The lawsuit was filed in response to an alleged sexual assault that occurred while Ms. Woodard was a resident at Willowbrook Residence and Rehabilitation Center in March 2018. According to the plaintiffs, Ms. Woodard was allegedly sexually assaulted by a male resident. The lawsuit alleges that a male resident was found in Ms. Woodard's room undressed from the waist down. The male resident was allegedly forcefully engaging in oral sex with Ms. Woodard.
The plaintiffs allege that Willowbrook was negligent in protecting residents, which resulted in the alleged sexual assault of Ms. Woodard. Records indicate that due to her having Stage IV Parkinson's Disease and Dementia, that Ms. Woodard was not capable of consenting to sexual activity.
"The law acknowledges that nursing home residents have the right to live free of sexual abuse. Ms. Woodard's family brought suit to hold Willowbrook accountable for allegedly violating Ms. Woodard's rights," said the family's nursing home abuse attorney Charles Brown.
In addition to the alleged sexual assault, the plaintiff's claim that Willowbrook leadership and staff made a series of errors in how they managed the alleged assault. It is alleged that Willowbrook staff did not take appropriate measures to contact authorities, get medical treatment for Ms. Woodard, preserve evidence, or notify her family. The Department of Health and Human Services has conducted a thorough investigation into these claims, and it is their opinion that some errors were made.
Willowbrook has responded to the Original Petition by denying that they violated the standards of care. The defendant's Affirmative Defense states that the alleged injuries sustained by 65-year-old Ms. Woodard, if any, were the result of her "own acts or omissions."
The alleged assailant is not named in the lawsuit, but is facing criminal charges. He is due to appear in court on July 26, 2019.
Plaintiff's Family Hopes for Justice
Ms. Woodard's son and daughter are now looking to the District Court to review the allegations made against Willowbrook. If the court finds that the standards of care were, in fact, violated, the plaintiffs hope that the court will hold Willowbrook accountable for any such failures and the harm that their mother allegedly endured.
Ms. Woodard's daughter stated, "I placed my mother in Willowbrook believing that she would get the utmost care, attention, and safety. Instead, my mother suffered. I will not rest until the facility is held accountable."
About Charles Brown - Brown, Christie & Green
Attorney Charles Brown is the Managing Partner at Brown, Christie & Green law firm located in Houston, Texas. Brown, Christie & Green is the largest plaintiff's medical malpractice firm in Texas. Charles is a top-rated trial lawyer, and has consistently been honored and awarded for his work advocating for his clients. Brown, Christie & Green focuses on medical malpractice and nursing home abuse cases. The primary office is located at 712 Main St., Suite 800, Houston, TX 77002. For more information, please visit https://www.medmalfirm.com, or call (800) 600-4210.
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Nursing Home Blames Incapacitated Sexual Assault Victim
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