San Antonio-area woman wins nearly $8.5M after jury finds Netflix documentary defamatory

By Patrick Danner

Former attorney Phil Ross defended himself during a nearly two-week trial over allegations that he and another defendant defamed Seguin guardian Tonya Barina by statements they made for a 2020 Netflix documentary on guardianships.

San Antonio Express-News file photo

A Bexar County jury awarded nearly $8.5 million in damages to Seguin guardian Tonya Barina in her defamation lawsuit over a Netflix documentary that falsely portrayed her as exploiting an elderly man.

Jurors deliberated into Monday evening before reaching the verdict after a nearly two-week trial over “Guardianship Inc.,” a 2020 episode of Netflix’s “Dirty Money” documentary series. Although Netflix and the documentary’s producers settled with Barina before trial, former San Antonio attorney Phil Ross and Jo Ann Rivera, Ross’ former associate, remained in the case and represented themselves at trial.

The lawsuit stemmed from a yearslong legal battle over the guardianship of one-time San Antonio businessman Charles Thrash, Barina’s great-uncle. Also named as defendants were Laura Martinez, whose marriage to Thrash was later annulled, and her children, Brittany, Michelle and Joe Martinez. Ross represented the Martinez family during the guardianship litigation before surrendering his law license in lieu of discipline stemming from his role in the guardianship.

Before the case went to the jury, state District Judge Nadine Nieto directed a verdict against the Martinez family after none of them presented a defense at trial. 

The jury found Ross, Rivera, the Martinez family and Netflix defamed Barina by falsely portraying her as exploiting Thrash and awarded her $6 million in actual damages and almost $2.5 million in punitive damages.

Assigning blame

After finding Barina had been defamed, jurors assigned percentages of responsibility to each defendant and to Netflix, which settled before trial.

They assigned responsibility as follows: Ross, 30%; Netflix, 27%; Laura Martinez, 20%; Rivera 10%; Brittany Martinez, 8%; Michelle Martinez, 4%; and Joe Martinez, 1%.

Before closing arguments, Nieto declined to remove Netflix from the apportionment question despite a request from Barina’s lawyers. But because Netflix resolved Barina’s claims before trial, no liability can be attached to it. 

The jury also awarded punitive damages of $1 million against Ross, $200,000 against Rivera, $500,000 against Laura Martinez and $250,000 each against Brittany, Michelle and Jose Martinez.

“This verdict totally vindicates Tonya Barina and establishes she took no money from Charlie Thrash, nor was she ever involved in guardianship abuse,” her lawyers, Glenn Deadman and Carl Kolb, said in a statement. “The verdict shows that Ross, Rivera and the Martinez clan intentionally defamed Ms. Barina.”

Ross said he and Rivera intend to seek a new trial or appeal, arguing the judge improperly excluded evidence and that the verdict was unsupported by the evidence.

‘Crime of 21st century’

The lawsuit centered on “Guardianship Inc.,” a documentary that featured the Thrash guardianship and another case while portraying guardianship abuse as “the crime of the 21st century.” Barina alleged the episode falsely depicted her as exploiting Thrash and destroyed her reputation and banking career. The documentary was later taken off the air.

Thrash, now 88, owned a San Antonio automotive repair shop and amassed an estate valued at $3 million to $6 million before he was placed under a court-ordered guardianship after being diagnosed with dementia.

The guardianship sparked years of contentious litigation between Barina and Ross, who represented Laura Martinez and her family in challenging the court-appointed guardians.

Among the statements jurors were asked to consider were Ross’ assertions that what was happening to Thrash was “a crime,” that he was the victim of “textbook” guardianship abuse and that his estate was being exploited by the people appointed to manage it.

Jurors also considered whether Rivera defamed Barina by promoting the documentary and related allegations on a Facebook page called “The Journey of Charlie Thrash.” Barina alleged the posts republished the documentary’s false claims and further damaged her reputation.

Closing arguments

During closing arguments, Ross told jurors he was exercising his constitutional right to free speech and that his statements in the documentary were true, not defamatory. He said he had no role in producing the documentary beyond giving interviews.

Ross argued the verdict would have consequences beyond the case, saying it could discourage people from speaking to journalists. 

“Whatever happens in this trial is going to send a message to anybody that wants to talk to a reporter,” he said. 

Rivera likewise denied defaming Barina, saying she neither created false statements nor acted with malice.

“I’m not responsible for this,” Rivera said during her closing arguments. “I didn’t defame her. I haven’t been malicious. I didn’t create lies.”

Kolb argued the documentary omitted an important part of the story. About 10 months before it aired, a probate judge sanctioned Ross and Laura and Brittany Martinez in connection with the guardianship litigation. Kolb said leaving out those findings made the documentary misleading.

