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1WENDY C. YORK, SEN 166864
REBEKAH R. GIBSON, SBN 252111
2 York Law Corporation
1111 Exposition Blvd., Bldg 500
3 Sacramento, California 95815
Ph: (916) 643-2200
4 Fax:(916)643-4680
5 Attorneys for Plaintiffs, MARTINA K. ZUBEIDI,
an individual and as Successor in Interest of
6 ERNEST HUDDLESTON (Decedent)
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SACRAMENTO
10 EDITH M. HUDDLESTON and MARTINA K.
ZUBEIDI, as individuals and as Successors in CASE NO: 34-2008-00008404
11 Interest of ERNEST HUDDLESON (Decedent)
PLAINTIFFS' THIRD AMENDED
12 COMPLAINT FOR:
Plaintiffs,
13
vs I. NEGLIGENCE;
14 II. ELDER ABUSE/NEGLECT;
SAINT CLAIRE'S NURSING CENTER, INC. III. NEGLIGENCE PER SE;
15 and DOES 1 through 50 inclusive. IV. FRAUD/MISREPRESENTATION;
V. UNFAIR BUSINESS PRACTICES; &,
16 Defendants. VI. WRONGFUL DEATH
17
18
19 EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI, as individuals and as Successors
20 in Interest of ERNEST HUDDLESTON, decedent, by and through their attorneys, hereby complains
21 of defendants, and each of them, and for causes of action allege as follows:
22 PRELIMINARY ALLEGATIONS
23 1. This is a nursing home neglect case filed by EDITH M. HUDDLESTON and
24 MARTINA K. ZUBEIDI, as individuals and as successors in interest of ERNEST
25 HUDDLESTON, (hereafter referred to as "Decedent") for elder abuse and neglect, negligence,
26 negligence per se, unfair business practice, fraudulent misrepresentation, wrongful death and
27 related claims against the nursing home charged with his care. Decedent ERNEST
28 HUDDLESTON sustained serious injuries that led to his death, including but not limited to severe
1
COMPLAINT
1 dehydration, overmedication resulting in decreased level consciousness, multiple falls resulting in
2 a hip fracture, untreated bedsore on his heel, untreated urinary tract infections and sepsis.
3 2. Plaintiffs, EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI are successors
4 in interest of Decedent, ERNEST HUDDLESTON. Plaintiff, EDITH M. HUDDLESTON
5 succeeds to these causes of action as trustee for the Estate of ERNEST HUDDLESTON. Plaintiff,
6 MARTINA K. ZUBEIDI brings this complaint, in part in the capacity of successor in interest, and
7 in part on her own behalf.
8 3. Plaintiffs EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI both reside in
9 the County of Sacramento.
10 4. At all times mentioned, Defendant SAINT CLAIRE'S NURSING CENTER,
11 (hereinafter referred to as "SAINT CLAIRE'S") was and is in business of providing long-term
12 care as a twenty-four hour facility as defined in Section 1250(d) of the Health & Safety Code and
13 in section 87101(r)(5) of Title 22 and subject to the requirements of state law, and was at all times
14 mentioned doing business at 6248 66th Ave., Sacramento, California as a skilled nursing facility
15 and "care custodian" (Welfare and Institutions Code section 15610.17). Defendant, SAINT
16 CLAIRE'S is located and does business in Sacramento County.
17 5. Decedent, ERNEST HUDDLESTON was an 87-year-old gentleman who up until
18 his admission at SAINT CLAIRE'S resided with his wife and daughter. Decedent ERNEST
19 HUDDLESTON was admitted on or about May 25, 2007 to SAINT CLAIRE'S, a skilled nursing
20 facility. At the time of his admission he had a history of diabetes, chronic renal insufficiency,
21 hypertension, hypothyroidism and mild dementia. Decedent was admitted to the facility to
22 receive supervision, twenty-four hour care for rehabilitation from bilateral knee surgery.
23 6. The Decedent resided at SAINT CLAIRE'S, where he was supposed to receive total
24 care, until his death on September 29, 2007.
25 7. Plaintiff, MARTINA ZUBEIDI, the daughter of Decedent, had power of attorney at
26 the time of decedent's residency at SAINT CLAIRE'S and was the responsible party for all of
27 Decedent's heath-care decisions.
28
COMPLAINT
1 8. Under the provisions of Welfare and Institutions Code §§15610.23 and 15610.27,
2 Decedent ERNEST HUDDLESTON was at all times mentioned an "elder" and "dependent adult".
3 9. Plaintiffs are informed and believe that Defendant, SAINT CLAIRE'S is a privately
4 owned company doing business in the State of California as SAINT CLAIRE'S NURSING
5 CENTER, INC.
6 10. The true names and capacities of the defendants named herein as DOES 1 through
7 50, inclusive, whether individual, corporate, associate, or otherwise, are unknown to Plaintiffs,
8 who therefore sue such defendants by fictitious names pursuant to Code of Civil Procedure section
9 474. Plaintiff is informed and believes that said DOE defendants are California residents, and
10 Plaintiff will amend this Complaint to show such true names and capacities when they have been
11 determined.
12 11. At all times mentioned herein, each and every defendant was the agent and
13 employee of each and every other defendant; and, in doing the things alleged, was acting within
14 the course and scope of such agency and employment; and, in doing the acts herein alleged, was
15 acting with the consent, permission and authorization of each of the remaining defendants. All
16 actions of each defendant herein alleged were ratified and approved by the officers or managing
17 agents of every other defendant.
18 12. Plaintiffs are informed and believe, and thereby allege, that each of the defendants
19 herein were at all times relevant hereto the agent, managing agent, employee or representative of
20 the remaining defendants and was acting at least in part within the course and scope of such
21 relationship.
