$790K Settlement Achieved Against a Fresno Residential Care Facility on the Eve of Trial

By Stephen Garcia | June 23, 2022

Garcia & Artigliere elder abuse attorneys Stephen M. Garcia and William M. Artigliere acquired a $790,000 settlement for their elderly client A.H. who suffered severe pressure sores and a fractured hip due to the reckless neglect of a Fresno Residential Care Facility for the Elderly (RCFE).

A.H. was admitted to the facility after multiple hospitalizations relating to her dementia and diabetes conditions. Shortly after her admission, A.H. was transported to a hospital where she was diagnosed with congestive heart failure. She was then readmitted to the RCFE where they were made aware of her high risk for pressure sores and falls.

Several weeks later, A.H. suffered a fall fracturing her hip and had to undergo surgery to repair it. The day after surgery, she was readmitted to the facility where she became more sedentary and less mobile. Despite the facility’s knowledge that A.H. required special assistance, they wrongfully withheld required care and predictably, she developed horrific pressure sores on her tailbone, feet and heels. Sadly, facility staff took steps to conceal A.H.’s condition from her family, and it wasn’t until her daughter visited that she learned the true extent of A.H.’s injuries. Her daughter called 911 and had A.H. transported to the hospital for proper treatment.

Because the defendant had previously sold the facility and had no financial means to pay a judgment, this was a policy limit settlement. The available insurance policy was eroding, which meant that every dollar sent in by the defense came off the available $1 million policy. After three and a half years of litigation and on the eve of trial, Garcia & Artigliere secured the entirety of the policy on behalf of their client.

If you or a loved one has been the victim of elder abuse, contact our attorneys at (800) 281-8515 for a free case consultation.

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