Professional Negligence Law Reporter

Matthew Farrell suffered a traumatic brain injury after being involved in a motor vehicle collision. After a hospitalization, he was admitted to Solterra at Castle Rock, a skilled nursing facility. At the time of admission, Farrell, who could not move his legs, was completely dependent on the facility for his hygiene, medical treatment, and activities of daily living. The facility allegedly did not reposition Farrell regularly or keep his skin clean and dry, resulting in pressure sores on his buttocks, heels, and sacrum. He also became malnourished, which caused his wounds to deteriorate.

Within two months of his admission, he was transferred to a hospital, suffering from high fever, nausea, and vomiting. There, he was diagnosed as having severe sepsis, necessitating surgical debridement, placement of a wound vac, removal of portions of his coccyx bone, and performance of a muscle flap repair procedure.

Farrell’s conservator sued the facility, alleging negligent failure to develop a treatment plan for Farrell, provide adequate staffing, communicate with physicians, and provide mental health services.

After a bench trial, the court issued an amended judgment for approximately $4.87 million.

Citation: Schwartz v. Castle Rock Senior Living, LLC, No. 2017-CV-030955 (Colo. Dist. Ct. Douglas Cty. Apr. 10, 2020).

Plaintiff counsel: Porya Mansorian, AAJ member Lindsey Daugherty, Jerome Reinan, and Jordana Griff Gingrass, all of Denver.