Deadman said that after Ross and the Martinez family lost in the courts, they went to “the court of public opinion” to get Barina removed as guardian. 

Deadman also urged jurors not to be swayed by Ross’ free-speech argument, saying the case was about accountability for false statements rather than the right to speak.

“Put a number in there that will redeem this lady’s reputation and get it published throughout the world,” he said. “Send a message.” 

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San Antonio-area woman wins nearly $8.5M after jury finds Netflix documentary defamatory

3 family members accused of stealing $1M from vulnerable 88-year-old in Bellevue

by Lynnanne Nguyen

BELLEVUE, Wash. — Three people are facing charges after Bellevue police say they used a power of attorney to drain more than $1 million in assets from an elderly family member, with that money going toward a new home in Kent, home improvement projects and shopping, among other expenses.

The victim, an 88-year-old woman with a medical condition, was reportedly left with no funds for her own care and had to be moved into a state-funded assisted living facility, according to police.

Bellevue police say the woman's nephew, 58-year-old Abner Eng, along with his wife, Manivone Misaengsay, and his son, Evun Eng, took advantage of their power of attorney to quickly sell off her assets for their own benefit.

Police allege the suspects quickly positioned themselves to control the woman’s finances.

"The day they get power of attorney, they end up quickly transferring the home to their care to sell, then sell off and benefit from that," said Capt. Ryan Parrott with the Bellevue Police Department. "So immediately after getting that power of attorney, they're already moving to sell the home and to start taking bank accounts."

Adult Protective Services alerted Bellevue police to the case in June 2024, after another family member reported suspicions to authorities. Investigators say the case has been under investigation for more than two years as they requested various search warrants to search through bank records and build their case.

"They're taking that money, now buying things for themselves, paying off bills, purchasing items for a catering business," Parrott said.

Parrott said the case is a stark example of financial exploitation by people the victim should have been able to trust.

"In this case, you're talking about family members who came in, someone you should trust," Parrott said. "And then the family members took advantage of that."

Police say another family member now has guardianship over the elderly victim. Eng and his family face charges of money laundering and theft from a vulnerable adult.

During the trio's court hearing Tuesday, defendants admitted to their role; Abner Eng, along with his wife, Manivone Misaengsay, were present.

Evun Eng was out on bond; his attorney waived his arraignment because the attorney was on vacation. Eng is expected to have his arraignment next week.

Bellevue police urged community members to stay vigilant for signs of abuse toward older or vulnerable adults, including staying connected with loved ones, monitoring bank accounts and helping protect valuables. Anyone who suspects abuse should report it immediately by calling 911 and notify adult protective services or a trusted health care provider, police said. 

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3 family members accused of stealing $1M from vulnerable 88-year-old in Bellevue 

Oak Park Man Arrested After Alleged Knife Attack on Elderly Victims

Ventura County Sheriff's deputies arrested an Oak Park man following an alleged domestic violence incident involving elderly family members.

by Ventura County Sheriff

Ventura County Sheriff’s deputies arrested an Oak Park man after he carried out a violent knife attack against his elderly mother and stepfather inside their home Thursday evening, leaving the 80-year-old victim injured.

On July 30, 2026, deputies responded to a report of an assault with a deadly weapon at a residence in the 5900 block of E. Sunny Vista Ave. in Oak Park. A 911 caller reported that her adult son was attacking her husband with a knife.

Deputies arrived quickly, and upon entering the residence, deputies found the suspect, Chad Nelson, standing over his injured 80-year-old stepfather, who was lying on the living room floor bleeding from multiple injuries.

Deputies immediately detained Nelson and allowed Ventura County Fire Department personnel and American Medical Response personnel to enter and provide emergency medical care for the injured victim.

While deputies were escorting Nelson from the residence, the victim spontaneously stated, “You saved my life,” indicating he feared he would have been killed had deputies not intervened.

The investigation determined Nelson allegedly became enraged at the victims following a family discussion. Nelson then armed himself with an approximately 10-inch butcher knife from the kitchen, advanced toward the mobility-impaired victim, and assaulted him with the knife. The victim sustained multiple non-life-threatening injuries and was transported to a local hospital for treatment.

Following the investigation, Chad Nelson was arrested and booked into the Ventura County Pre-Trial Detention Facility for the following felony offenses:

• Assault with a Deadly Weapon (Penal Code § 245(a)(1))
• Battery Causing Serious Bodily Injury (Penal Code § 243(d))
• Felony Elder Abuse (Penal Code § 368(b)(1))

Nelson remains in custody at the Ventura County Pre-Trial Detention Facility with bail set at $200,000. He is scheduled to appear in Ventura County Superior Court on Aug. 3, 2026, at 1:30 p.m.

