$7.75 Million Awarded in California Nursing Home Abuse Case
In 2006, Maria Arellano was a resident of Fillmore Convalescent Center in Fillmore, California. The seventy-one year old woman was the victim of a stroke and was nonverbal. During a routine visit, family members noticed that Ms. Arellano was bruised. They reported the bruising to facility management, but allegedly the facility failed to investigate the incident. The family took action and placed a hidden video camera at the side of Ms. Arellano's bed. The camera caught an employee, Monica Garcia, slapping Ms. Arellano, pulling her around by her hair, bending her neck, fingers, and wrists, and treating her violently when she was in a shower chair.
Garcia was charged for abusing Ms. Arellano and pleaded no contest in February 2009. She received ten days work release as punishment for her crime.
The attorney for the Arellano family tried to settle the case in July 2009 for $500,000 but "they never offered me one dime. They never offered to go to mediation, nothing. There was a lot of arrogance." After a twenty-two day trial, a Ventura County jury deliberated just two days before awarding $7.75 million to Ms. Arellano's family: $2.75 million in actual damages and $5 million in punitive damages. Liability was split among three defendants: 40% to the facility, 40% to owner Eduardo Gonzalez, and 20% to Monica Garcia.
The facility faces yet another lawsuit for abuse of a resident. During the Arellao family ordeal, they Arellanos met resident Daniel Sanchez, who lived across the hall from Ms. Arellano. His family had found bruising and hair-pulling and also suspected abuse. Their case goes to trial in January 2010.