22 13. The Decedent, ERNEST HUDDLESTON, became a resident of Defendant SAINT
23 CLAIRE'S, a skilled nursing facility, because he suffered physical infirmities as a senior citizen
24 with multiple health conditions including mild dementia and was rehabilitating from bilateral knee
25 surgery. As a result of Decedent's physical condition, he was totally dependent upon defendants
26 and SAINT CLAIRE'S for his complete care.
27 14. Throughout the Decedent's residence at SAINT CLAIRE'S it was the duty of
28 defendants to provide the Decedent with nursing care, guarantee his freedom from mental and
3
COMPLAINT
1 physical abuse, to treat him with consideration, respect and full consideration of his dignity and
2 individuality, to monitor his health and care plan, to keep him and his responsible party informed
3 of his medical status, to protect him from dangerous conditions, to protect him from abuse, and to
4 monitor him, among others. Defendants also owed a duty to Decedent and his family to disclose
5 all material facts that might influence him and his family on whether SAINT CLAIRE'S could
6 properly care for Decedent, including the duty to disclose whether SAINT CLAIRE'S had a
7 history of neglect, abuse or prior regulatory citations.
8 15. On or about August 5, 2007, Decedent suffered a fractured hip as the result of
9 falling out of his bed. Despite suffering a fractured hip, which is a very serious and life
10 threatening injury, Decedent was not taken to the hospital, his family was not contacted and no
11 physician was consulted. Instead, Defendant was placed back into his bed and left in excruciating
12 pain. It was not until the following morning when his family came to visit and they noticed a
13 marked change in his physical well being and demanded medical attention and that defendants
14 have Decedent transferred to the hospital for medical attention where x-rays confirmed that he was
15 suffering from a broken hip.
16 16. On August 5, 2007, ERNEST HUDDLESTON was admitted into Mercy General
17 Hospital for a hip fracture after a fall he had at SAINT CLAIRE'S during the previous night. He
18 also complained of foot pain at the time of examination and a 1.2 cm bed sore was discovered on
19 his heel. On August 8, 2007, surgery was performed to stabilize Decedent's hip fracture.
20 Following the operation, Decedent started a downward spiral with a decline of mental functioning.
21 ERNENST HUDDLESTON was discharged home with a home health aide assist with his care.
22 ERNEST HUDDLESTON succumbed to his injuries and passed on September 29, 2007.
23 17. A thorough investigation of this incident was reported by Ombudsman Services of
24 Northern California and an investigation was completed. The investigation concluded that SAINT
25 CLAIRE'S failed to consult with a physician and Decedent's family immediately when there was
26 an incident involving a resident with an injury with potential for requiring physician intervention.
27 It was determined that SAINT CLAIRE'S also failed to implement a resident care plan, failed to
28
COMPLAINT
1 monitor Decedent's fluid intake, failed to provide a dietitian's assessment and oversight for a
2 patient with a history of recurrent urinary tract infections. The facility was fined and cited.
3 18. Throughout his entire residence at SAINT CLAIRE'S, by and through their
4 management, employees, administration, nurse, agents and staff, defendants breached their duties
5 of care to Decedent, failed to properly assess his care needs and subjected Decedent to physical
6 abuse and neglect.
7 FIRST CAUSE OF ACTION
(Negligence— As against all Defendants)
9 19. Plaintiffs refer to and re-allege paragraphs 1 through 18, inclusive as set though set
10 forth fully herein.
11 20. At the time Decedent ERNEST HUDDLESTON resided at Defendant SAINT
12 CLAIRE'S, he was totally dependent upon defendants for assistance with all of his daily care
13 needs including safety. As such, he was among the most vulnerable persons in our society.
14 21. Up to and until Decedent's death, SAINT CLAIRE'S, and all defendants, by and
15 through their management, agents and employees were charged with the care and custody of
16 Decedent, an elder and dependent adult suffering from physical and mental limitations.
17 22. Defendants owed a duty to Decedent to ensure that he received necessary nursing
18 care as well as to create a safe and hazard free environment that was free from physical abuse and
19 neglect.
20 23. During the period of Decedent's residence at SAINT CLAIRE'S, and continually
21 up to and until the time he deceased, defendants, and each of them, acted negligently and
22 recklessly and with conscious disregard with respect to Decedent ERNEST HUDDLESTON. In
23 particular, and without limiting the generality of the foregoing, defendants and each of them failed
24 to exercise reasonable care in caring for Decedent and acted with conscious disregard of Decedent
25 ERNEST HUDDLESTON'S rights, health, and safety, and caused the death of the Decedent when
26 they:
27 a) Failed to ensure that Decedent was free from physical abuse and neglect;
28 b) Failed to provide proper in-room supervision of the Decedent which caused numerous
5
falls;
COMPLAINT
1 c) Failed to maintain the appropriate number of staff to ensure the safety of the Decedent;
2 d) Failed to implements proper devices and means for protecting the health and safety of
3 the Decedent;
4 e) Failed to provide proper nourishment and hydration to Decedent;
5 f) Failed to adequately assess Decedent's skin care and failed to follow proper nursing
6 care standards to treat Decedent's wounds;'
7 g) Failed to accurately monitor and record the Decedent's condition and report changes to
8 her doctor and family; and
9 h) Failed to follow proper nursing care standards to maximize the health, safety and well
10 being of Decedent.
11 24. Defendants were entrusted with the care of Decedent ERNEST HUDDLESTON,
12 but failed to provide him with adequate care to prevent injury and failed or refused to provide him
13 with medical treatment. As such, defendants' actions and omissions constitute elder abuse of a
14 dependent adult.
25. As a proximate result of the acts of defendants, and each of them, Decedent was
injured in his health, strength and activity. Decedent suffered great injury, emotional pain,
suffering and death all of which injuries caused Decedent great mental and physical suffering.
18
26. As a further proximate result of the acts of defendants, and each of them, Decedent
19
continued to receive medical care due to his injuries until his death.
20
27. As a result of defendants' acts and omissions as alleged herein, Plaintiff is entitled
21
22 to reasonable attorneys' fees and costs of said suit as provided by California Welfare and
Institutions Code Section 15657, including attorney's fees and costs.