The Ventura County Sheriff’s Office reminds the public that domestic violence can affect victims of any age. Violence against elderly family members is a serious crime, and deputies remain committed to protecting vulnerable members of our community and holding violent offenders accountable. 

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Oak Park Man Arrested After Alleged Knife Attack on Elderly Victims 

Hayward woman charged with shoving 78-year-old woman from sidewalk, killing her

 By Nate Gartrell

HAYWARD — A resident has been charged with elder abuse and involuntary manslaughter for allegedly shoving a 78-year-old woman into the street, leading to her death at a hospital three days later. 

Veronica Medina, 36, was originally charged with elder abuse after the June 28 confrontation. When Pamela Cox died from her injuries, prosecutors refiled the case with the manslaughter charge.

Medina is out of custody while the case is pending and is expected to enter a plea in late August.

Police say Medina and Cox got into an argument on the 1400 block of 171st Avenue. Video from a neighbor’s security camera reportedly showed that Medina walked up and shoved Cox, who stumbled off the sidewalk and fell into the street, hitting the back of her head. She was knocked unconscious, suffered a traumatic brain injury, and died after being taken off life support on July 1, records show.

Medina told police that Cox had grabbed a child on a bicycle, sparking the initial confrontation, and that Medina shoved Cox to prevent her from coming into her yard. Police say the video contradicted Medina’s claims that Cox was the aggressor. 

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Hayward woman charged with shoving 78-year-old woman from sidewalk, killing her 

Milwaukee man charged, accused of violently attacking 99-year-old woman inside her home

 By: CBS 58 Newsroom

MILWAUKEE (CBS 58) -- Macias made his initial appearance in Milwaukee County Court on Saturday, August 1, where a Judge set a $150,000 cash bond for the defendant. 

Milwaukee County Circuit Court

The judge also issued a no contact order, and ordered Macias to maintain absolute sobriety, and said he could be in no possession of dangerous weapons or firearms.

Macias is due back in court Friday, August 7, for a preliminary hearing.

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Concerns raised about conditions inside Pennsylvania nursing home: "Heartbreaking"

A woman searching for rehabilitation care says she walked away heartbroken after touring Rochester Manor and Villa, and a former maintenance director says he repeatedly warned management about problems inside the building. KDKA's Shelley Bortz reports.  

Source:
Concerns raised about conditions inside Pennsylvania nursing home: "Heartbreaking"

 

Michigan AG Dana Nessel sues nursing home operator

Michigan Attorney General Dana Nessel called the care and sheer number of violations against a Southeast Michigan nursing home operator "atrocious." 

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Michigan AG Dana Nessel sues nursing home operator  

AG Nessel Files Lawsuit Against Nursing Home Operator for Violating Medicaid False Claim Act, Failure of Care of Residents

July 30, 2026

LANSING – Today, Michigan Attorney General Dana Nessel announced a civil cause of action (PDF) filed against Fahim Uddin, Pioneer Health Care Management doing business as Legacy Healthcare Management, and nine nursing home facilities located throughout southeast Michigan for violations of the Michigan Medicaid False Claim Act. The complaint alleges Uddin and his companies accepted more than $111 million in Medicaid reimbursement while failing to maintain staffing levels necessary to provide the services for which they billed. The Attorney General contends that this intentional failure of care placed hundreds of nursing home patients at risk of harm while Uddin operated related companies to enrich himself.

“While our case is focused on staffing data, there is a real human cost to the defendants' choices and their failure of care,” said Attorney General Nessel. “The consequences of chronic understaffing placed vulnerable residents at unnecessary risk of harm, violated their rights, and resulted in numerous injuries. I would like to thank the U.S. Department of Health and Human Services, Office of Inspector General for their valuable assistance in this matter. My office remains committed to doing all we can to hold long-term care facilities accountable to ensure residents receive the high-quality care they deserve.”

"The complaint highlights two critical barriers to ensuring quality of care and life for nursing home residents: understaffing and related party transactions,” said Alison Hirschel, director of the Michigan Elder Justice Initiative. “We’re grateful to the Attorney General for seeking to hold nursing homes accountable.”

The civil complaint follows a 2-year investigation that began in October 2024 into chronic, severe understaffing at nine Michigan facilities owned and operated by Uddin:

• Ashley Healthcare Center and Riverside Healthcare Center in Gratiot County;
• Heritage Manor Nursing & Rehab Center, Northville Manor, and Pine Creek Manor Skilled Nursing & Rehab Center in Wayne County;
• Lakeside Manor Nursing & Rehabilitation Center and Regency Manor Nursing & Rehabilitation Center in Macomb County; and
• Oakland Manor and Oakridge Manor Nursing & Rehab Center in Oakland County.

