oral suctioning to clear her secretions. Despite this, Defendants failed to implement a care plan addressing the risk. On May 5, 2024, Harrison’s son noticed gurgling during a phone call and demanded suctioning. Staff reassured him but delayed intervention. Over May 5 and 6, her oxygen saturation repeatedly dropped to critical levels. Staff ignored physician notifications, delayed suctioning, and withheld emergency hospital transfer. She remained in respiratory distress for hours before paramedics were finally called.
Injury
Harrison’s oxygen dropped as low as 70%. She developed aspiration pneumonia, sepsis, and suffered an anoxic brain injury. At the hospital, she went into cardiac arrest and required resuscitation. Blood clots obstructed her airway. She was placed in the ICU on a ventilator. Despite trials to wean her off ventilation, she remained in a coma, unresponsive to voice or stimuli.
Damages
The complaint alleged severe physical pain, emotional suffering, and permanent disability. Harrison’s family claimed she required continuous medical care and faced irreversible loss of quality of life. They sought compensation for past and future medical costs, attorney’s fees, and punitive damages, citing reckless corporate practices.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Glenda Harrison | Matthew Harrison (Guardian ad Litem)
Counsel for Plaintiff(s): Lisa Trinh Flint | Michael F. Moran | Ayman A. Bahrun
Defendant(s): CareMeridian LLC dba NeuroRestorative California | NeuroRestorative California | National Mentor Healthcare LLC | Cassandra Duron
Counsel for Defendant(s): Douglas C. Smith | Christopher P. Romero
Claims
Count I – Elder Abuse: Plaintiffs alleged Defendants neglected and abandoned Harrison, violating the Elder Abuse and Dependent Adult Civil Protection Act by failing to provide adequate care, supervision, and emergency response.
Count II – Negligence: Plaintiffs alleged Defendants failed to meet professional and statutory duties, including monitoring, staffing, and emergency transfer requirements.
Count III – Willful Misconduct: Plaintiffs claimed Defendants knowingly understaffed and ignored Harrison’s deteriorating condition, consciously disregarding her safety for financial gain.
Together, these claims sought general, special, and punitive damages, plus attorney’s fees, to hold Defendants accountable for Harrison’s injuries.
Defense
The Defendants CareMeridian, LLC dba NeuroRestorative California, National Mentor Healthcare, LLC, and Cassandra Duron filed a general denial, disputing each and every allegation in Glenda Harrison’s complaint. They argued the Plaintiff did not sustain injuries or damages as alleged and claimed the action itself was frivolous, filed without a good faith basis, and therefore subject to dismissal with costs and attorney’s fees.
They also raised numerous affirmative defenses. These included contributory and comparative negligence, asserting that any injuries were partly caused by Harrison’s own actions or those of other parties. They argued that intervening and superseding causes broke the chain of liability and that they were entitled to indemnification and contribution from others. Further, Defendants alleged failure to mitigate damages, proportionate fault limits under Proposition 51, statutory protections such as Civil Code §§ 3333.1 and 3333.2, and defenses of estoppel, waiver, res judicata, and lack of standing. They also invoked statutes of limitation and claimed immunity under Civil Code § 1714.8, aiming to reduce or bar liability altogether.
Settlement
On May 29, 2025, Plaintiff Glenda Harrison, through her Guardian ad Litem, reported a global settlement. The agreement resolved all claims against NeuroRestorative California, CareMeridian LLC, National Mentor Healthcare LLC, and Cassandra Duron. The parties set a conditional dismissal deadline of July 31, 2025. The settlement totaled $3,500,000. Plaintiff filed a request for dismissal with prejudice on July 29, 2025. The San Diego Superior Court entered dismissal on July 30, 2025, before Judge Joel R. Wohlfeil, Department 73. The resolution closed the case, Case No. 24CU010861C, without a trial.
Court Documents
Court documents are available for purchase upon request at Jurimatic@exlitem.com