Professional Negligence Law Reporter

Lovenstein v. Eskaton Fountainwood Lodge, No. 34-2012-00135467 (Cal. Super. Ct. Sacramento Cnty. Apr. 25, 2019).

Barbara Lovenstein, 77, suffered from dementia and had a history of seizures, for which she was prescribed Ativan. While living on the Eskaton Fountainwood Lodge memory care unit for approximately one month, she was administered Ativan almost every day, even though she had not suffered a seizure. When he learned of this, Lovenstein’s doctor instructed the facility to discontinue using Ativan to treat Lovenstein’s purported agitation. The facility continued to do so. While eating a meal one day, Lovenstein choked on her food. She was rushed to a hospital for treatment but never regained her ability to swallow. She died the following month. She is survived by her sister and niece. Lovenstein‘s estate filed suit against the assisted living facility, its property management company, and its parent corporation, alleging elder abuse, joint venture, aiding and abetting, and conspiracy theories. The plaintiff asserted that staff at the facility overmedicated patients to compensate for dangerous understaffing and that corporate officers did nothing about this known understaffing issue.

The jury awarded $42.5 million, including $35 million in punitive damages.

Plaintiff counsel: AAJ members Edward P. Dudensing, and Thomas G.C. McLaughlin, both of Sacramento, Calif.; and AAJ member Jay P. Renneisen, Walnut Creek, Calif.

Plaintiff experts: Kathryn Locatell, geriatrics, Placerville, Calif.; and Christopher Stephenson, physical medicine and rehabilitation, Sacramento.