Professional Negligence Law Reporter

Arcelia Martinez, a 92-year-old woman who suffered from Parkinson’s disease, Alzheimer’s disease, and dementia, lived at the Ivy Creek Healthcare & Wellness Centre. She fell five times while living at the facility; one instance resulted in a fractured femur. She also developed Stage II pressure ulcers.

She sued the home and others, including facility manager Rockport Administrative Services, LLC, alleging that the facility was understaffed. The plaintiff asserted that untrained employees providing nursing services failed to comply with facility policies and procedures due to a purported “lack of time,” which resulted in incomplete charting and led to her avoidable fall.

The jury awarded more than $4.35 million, including $4 million in punitive damages.

Citation: Martinez v. Rechnitz, No. 21STCV40440 (Cal. Super. Ct. Los Angeles Cnty. Aug. 10, 2022).

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

Plaintiff experts: Gregory Yoshida, orthopedics, Torrance, Calif.; and Charlotte Shepard, nursing, Tampa, Fla.

Defense experts: Heidi Capela, nursing, and Sonja Rosen, geriatrics, both of Los Angeles.