23
24 28. By virtue of the foregoing, defendants, and each of them, have acted recklessly and
25 with fraudulent intent. As a legal result of the defendants' conduct, ERNEST HUDDLESTON
26 sustained damages in a sum according to proof.
27
WHEREFORE, Plaintiff prays for damages set forth below.
28
COMPLAINT
1 SECOND CAUSE OF ACTION
(Abuse / Neglect of a Elder, Dependent Adult)
2 (As against all Defendants)
29. Plaintiffs refer to and reallege paragraphs 1 through 28, inclusive as though set forth
fully herein.
30. During the period of his residence at SAINT CLAIRE'S, each defendant
continually, willfully and recklessly breached their duties to ERNEST HUDDLESTON as set forth
above. In further dereliction of their duties, the defendants failed to continually assess ERNEST
Q
HUDDLESTON and develop an individualized plan of care and notify his doctor and family when
9
changes in his condition occurred. These negligent acts and omissions by the defendants resulted
in ERNEST HUDDLESTON becoming severely dehydrated, being overmedicated (resulting in
decreased level of consciousness), sustaining multiple falls resulting in a hip fracture, suffering
12
from an untreated bedsore on his heel and suffering from untreated urinary tract infections. As a
13
result of defendants' reckless neglect, ERNEST HUDDLESTON died.
14
31. Because Decedent was a resident of SAINT CLAIRE'S, defendants and each of
them had a duty, under federal and state laws designed for the protection and benefit of patients
like Decedent, to provide him with twenty-four hour nursing care and a safe home. The
17
defendants had a duty, among others, to:
18
a) follow, implement and adhere to all physician's orders;
19
b) accurately monitor and record Decedent's condition and to report changes to her doctor
20 , , ..
and family;
21
c) accurately monitor and record Decedent's intake of fluids;
22
d) provide medical treatment for Decedent's injuries.
23
e) adequately control Decedent's pain;
24
f) assist Decedent in eating and drinking to prevent malnutrition and dehydration;
25
g) establish, implement and continually update a care plan for Decedent based upon her
26 ,
needs;
27
h) to accord Decedent with dignity and respect, and not subject Decedent to abuse or
28 . t
neglect; 7
COMPLAINT
1 i) follow proper nursing care standards to maximize the health, safety and well-being of
2 Decedent;
3 j) to properly and accurately administer Decedent's medication;
4 k) follow proper nursing care standards to maximize the health, safety and well-being oi
5 Decedent; and,
6 1) to follow proper nursing care standards designed to prevent infection.
7 32. In breaching these duties to Decedent, defendants, and each of them, acted with
8 conscious disregard for the consequences associated with their failure to perform these duties.
9 Defendants knew the failure to attend to Decedent's nursing needs in accordance with applicable
10 standards set by law, posed a serious peril to Decedent's health, which peril was realized.
11
33. As a legal result of Defendants' conduct, ERNEST HUDDLESTON sustained
12 damages, and an award of compensatory damages in a sum according to proof at trial is justified.
13
34. As a proximate result of the acts of Defendants, and each of them, Decedent
14
sustained injury, great mental and physical suffering, and loss of life.
15
35. As a proximate result of the acts of Defendants, and each of them, Decedent
16
17 incurred significant medical expenses.
18 WHEREFORE, Plaintiff prays for damages as set forth below.
19 THIRD CAUSE OF ACTION
20 (Negligence Per Se)
(As against all Defendants)
21 36. Plaintiffs refer to and reallege paragraphs 1 through 34, inclusive as though set forth
22 fully herein.
23 37. At all times mentioned herein, Defendants SAINT CLAIRE'S and Does 1-50 were
24 and are in the business of providing custodial care as a skilled nursing facility as defined in
25 California Code of Regulations, Title 22, section 72103 and were at all times mentioned a "care
26 custodian" (Welfare and Institutions Code section 15610.17).
27
28
COMPLAINT
1 38. At all times mentioned herein, defendants violated State and Federal regulations
2 designed to protect residents of skilled nursing care facilities from unnecessary injury and risk of
3 harm when it acted in disregard of Decedent's rights and safety by subjecting him to neglect and
4 injury.
5 39. While Decedent resided at SAINT CLAIRE'S, defendants, and each of them and
6 their employees were charged with the care and custody of Decedent, a dependent adult.
7 Defendants owed a duty to Decedent to ensure that he received necessary care and treatment, to
8 protect his patient rights, as well as ensure for his health and safety.
9 40. Defendants owed a duty to ensure that, while a resident at SAINT CLAIRE'S,
10 ERNEST HUDDLESTON received the proper quality of care pursuant to 42 C.F.R. 483.1 et seq.
11 and 22 C.C.R. 72001 et seq. The regulations governing the operation of SAINT CLAIRE'S
12 NURSING CENTER include, but are not limited to:
13 a) 42 CFR § 483.13, which provides in part that "the resident has the right to be free from
14 verbal, sexual, physical, and mental abuse, corporal punishment and involuntary
15 seclusion."
16 b) 42 CFR § 483.15, which provides in part that "a facility must care for its residents in a
17 manner and in an environment that promotes maintenance or enhancement of each
18 resident's quality of life."
19 c) 22 CCR § 72311 provides that the facility must "notify the attending physician
20 promptly of any sudden and/or marked adverse change in signs, symptoms or behavior
21 exhibited by a patient."
22 d) 22 CCR § 72315 provides that "each patient shall be treated as an individual with
23 dignity and respect and shall not be subjected to verbal or physical abuse of any kind."
24 e) 22 CCR § 72527 - Patient Rights - provides that each resident has the right "to be free
25 from mental and physical abuse."
