Antonio Gallegos, An Elder, By And Through his Guardian Ad Litem, Anabel Simpeh vs. Emanate Health Medical Center, A California Corporation, Et Al

On March 14, 2024, the California jury returned the verdict in favor of the elderly Plaintiff, Antonio Gallegos against Queen of the Valley Hospital whose abuse and negligence had caused irreversible injuries and harm to Antonio. The jury awarded $1,835,688.41 in general and special damages.

Case Background

On May 17, 2023, Antonio Gallegos, filed an elder abuse and negligence lawsuit against Queen of the Valley Hospital before the California Superior Court, Los Angeles County. Judges Joseph Lipner and Maurice A. Leiter presided over this case. [Case number: 23STCV11090]

Cause

On May 12, 2022, Antonio Gallegos, who was experiencing dizziness, confusion, and nausea, was taken to Intercommunity Hospital. It was found that he had an adverse reaction to his anxiety medication. On May 13, Antonio signed himself out of the hospital against medical advice and went home.

On May 14, Antonio fell at home due to dizziness and confusion. He experienced severe left hip pain and was admitted to Queen of the Valley Hospital (QOTV), where he stayed until July 6. At QOTV, Antonio could not stand or walk and had severe pain and deformity in his left hip. X-rays revealed a nondisplaced acute intra-trochanteric fracture. He had mild anemia, normal cognition, and a slightly decreasing troponin level.

Antonio required both professional and custodial care upon admission. QOTV, aware of his needs, agreed to provide care according to standards and without neglect. This included assisting with mobility, transfers, dressing, toileting, and bathing.

On May 15, QOTV created a fall risk plan that outlined necessary precautions, including monitoring every six hours, using non-skid slippers, and placing his bed in the lowest position. They also instructed that Antonio should have a bed alarm and be positioned near the nursing station.

On May 17, Antonio had hip surgery with an intramedullary nail inserted. Post-surgery, he was pain-free and his bed was secured. On May 18, he experienced seizure-like activity but recovered. On May 19, he conversed with his family and was scheduled for discharge.

However, on May 20, Antonio suffered an unwitnessed fall. He was found on the floor with head pain. Despite QOTV’s records suggesting precautions were followed, his family believes this documentation was inaccurate. Antonio’s fall, resulting in severe injuries, was due to QOTV’s failure to adhere to care plans and standards.

Injury

The fall severely injured Antonio, causing, among other issues, severe neck pain and intracranial hemorrhage. At 4:40 PM on May 20, QOTV conducted a post-fall assessment. They found Antonio confused, with a Glasgow Coma Score of 14. A neurosurgeon was consulted and recommended a repeat CT scan. After the scan, the neurosurgeon determined that neurosurgery was not appropriate at that time.

A second CT scan at 6:46 PM revealed a small amount of acute posterior left frontal subarachnoid hemorrhage. By May 24, Antonio developed a large bruise on his right hip. On May 22, an MRI showed a comminuted and mildly displaced fracture at the base and body of the dens extending into C2, along with bone edema.

A CT angiography on May 22 confirmed the dens fracture and showed a fragment at C2-3 with bone fragments narrowing the left vertebral artery. On May 27, a CT scan revealed an evolving subacute subarachnoid hemorrhage. It confirmed the dens fracture with a two-millimeter anterior displacement relative to C2. It also identified a fracture through the left lateral mass of C2 and the left transverse foramen, which narrowed the left vertebral artery. A dissection at C2 could not be excluded.

An EEG indicated that Antonio’s fall resulted in a traumatic brain injury (TBI) and acute posterior left frontal subarachnoid hemorrhage. Additionally, Antonio’s family expressed dissatisfaction with his care, noting:
– Infrequent bathing, with dried gel from sensor pads left on his body.
– Unwashed, sticky hair from old sensor pads.
– Lack of shaving, requiring the family to purchase supplies for grooming.
– Poor oral hygiene, with the family providing dental care.
– Delay in receiving clean gowns until requested by the family.
– Loss of Antonio’s left hearing aid by QOTV, which was not replaced.

Damages

Due to QOTV’s abuse and neglect, Antonio endured both economic and non-economic damages. These included physical injuries, pain, and mental suffering. He sought various forms of compensation, including special and general damages, attorney’s fees, litigation costs, and expenses under Welfare and Institutions Code Section 15657.5 (a) and (b). Additionally, Antonio requested any other relief the Court deemed appropriate. Furthermore, as a direct and legal result of the Defendants’ negligence, Antonio continued to experience pain, discomfort, and emotional distress, all contributing to his general damages.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Antonio Gallegos, as an elder
    • Counsel for Plaintiff(s): Tom M. Allen | Erica L. Saltzman
  • Defendant(s): Emanate Health Medical Center dba Queen of the Valley Hospital (QOTV) | Doe Pharmacy 1-10 | Doe Physicians 1-30 | Does 1-300
    • Counsel for Defendant(s): Gregory G. Lynch | Lee M. Thies | Pamela Hayati

Claims

Defendants neglected Antonio as per Welfare and Institutions Code Section 15610.57. They and their employees failed to provide the reasonable care expected from individuals in similar positions. They denied or withheld essential services needed to meet Antonio’s basic needs. This neglect, including both acts and omissions, constituted elder abuse under Welfare and Institutions Code Sections 15610.27 and 15610.57. The negligence could have been prevented by taking a few moments to properly evaluate, monitor, treat, and report his medical and custodial needs. Instead, the Defendants chose not to dedicate this time, allowing Antonio to be neglected. This choice demonstrated malice, oppression, and recklessness as defined by Welfare and Institutions Code § 15657.

It was alleged that QOTV was driven to make false claims about Antonio’s fall to secure funds from his Medicare benefits. This action constituted fraud. More importantly, it involved financial elder abuse against Antonio. Forcing Antonio to pay for injuries and damages fraudulently charged by QOTV represented a wrongful taking and retaining of his personal property. This act constituted financial abuse under Welfare and Institutions Code § 15610.30(a).

Defense

Defendants claimed they were not liable for damages because they did not act with a willful or conscious disregard of Plaintiff’s rights. Additionally, Defendant did not engage in any despicable conduct toward Plaintiff. They also did not commit or omit any acts that would amount to intentional misrepresentation, deceit, or concealment of important facts. There was no intention to deprive Plaintiff of property, legal rights, or cause injury.

Jury Verdict

On March 14, 2024, the California jury rendered the verdict in favor of the Plaintiff. The jury decided in favor of Antonio on the claim of elder abuse as the Plaintiff had been successful in proving the same. However, the jury determined that such elder abuse had not been reckless, malicious, fraudulent, or oppressive.

The jury held that Defendant QOTV was liable for the negligence. The following damages were:

  • Past economic loss: $120,120
  • Past medical expenses: $46,828.41
  • Future economic loss: $268,740
  • Past non-economic loss: $1,000,000
  • Future non-economic loss: $400,000

The jury found no contributory negligence and 100% of Plaintiff’s harm was allocated to Defendant QOTV. The total award came up to $1,835,688.41.

Court Documents:

Available upon request