Under the Michigan Medicaid False Claim Act, failure of care occurs when a nursing home, or nursing home owner and operator, knowingly provides care which is so substandard that it fails to meet the minimally required standards for Medicaid reimbursement, despite submitting claims that indicate otherwise. Attorney General Nessel alleges in the complaint that across the nine facilities, licensed for 508 beds and housing an average of 394 residents, the defendants failed to meet their minimal staffing requirements based on the acuity needs of their residents approximately 96% of the time.

Michigan law requires per-shift minimum ratios to ensure care and services are not concentrated in a single period. It is alleged that the defendants failed to meet these shift ratios on at least 496 instances. Michigan law also requires a nursing home to provide staff sufficient to provide not less than 2.25 hours of nursing care per resident, per day. It is further alleged that the defendants operated below the per resident, per day threshold on 1,454 occasions – higher than any other nursing home chain with four or more facilities in Michigan during this period. On at least 4,658 occasions, the defendants also allegedly failed to staff a registered nurse for at least eight consecutive hours a day, seven days a week, as required by federal law.

Between 2020 and 2025, the defendants billed Medicaid a total of $111,216,862. The Attorney General contends the defendants submitted claims for services that were not provided in accordance with Medicaid requirements and is seeking the full amount received by the defendants as a result of their alleged wrongful conduct – plus triple that amount, as well as a penalty of $5,000-$10,000 for each violation.

This matter is being handled by the Department of Attorney General’s Health Care Fraud Division (HCFD), with the assistance of the U.S. Department of Health and Human Services Office of Inspector General. The HCFD is the federally certified Medicaid Fraud Control Unit for Michigan, and it receives 75% of its funding from the U.S. Department of Health and Human Services under a grant award totaling $5,517,524.00 for the fiscal year 2026. The remaining 25% percent, totaling $1,839,170.00, is funded by the State of Michigan. 

Source:
AG Nessel Files Lawsuit Against Nursing Home Operator for Violating Medicaid False Claim Act, Failure of Care of Residents

Nursing Home Operator Sweetwater to Pay State $15M for Staffing Failures

By Amy Stulick 

California-based nursing home operator Sweetwater Care Resource and its affiliates must pay $15 million after failing to adequately staff its nursing homes.

About $12.5 million includes penalties and $2.5 million will go toward improving staffing and employing a compliance monitor for three years, according to a settlement filed by the state attorney general’s office.

The deal affects 22 of the original 27 defendants named in the lawsuit. Limited liability companies Sweetwater Care OPCO, AJC Healthcare and JBG Partners were dismissed from legal action, as well as James Gamett, managing partner of Sweetwater Private Equity, and Aaron Chesley, named as co-founder of Sweetwater Care in Carlsbad, according to a report from the San Diego Union-Tribune.

The remaining 22 limited liability companies are subject to the settlement’s stipulations.

Christopher Cherney of Skilled Review Consulting will serve as Sweetwater’s compliance monitor, with real-time access to facility electronic records. Quarterly announced and unannounced site visits or “desk audits” of operations are also required as part of the settlement, according to the Union-Tribune.

State investigators found more than 14,000 instances of inadequate staffing among Sweetwater nursing homes between 2021 and 2024, according to a case filed more than a year ago.

The inadequate staffing of Sweetwater’s 17 facilities, mostly located in rural areas, led to delayed care and patient harm, according to the case. Residents were exposed to preventable neglect, abuse and injuries including fractured bones that went days without assessment or medical care, according to the state.

Each facility must document resident bed repositioning to prevent skin breakdowns, full body checks, bathing, fluid intake to prevent dehydration, dental evaluations and all reports of suspected resident abuse, as part of the settlement.

Quarterly reports are also required for the following quality measures: falls with major injuries, pressure ulcers, UTIs, catheter use, decline in ability to perform activities of daily living, antipsychotic medication use, decline in mobility, and hospitalizations and ED visits per 1,000 days of care provided.

“This settlement is a step in the right direction for Sweetwater Care and it underscores the California Department of Justice’s commitment to standing against any form of Medi-Cal fraud or elder abuse,” California Attorney General Rob Bonta said in a statement. “We will continue to hold accountable those who put profits over patients.”

Nursing homes in the state must provide a minimum of 3.5 direct care service hours per resident day from nurses and certified nurse aides (CNAs), 2.4 of which must be CNAs.

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Nursing Home Operator Sweetwater to Pay State $15M for Staffing Failures