26 41. Plaintiff alleges that defendants violated the above-mentioned regulations (among
27 others) and failed to exercise reasonable care in complying with these regulations and failed to
28 properly care for ERNEST HUDDLESTON, as evidenced by some of the following actions:
9
COMPLAINT
1 a) Defendants' failure to accurately monitor and record Decedent's condition and to
2 report changes to his doctor and family;
3 b) Defendants' failure to maintain safe, healthful, and comfortable living accommodations
4 for Decedent;
5 c) Defendants' failure to have adequate staff and procedures in place to assist Decedent;
6 d) Defendants' failure to immediately contact emergency personnel of an injury resulting
7 in an imminent threat to Decedent;
8 e) Defendants' failure to establish, implement and continually update a care plan for
9 Decedent based upon his needs;
10 f) Defendants' failure to accord Decedent with dignity and respect, and not subject him to
11 abuse or neglect;
12 g) Defendants' failure to follow proper nursing care standards to maximize the health,
13 safety and well-being of Decedent;
14 h) Defendants' failure to accurately monitor and record Decedent's food intake and
15 prevent malnourishment;
16 i) Defendants' failure to monitor and control Decedent's pain;
17 j) Defendants' failure to provide appropriate supervision of Decedent to prevent falls; and
18 k) Defendants' failure or refusal to provide medical treatment for Decedent's injuries.
19 42. The aforesaid conduct and other conduct unknown to Plaintiff at this time by
20 defendants constitutes breach of the duty of care, said breach of duty of care being the direct legal
21 cause of damages to Decedent ERNEST HUDDLESTON.
22 43. Defendants' violation of said regulations resulted in the injuries, abuse, and neglect
23
suffered by Decedent and was the actual and proximate cause of his injuries and decline of his
24
medical condition, his need for sustained medical care, mental pain and suffering, and death.
25
Decedent suffered physical injuries, emotional pain and suffering.
26
27 44. By virtue of the foregoing, defendants, and each of them, have acted negligently.
28 As a legal result of the Defendants' conduct, ERNEST HUDDLESTON sustained damages in a
sum according to proof.
COMPLAINT
1 WHEREFORE, Plaintiffs, as successors in interest in Defendant ERNEST
2 HUDDLESTON, pray for damages as set forth below.
3 FOURTH CAUSE OF ACTION
4 (Fraud / Misrepresentation)
(As Against All Defendants)
5
, 45. Plaintiffs refer to and reallege paragraphs 1 through 44, inclusive as set though set
forth fully herein.
7
8 46. While Decedent resided in Defendant SAINT CLAIRES' facility, defendants owed
9 him a fiduciary duty given the fact that ERNEST HUDDLESTON was a vulnerable resident and
10 was dependent upon Defendants for all of his care needs.
11 47. Upon Decedent's admission to Defendant's facility, management, staff and agents
12
of the Defendant misrepresented to the family members and Responsible Party for ERNEST
13
HUDDLESTON'S health care decisions that SAINT CLAIRE'S NURSING CENTER would be
able to adequately care for Decedent. Representations regarding SAINT CLAIRE'S ability to
adequately care for Decedent include, but are not limited, to the following:
16
a. A female whom Plaintiffs are informed and believe has the first name of Ann, made
17
an unsolicited phone call to Plaintiff MARTINA ZUBEIDI on her cellular
18
telephone to solicit the family to admit ERNEST HUDDLESTON to SAINT
19
CLAIRE'S. This conversation included representations that SAINT CLAIRE'S had
20
the ability to properly care for residents with dementia, that SAINT CLAIRE'S had
21
the ability to provide adequate rehabilitative physical therapy to elderly residents
22
recovering from bi-lateral knee surgery such as ERNEST HUDDLESTON and that
23
SAINT CLAIRE'S had adequate staff to care for ERNEST HUDDLESTON's
24
needs.
25
b. A female whom Plaintiffs are informed and believe has the first name of Ann, gave
26
Plaintiffs MARTINA ZUBEIDI and EDITH HUDDLESTON a tour of the SAINT
27
CLAIRE'S skilled nursing facility. During this tour representations were made that
28
SAINT CLAIRE'S had the ability It properly care for residents with dementia, that
COMPLAINT
1 SAINT CLAIRE'S had the ability to provide adequate rehabilitative physical
2 therapy to elderly residents recovering from bi-lateral knee surgery, such as
3 ERNEST HUDDLESTON, and that SAINT CLAIRE'S had adequate staff to care
4 for ERNEST HUDDLESTON's needs.
5 c. Representations were also made to Plaintiffs MARTINA ZUBEIDI and EDITH
6 HUDDLESTON by a Caucasian, male physical therapist during their initial tour of
7 SAINT CLAIRE'S that adequate physical therapy was available to meet the needs
8 of ERNEST HUDDLESTON in his recovery from bi-lateral knee replacement
9 surgery.
10 48. Plaintiffs are informed and believe that the "Ann" that made the above fraudulent
11 misrepresentations was the Assistant Administrator, a management employee, at the time these
12 representations were made. Ann had the authority to bind SAINT CLAIRE'S as a management
13 employee and as the agent of SAINT CLAIRE'S for purposes of soliciting new residents. Ann
14 was also present at the time the statements were made by the Caucasian, male physical therapist
15 that SAINT CLAIRE's could provide adequate physical therapy to Mr. HUDDLESTON. Further,
16 Ann knew when the statements were made by the physical therapist and when she made her
17 misrepresentations that SAINT CLAIRE'S could not properly care for residents with dementia and
18 that they could not provide adequate rehabilitative physical therapy to elderly residents recovering
19 from bi-lateral knew surgery such as ERNEST HUDDLESTON. Ann also knew at the time these
20 representations were made that SAINT CLAIRE'S did not have adequate staff to care for Mr.
