Elderly Care Facility Accused of Neglect Leading to Resident's Death

By Northern California Record

A tragic case of alleged elder abuse and neglect has been brought to light with a recent court filing. On August 19, 2024, Mehrzad Attar filed a complaint in the Superior Court of California, County of Santa Clara, against Atria Sunnyvale and several associated entities and individuals. The lawsuit accuses the defendants of severe neglect that led to the death of James Attar.

The plaintiff, Mehrzad Attar, is acting as the successor in interest for his deceased brother, James Attar. According to the complaint, James was a resident at Atria Sunnyvale, a residential care facility for the elderly located at 175 E Remington Dr., Sunnyvale, CA. The lawsuit names multiple defendants including WG Sunnyvale SH LP, Atria Management Company LLC, Ventas AOC Operating Holdings LLC, Atria Senior Living Inc., Ventas Inc., Byron Perryman, Flavio Silva, and Does 1 through 100. The complaint outlines two main causes of action: elder abuse - neglect and survival action - negligence under CCP §377.20.

James Attar had been residing at Atria Sunnyvale when he was informed by a speech therapist on July 11, 2023, that he required a "thickened liquid" diet due to his medical condition. Despite acknowledging this requirement, Atria Sunnyvale allegedly failed to provide such a diet or assist in relocating James to another facility that could meet his needs. Tragically, on August 17, 2023, James choked while eating lunch at the facility and suffered an anoxic brain injury from which he never recovered before passing away on January 6, 2024.

Mehrzad Attar's complaint details numerous allegations against the defendants. It asserts that they were aware of staffing issues and substandard care but chose to ignore these problems in favor of financial gain. The lawsuit claims that "Defendants knew it was substantially certain that ATTAR would suffer injury due to the failure to provide the custodial care and services needed." Furthermore, it alleges that management's focus on increasing profits led to underfunding and understaffing at Atria Sunnyvale.

The plaintiff is seeking general damages according to proof; special damages; attorney’s fees under Welfare and Institutions Code section 15657; punitive and exemplary damages; costs of suit; and any other relief deemed just by the court. This case underscores serious concerns about elder care facilities' obligations to their residents.

Representing Mehrzad Attar are attorneys Benjamin T. Ikuta and Nicholas J. Leonard from Ikuta Hemesath LLP. The case is being reviewed by Judge J. Nguyen under Case No: 24CV445513.

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Elderly Care Facility Accused of Neglect Leading to Resident's Death

Elderly Resident Alleges Severe Neglect Against San Francisco Nursing Facility

By Northern California Record

A harrowing case of elder abuse and neglect has been brought to light in San Francisco. On August 21, 2024, Geri Garcia filed a complaint against the Hebrew Home for Aged & Disabled DBA Jewish Home & Rehabilitation Center, alleging severe neglect and abuse during her stay at the facility.

Geri Garcia, represented by Meyers Law, filed the complaint in the California Superior Court for the County of San Francisco. The lawsuit accuses the Jewish Home & Rehabilitation Center of multiple violations, including elder abuse under Welfare and Institutions Code Section 15600 et seq., violations of the Patient’s Bill of Rights, and negligence.

According to the complaint, Garcia was admitted to the Jewish Home in February 2022 due to ambulatory limitations requiring assistance with daily activities. Initially a relatively healthy 83-year-old, Garcia's condition deteriorated significantly due to what she claims was reckless neglect by the facility's staff. One of the most alarming incidents occurred on November 18, 2022, when Garcia fell from an ill-fitting wheelchair in an unsupervised activities room. She lost consciousness and sustained severe injuries, including a traumatic brain injury and symptoms resembling Parkinson’s disease. The staff allegedly moved her while she was unconscious and called her daughter instead of immediately seeking emergency medical help.

The complaint further details ongoing neglect throughout Garcia's stay at the facility. Despite repeated complaints about urinary tract infections that required IV antibiotics due to their severity, staff allegedly ignored her concerns. This pattern of neglect forms part of what Garcia describes as "an ongoing practice" at the Jewish Home.

Garcia's legal team argues that these actions constitute elder abuse under California law because they involved reckless disregard for her safety and well-being. They also claim that her rights under various state statutes were violated, including her right to be informed about available services and her total health status. The lawsuit seeks non-economic damages exceeding $25,000 for pain and suffering, medical expenses according to proof, prejudgment interest where applicable by law, attorneys' fees under Welfare and Institutions Code Section 15657(a) and CCP Section 1021.5, treble damages pursuant to Civil Code Section 3345 due to despicable conduct directed toward an elderly person, punitive damages for malicious or oppressive behavior by defendants, costs of suit against all defendants, and any other relief deemed just by the court.

The case is being handled by Ashley Meyers from Meyers Law Offices representing Geri Garcia. The case ID is CGC-24-617442.

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Elderly Resident Alleges Severe Neglect Against San Francisco Nursing Facility