The Breakers of Long Beach Faces Elder Abuse Charges in Court
The Breakers of Long Beach, an elder care facility that is the major tenant of the historic Breakers Hotel building, has been ordered by a judge to pay $400,000 to a woman who suffered injury to her spine after she fell while living at the facility.
This is not the first negligence or abuse case that The Breakers has faced. Court records show two other elder abuse or negligence cases were filed against the facility last year. One of the cases has been settled, and the other is still in settlement talks, which involved a serious case of neglect in which an elderly resident died. If talks in that elder abuse case fail, it will go to trial in September of this year.
Attorneys who filed the elder abuse cases against The Breakers say that the facility’s owners were too willing to take rent payments from tenants who needed more care than an assisted living facility could offer.
“The problem is, you have people who, in my mind, are real estate investors,” said attorney Bill Artigliere, a member of a Long Beach law firm that has filed one of the cases against the Breakers. “They’re just not in the care industry. They’re not into the care of the elderly. They’re into putting heads into beds.”
In the most recent case, Georgia Vickery reportedly had a high risk of falling when she was admitted as a resident of The Breakers. She had a history of hip and femur fractures, and needed a high level of care and attention. Records show that she fell on March 2nd of last year, but her injuries were neglected until March 5th, when she was finally sent to the hospital.
“If Miss Vickrey was OK for admission on Day One, she wasn’t by the time she left,” her attorneys said in a statement.
Last month’s court decision in favor of Vickery deemed The Breakers liable for her injuries because of elder abuse and neglect.
The other lawsuit, currently in settlement talks, involves victim Charles Flake, who died after a cut on his leg became infected. Although The Breakers called 911 immediately after he received the cut, the 90-year-old resident should have received in-home care to help recuperate from his injuries. An investigation from the Department of Social Services stated that both The Breakers and the home care agency were at fault for improper documentation of Flake’s injury, as well as miscommunication leading to negligent treatment.
“The basis of my complaint is my uncle was admitted there and dead within 30 days,” niece Cheryl Mes said. “The cause of his death was an ulcerated leg wound.”
“It’s our contention they should have gotten him out instead of collecting the money,” Santa Ana-based elder care attorney Michael Moran said.
The Attorneys at the Strom Law Firm Prosecute Elder Abuse
If your loved one has physically suffered, or died wrongfully, because an in-home caregiver or registered nurse in a nursing home has neglected the patient, you may have an elder abuse case. The attorneys at the Strom Law Firm understand the sensitive nature of elder abuse cases, and will treat you with respect and compassion. It is important to fight felony elder abuse so you, your family, and others no longer suffer because of criminal behavior. We offer free, confidential consultations to discuss the facts of your case. Contact us today for help.803.252.4800