21 HUDDLESTON's needs.
22 49. Throughout the admissions process various staff, agents and managers of SAINT
23 CLAIRE'S told Plaintiffs that SAINT CLAIRE'S would provide Decedent with wonderful care by
24 a professional care staff that provides assistance with activities of daily living, medication
25 monitoring and management, a 24 hour response system to respond to emergencies and staffing
26 based on resident acuity plus further omitted material facts that Defendants knew or should have
27 known would have influenced ERNEST HUDDLESTON'S family decision as to which home to
28 admit their loved one. One such party to make such representations was a woman who Plaintiffs
12
COMPLAINT
1 believe had the first name "Ann" and who gave them an initial tour of the facility. As stated in
2 paragraph 48, representations were also made during Plaintiffs initial tour of the facility by a
3 Caucasian, male physical therapist.
4 50. Defendants failed to disclose important facts that would have impacted Plaintiffs'
5 decisions of whether to admit their loved one to Defendants' nursing home, specifically the
6 facility's citation history. Plaintiffs relied on the information provided to admit their loved one,
7 Mr. HUDDLESTON to SAINT CLAIRE'S. Had Plaintiffs been properly informed of SAINT
8 CLAIRE'S citation history they would not have admitted their loved one into Defendant's facility.
9 51. Said representations and omissions of material, harmful facts were made with the
10 intent and purpose of admitting ERNEST HUDDLESTON as a resident of Defendants' nursing
11 home and also made with the intent of deceiving the Plaintiffs.
12 52. Plaintiffs relied on SAINT CLAIRE'S staff to keep them informed of any changes
13 of medical condition or unusual occurrences during their loved one's residency at Defendant
14 facility. On August 5, 2007, ERNEST HUDDLESTON had fallen out of his bed and was in
15 severe pain. Decedent's family was never notified of the incident and would have not known of
16 the fall if they had not been on the phone with ERNEST HUDDLESTON'S physician regarding
17 another issue. When Plaintiffs arrived at Defendant facility, ERNEST HUDDLESTON was
18 screaming in pain. Plaintiffs had to insist and convince SAINT CLAIRE'S staff that ERNEST
19 HUDDLESTON be transferred to hospital emergency. He was finally transported to the Mercy
20 General Hospital where X-rays revealed a left displaced hip fracture as well as a pressure sore on
21 his right heel.
22 53. The Plaintiffs reasonably relied upon said representations to their and Decedent's
23 detriment by deciding that the SAINT CLAIRE'S facility was qualified and capable of providing
24 custodial care and supervision to Decedent.
25 54. Under State and Federal law, Defendants had a duty to promptly notify ERNEST
26 HUDDLESTON'S physicians and/or family of this marked change in his condition. However,
27 Plaintiffs did not know of this crucial fact and were never informed that ERNEST HUDDLESTON
28 had fallen and broken his hip.
13
COMPLAINT
55. As a direct and proximate result of the foregoing the Decedent and Plaintiffs
sustained injuries, painful suffering and death through physical abuse in an amount according to
proof at trial.
56. As a further legal and proximate result of Defendants' conduct, and each of them, in
concealing this vital information, ERNEST HUDDLESTON, suffered hospital and medical
expenses as well as other damages in an amount to be proven at trial.
57. As a further direct and proximate result of the representation Plaintiffs sustained
special damages in an amount according to proof at trial
58. By virtue of the foregoing, Defendants acted fraudulently, recklessly and in
conscious disregard for the rights and safety of its patients and residents, including ERNEST
HUDDLESTON, and consequently realized a financial benefit. Accordingly Defendant is required
to disgorge those financial benefits.
WHEREFORE, plaintiffs pray for damages as set forth below.
FIFTH CAUSE OF ACTION
(Unfair Business Practices Business and Professions Code § 17200)
17 59. Plaintiffs refer to and reallege paragraphs 1 through 58, inclusive as set though set
18 forth fully herein.
19 60. Defendants' conduct, as herein alleged, was and is part of the general business
20 practice of the Defendants. This business practice exists in part because defendants expected that
21 few adverse consequences would flow from their mistreatment and neglect of their elderly and
22 vulnerable residents, and thus defendants made a considered decision to protect and promote their
23 financial condition at the expense of its legal obligations to resident patients, including Decedent,
24 ERNEST HUDDLESTON.
25 61. Plaintiff is informed and thereon alleges that defendants, and each of them, made a
26 practice of failing to advise new residents, Responsible parties and their families of their legal
27 rights and Defendant SAINT CLAIRE'S prior regulatory violations. Plaintiff is also informed and
28 thereon alleges that Defendant made a practice of misrepresenting to potential residents and their
COMPLAINT
1 families, and particularly to Plaintiff, the type, level and extent of care that would be provided to
2 residents upon admission.
3 62. Plaintiff is further informed and thereon alleges that Defendants, and each of them,
4 made a conscious and considered decision to omit and/or misrepresent material facts related to the
5 type, level and extent of care, in violation of California regulations, as a part of Defendants'
6 scheme to save money and be more profitable because of their lack of compliance with state
7 regulations. Defendants' unfair and fraudulent practices include, but are not limited to:
8 a) Defendant SAINT CLAIRE'S breached its duty to decedent and his family to
9 disclose all material facts that might influence Decedent ERNEST HUDDLESTON
10 and his family on whether SAINT CLAIRE'S could properly care for Decedent,
11 including the duty to disclose whether Defendant SAINT CLAIRE'S had a history
12 of neglect, abuse or prior citations issued for regulation violations involving patient
13 care.
14 b) Defendant SAINT CLAIRE'S was engaged in unfair business practices because it
15 held out to the public that it could provide specialty care to residents with dementia,
16 when in fact its employees and staff had little or no training or qualifications.
17 63. These practices set forth above constitute unfair, unlawful, and/or fraudulent
18 business practices within the meaning of Business and Professions Code § 17200 and is violative
19 of public policy, and is unethical, fraudulent and injurious to consumers, particularly the elderly.
