We blogged earlier about the $7.75 million dollar verdict a 71-year-old stroke victim was awarded after she proved to a civil jury that she was abused by caregivers in her nursing home. The lady’s family decided to place a hidden camera near the bed of Maria Arellano, and caught some ghastly footage of an attendant pulling the elderly woman’s hair, bending her fingers and neck, and treating her violently in the shower. Now, as expected, the defendant, Fillmore Convalescent Center, plans on appealing the verdict.
It’s attorney Thomas Beach told the Ventura County Star, “We strongly disagree with the decision and will be taking all appropriate legal steps to set aside the verdict.” Strongly disagree? Of course he disagrees; he told the jury to give her nothing.
What makes this case most interesting is that the plaintiff attorney Greg Johnson made a settlement demand of $500,000 long before the trial. He had compelling video, and a great story, and not only did the nursing home ignore his demand, they never offered him a penny.
If Mr. Beach’s post-trial statements are any indication of how this will play out, it’s not going to be pretty. He states that the family knew of the abuse a year earlier, but didn’t report it. He is now “concerned” as to why it was not reported. Maybe this is a new (risky) theory – blame the family – but if he had such concerns, why didn’t he raise them at trial?
The jury has spoken. The elder abuse victim should be paid.
Source: vcstar.com
The elder abuse and neglect lawyers at the Walton Law Firm represent seniors and dependent adults who have been abused or neglected in the nursing home and assisted living setting. Call (866) 607-1325 for a free and confidential consultation.