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Elder abuse

November/December 2021

Guillermina Ruvalcaba suffered from various health conditions, including dementia and neuropathy. She had also undergone bilateral leg amputations. After being hospitalized for diabetic ketoacidosis, she was admitted to Hacienda Heights Healthcare & Wellness Centre, an unlicensed skilled nursing facility. Her admission assessment indicated that she was at risk of falling due to her amputations.

Approximately a month later, she wheeled herself without assistance to the facility’s day room. While unsupervised, she fell out of her wheelchair and suffered a subarachnoid hemorrhage. An investigation into the incident led to a nursing director’s determination that Ruvalcaba’s fall was unavoidable.

Ruvalcaba remained at Hacienda Heights for several more months as a result of her injuries. Her mental status has not returned to what it had been before the fall.

Ruvalcaba filed suit against Hacienda Heights Healthcare and Wellness Centre, LP, and Rockport Administrative Services, LLC—which contracted with Hacienda Heights to provide professional services—alleging elder abuse.

The jury awarded the plaintiff over $755,100, including $600,000 in punitive damages and more than $80,100 in economic damages. The jury apportioned liability at 70% to Rockport Administrative Services and 30% to Hacienda Heights.

Citation: Ruvalcaba v. Rechnitz, No. 20STCV27182 (Cal. Super. Ct. Los Angeles Cty. May 18, 2021).

Plaintiff counsel: Stephen M. Garcia and AAJ member William M. Artigliere, both of Long Beach, Calif.