20 64. Plaintiffs, and each of them, were injured wherein defendants' unfair business
21 practices and continued misrepresentations enticed them to admit ERNEST HUDDLESTON as a
22 resident to SAINT CLAIRE'S and further persuaded them to continue to keep ERNEST
23 HUDDLESTON as a resident at SAINT CLAIRE'S. Plaintiffs, and/or others on the behalf of
24 decedent ERNEST HUDDLESTON, paid substantial funds to defendant SAINT CLAIRE'S in
25 exchange for the care, treatment and therapy Plaintiffs believed would be provided to ERNEST
26 HUDDLESTON. ERNEST HUDDLESTON was injured in his health and well being due to the
27 neglect and mistreatment of defendants. To wit decedent ERNEST HUDDLESTON sustained
28 serious injuries that led to his death, including but not limited to severe dehydration,
15
COMPLAINT
1 overmedication resulting in decreased level of consciousness, multiple falls resulting in a hip
2 fracture, untreated bedsore on his heel, untreated urinary tract infections and sepsis.
3 65. Plaintiffs, and each of them, were further injured wherein defendants' unfair
4 business practices and continued misrepresentations that ERNEST HUDDLESTON would receive
5 adequate physical therapy enticed them to admit ERNEST HUDDLESTON as a resident to SAINT
6 CLAIRE'S and further persuaded them to continue to keep ERNEST HUDDLESTON as a
7 resident at SAINT CLAIRE'S. Plaintiffs, and/or others on the behalf of Decedent ERNEST
8 HUDDLESTON, paid substantial funds to defendant SAINT CLAIRE'S in exchange physical
9 therapy Plaintiffs believed would be provided to ERNEST HUDDLESTON. ERNEST
10 HUDDLESTON was injured in his health and well being due to the lack of physical therapy
11 provided to him and the poor quality of physical therapy provided to him while a resident at
12 SAINT CLAIRE'S. To wit, as a result of the lack of therapy, poor therapy and the quality of the
13 therapy decedent ERNEST HUDDLESTON sustained serious injuries that led to his death,
14 including but not limited to multiple falls resulting in numerous skin injuries and ultimately
15 resulting in a hip fracture which required surgical repair and an untreated bedsore on his heel.
16 66. As a result, Plaintiff is entitled to restitution of all funds paid to SAINT CLAIRE'S
17 by Decedent and/or on the Decedent's behalf.
18 67. As a result of Defendant's conduct, Plaintiff has incurred and will incur attorneys'
19 fees and related expenses in an amount to be proven at trial.
20 WHEREFORE, Plaintiff prays for damages as set forth below.
21 SIXTH CAUSE OF ACTION
(Wrongful Death)
22 (As to All Defendants)
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68. Plaintiffs refer to and reallege paragraphs 1 through 67, inclusive as set though set
24
forth fully herein.
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69. Plaintiff, EDITH M. HUDDLESTON, Decedent's elderly wife, and Plaintiff,
MARTINA K. ZUBEIDI, Decedent's daughter, are surviving heirs of Decedent.
27 '
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16
COMPLAINT
1 70. As a proximate result of the defendants' negligent and/or intentional physical abuse
2 of Decedent ERNEST HUDDLESTON he suffered dehydration, urinary tract infections, sepsis,
3 and bed sores while in the care and custody of defendants and later died on September 29, 2007.
4 71. As a further result of defendants' negligent and/or intentional abuse of Decedent,
5 Plaintiffs have been deprived of the society, comfort, companionship, attention, services, support,
6 and friendship to their damage in an amount to be proven at trial.
7 WHEREFORE, plaintiffs pray for damages as set forth below.
8 PRAYER
9 1. For special damages according to proof;
10 2. For general damages according to proof;
11 3. For costs of suit and attorney's fees herein incurred pursuant to Welfare and
12 Institutions Code § 15657 et seq.;
13 4. For pre-judgment and post-judgment interest, if any, incurred;
14 5. For reimbursement of medical expenses, including future medical expenses;
15 6. Punitive Damages;
16 7. For such other and further relief as the Court may deem proper.
17
18 DATED: MAY 4, 2009 YORK LAW CORPORATION
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20 _ __
REBEKAH R. GIBBON
21 WENDY C.YORK
Attorney for Plaintiffs
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COMPLAINT
COURT: Sacramento County Superior Court
CASE NO. 34-2008-00008404
CASE NAME: Huddleston v. St. Claire's Nursing Center, et al.
PROOF OF SERVICE
I am a citizen of the United States, employed in the County of Sacramento, State oi
California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA
95815. I am over the age of 18 years and not a party to the above-entitled action.
I am readily familiar with York Law Corporation's practice for collection and processing
of correspondence for mailing with the United States Postal Service. Pursuant to said practice,
each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed
thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail id
collected and deposited in a U.S. mailbox at or before the close of each day's business. (CCP
Section 1013a(3) or Fed.R.Civ.P.5(a) and 4.1; USDC (E.D. CA) L.R. 5-135(a).)
On May 4, 2009, I caused the within, PLAINTIFFS' THIRD AMENDED
COMPLAINT FOR: NEGLIGENCE; ELDER ABUSE; NEGLIGENCE PERSE;
FRAUD/MISREPRESENTATION; UNFAIR BUSINESS PRACTICES; &
WRONGFUL DEATH, to be served via
15 Priority Legal
Isaac Farris &/or Jeff Fennel
16 P.O. Box 2164 Sacramento, CA
17 By causing delivered by hand to the addressee addressed as follows:
18 Bryan L. Malone, Esq.
Prout & Levangie
2021 N Street
20 Sacramento CA 95811
21 I declare that I am employed in the office of a member of the bar of this Court at whose
direction the service was made and that this Declaration is executed on May 4, 2009 an
22 Sacramento, California. I declare under penalty/\of perjury under the laws of the State o
California that the foregoing is true and corre
Eve Knight ^-^
25
26
27
28
Proof Of Service -1
Preview
1WENDY C. YORK, SEN 166864 REBEKAH R. GIBSON, SBN 252111 2 York Law Corporation 1111 Exposition Blvd., Bldg 500 3 Sacramento, California 95815 Ph: (916) 643-2200 4 Fax:(916)643-4680 5 Attorneys for Plaintiffs, MARTINA K. ZUBEIDI, an individual and as Successor in Interest of 6 ERNEST HUDDLESTON (Decedent) 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SACRAMENTO 10 EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI, as individuals and as Successors in CASE NO: 34-2008-00008404 11 Interest of ERNEST HUDDLESON (Decedent) PLAINTIFFS' THIRD AMENDED 12 COMPLAINT FOR: Plaintiffs, 13 vs I. NEGLIGENCE; 14 II. ELDER ABUSE/NEGLECT; SAINT CLAIRE'S NURSING CENTER, INC. III. NEGLIGENCE PER SE; 15 and DOES 1 through 50 inclusive. IV. FRAUD/MISREPRESENTATION; V. UNFAIR BUSINESS PRACTICES; &, 16 Defendants. VI. WRONGFUL DEATH 17 18 19 EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI, as individuals and as Successors 20 in Interest of ERNEST HUDDLESTON, decedent, by and through their attorneys, hereby complains 21 of defendants, and each of them, and for causes of action allege as follows: 22 PRELIMINARY ALLEGATIONS 23 1. This is a nursing home neglect case filed by EDITH M. HUDDLESTON and 24 MARTINA K. ZUBEIDI, as individuals and as successors in interest of ERNEST 25 HUDDLESTON, (hereafter referred to as "Decedent") for elder abuse and neglect, negligence, 26 negligence per se, unfair business practice, fraudulent misrepresentation, wrongful death and 27 related claims against the nursing home charged with his care. Decedent ERNEST 28 HUDDLESTON sustained serious injuries that led to his death, including but not limited to severe 1 COMPLAINT 1 dehydration, overmedication resulting in decreased level consciousness, multiple falls resulting in 2 a hip fracture, untreated bedsore on his heel, untreated urinary tract infections and sepsis. 3 2. Plaintiffs, EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI are successors 4 in interest of Decedent, ERNEST HUDDLESTON. Plaintiff, EDITH M. HUDDLESTON 5 succeeds to these causes of action as trustee for the Estate of ERNEST HUDDLESTON. Plaintiff, 6 MARTINA K. ZUBEIDI brings this complaint, in part in the capacity of successor in interest, and 7 in part on her own behalf. 8 3. Plaintiffs EDITH M. HUDDLESTON and MARTINA K. ZUBEIDI both reside in 9 the County of Sacramento. 10 4. At all times mentioned, Defendant SAINT CLAIRE'S NURSING CENTER, 11 (hereinafter referred to as "SAINT CLAIRE'S") was and is in business of providing long-term 12 care as a twenty-four hour facility as defined in Section 1250(d) of the Health & Safety Code and 13 in section 87101(r)(5) of Title 22 and subject to the requirements of state law, and was at all times 14 mentioned doing business at 6248 66th Ave., Sacramento, California as a skilled nursing facility 15 and "care custodian" (Welfare and Institutions Code section 15610.17). Defendant, SAINT 16 CLAIRE'S is located and does business in Sacramento County. 17 5. Decedent, ERNEST HUDDLESTON was an 87-year-old gentleman who up until 18 his admission at SAINT CLAIRE'S resided with his wife and daughter. Decedent ERNEST 19 HUDDLESTON was admitted on or about May 25, 2007 to SAINT CLAIRE'S, a skilled nursing 20 facility. At the time of his admission he had a history of diabetes, chronic renal insufficiency, 21 hypertension, hypothyroidism and mild dementia. Decedent was admitted to the facility to 22 receive supervision, twenty-four hour care for rehabilitation from bilateral knee surgery. 23 6. The Decedent resided at SAINT CLAIRE'S, where he was supposed to receive total 24 care, until his death on September 29, 2007. 25 7. Plaintiff, MARTINA ZUBEIDI, the daughter of Decedent, had power of attorney at 26 the time of decedent's residency at SAINT CLAIRE'S and was the responsible party for all of 27 Decedent's heath-care decisions. 28 COMPLAINT 1 8. Under the provisions of Welfare and Institutions Code §§15610.23 and 15610.27, 2 Decedent ERNEST HUDDLESTON was at all times mentioned an "elder" and "dependent adult". 3 9. Plaintiffs are informed and believe that Defendant, SAINT CLAIRE'S is a privately 4 owned company doing business in the State of California as SAINT CLAIRE'S NURSING 5 CENTER, INC. 6 10. The true names and capacities of the defendants named herein as DOES 1 through 7 50, inclusive, whether individual, corporate, associate, or otherwise, are unknown to Plaintiffs, 8 who therefore sue such defendants by fictitious names pursuant to Code of Civil Procedure section 9 474. Plaintiff is informed and believes that said DOE defendants are California residents, and 10 Plaintiff will amend this Complaint to show such true names and capacities when they have been 11 determined. 12 11. At all times mentioned herein, each and every defendant was the agent and 13 employee of each and every other defendant; and, in doing the things alleged, was acting within 14 the course and scope of such agency and employment; and, in doing the acts herein alleged, was 15 acting with the consent, permission and authorization of each of the remaining defendants. All 16 actions of each defendant herein alleged were ratified and approved by the officers or managing 17 agents of every other defendant. 18 12. Plaintiffs are informed and believe, and thereby allege, that each of the defendants 19 herein were at all times relevant hereto the agent, managing agent, employee or representative of 20 the remaining defendants and was acting at least in part within the course and scope of such 21 relationship. 22 13. The Decedent, ERNEST HUDDLESTON, became a resident of Defendant SAINT 23 CLAIRE'S, a skilled nursing facility, because he suffered physical infirmities as a senior citizen 24 with multiple health conditions including mild dementia and was rehabilitating from bilateral knee 25 surgery. As a result of Decedent's physical condition, he was totally dependent upon defendants 26 and SAINT CLAIRE'S for his complete care. 27 14. Throughout the Decedent's residence at SAINT CLAIRE'S it was the duty of 28 defendants to provide the Decedent with nursing care, guarantee his freedom from mental and 3 COMPLAINT 1 physical abuse, to treat him with consideration, respect and full consideration of his dignity and 2 individuality, to monitor his health and care plan, to keep him and his responsible party informed 3 of his medical status, to protect him from dangerous conditions, to protect him from abuse, and to 4 monitor him, among others. Defendants also owed a duty to Decedent and his family to disclose 5 all material facts that might influence him and his family on whether SAINT CLAIRE'S could 6 properly care for Decedent, including the duty to disclose whether SAINT CLAIRE'S had a 7 history of neglect, abuse or prior regulatory citations. 8 15. On or about August 5, 2007, Decedent suffered a fractured hip as the result of 9 falling out of his bed. Despite suffering a fractured hip, which is a very serious and life 10 threatening injury, Decedent was not taken to the hospital, his family was not contacted and no 11 physician was consulted. Instead, Defendant was placed back into his bed and left in excruciating 12 pain. It was not until the following morning when his family came to visit and they noticed a 13 marked change in his physical well being and demanded medical attention and that defendants 14 have Decedent transferred to the hospital for medical attention where x-rays confirmed that he was 15 suffering from a broken hip. 16 16. On August 5, 2007, ERNEST HUDDLESTON was admitted into Mercy General 17 Hospital for a hip fracture after a fall he had at SAINT CLAIRE'S during the previous night. He 18 also complained of foot pain at the time of examination and a 1.2 cm bed sore was discovered on 19 his heel. On August 8, 2007, surgery was performed to stabilize Decedent's hip fracture. 20 Following the operation, Decedent started a downward spiral with a decline of mental functioning. 21 ERNENST HUDDLESTON was discharged home with a home health aide assist with his care. 22 ERNEST HUDDLESTON succumbed to his injuries and passed on September 29, 2007. 23 17. A thorough investigation of this incident was reported by Ombudsman Services of 24 Northern California and an investigation was completed. The investigation concluded that SAINT 25 CLAIRE'S failed to consult with a physician and Decedent's family immediately when there was 26 an incident involving a resident with an injury with potential for requiring physician intervention. 27 It was determined that SAINT CLAIRE'S also failed to implement a resident care plan, failed to 28 COMPLAINT 1 monitor Decedent's fluid intake, failed to provide a dietitian's assessment and oversight for a 2 patient with a history of recurrent urinary tract infections. The facility was fined and cited. 3 18. Throughout his entire residence at SAINT CLAIRE'S, by and through their 4 management, employees, administration, nurse, agents and staff, defendants breached their duties 5 of care to Decedent, failed to properly assess his care needs and subjected Decedent to physical 6 abuse and neglect. 7 FIRST CAUSE OF ACTION (Negligence— As against all Defendants) 9 19. Plaintiffs refer to and re-allege paragraphs 1 through 18, inclusive as set though set 10 forth fully herein. 11 20. At the time Decedent ERNEST HUDDLESTON resided at Defendant SAINT 12 CLAIRE'S, he was totally dependent upon defendants for assistance with all of his daily care 13 needs including safety. As such, he was among the most vulnerable persons in our society. 14 21. Up to and until Decedent's death, SAINT CLAIRE'S, and all defendants, by and 15 through their management, agents and employees were charged with the care and custody of 16 Decedent, an elder and dependent adult suffering from physical and mental limitations. 17 22. Defendants owed a duty to Decedent to ensure that he received necessary nursing 18 care as well as to create a safe and hazard free environment that was free from physical abuse and 19 neglect. 20 23. During the period of Decedent's residence at SAINT CLAIRE'S, and continually 21 up to and until the time he deceased, defendants, and each of them, acted negligently and 22 recklessly and with conscious disregard with respect to Decedent ERNEST HUDDLESTON. In 23 particular, and without limiting the generality of the foregoing, defendants and each of them failed 24 to exercise reasonable care in caring for Decedent and acted with conscious disregard of Decedent 25 ERNEST HUDDLESTON'S rights, health, and safety, and caused the death of the Decedent when 26 they: 27 a) Failed to ensure that Decedent was free from physical abuse and neglect; 28 b) Failed to provide proper in-room supervision of the Decedent which caused numerous 5 falls; COMPLAINT 1 c) Failed to maintain the appropriate number of staff to ensure the safety of the Decedent; 2 d) Failed to implements proper devices and means for protecting the health and safety of 3 the Decedent; 4 e) Failed to provide proper nourishment and hydration to Decedent; 5 f) Failed to adequately assess Decedent's skin care and failed to follow proper nursing 6 care standards to treat Decedent's wounds;' 7 g) Failed to accurately monitor and record the Decedent's condition and report changes to 8 her doctor and family; and 9 h) Failed to follow proper nursing care standards to maximize the health, safety and well 10 being of Decedent. 11 24. Defendants were entrusted with the care of Decedent ERNEST HUDDLESTON, 12 but failed to provide him with adequate care to prevent injury and failed or refused to provide him 13 with medical treatment. As such, defendants' actions and omissions constitute elder abuse of a 14 dependent adult. 25. As a proximate result of the acts of defendants, and each of them, Decedent was injured in his health, strength and activity. Decedent suffered great injury, emotional pain, suffering and death all of which injuries caused Decedent great mental and physical suffering. 18 26. As a further proximate result of the acts of defendants, and each of them, Decedent 19 continued to receive medical care due to his injuries until his death. 20 27. As a result of defendants' acts and omissions as alleged herein, Plaintiff is entitled 21 22 to reasonable attorneys' fees and costs of said suit as provided by California Welfare and Institutions Code Section 15657, including attorney's fees and costs. 23 24 28. By virtue of the foregoing, defendants, and each of them, have acted recklessly and 25 with fraudulent intent. As a legal result of the defendants' conduct, ERNEST HUDDLESTON 26 sustained damages in a sum according to proof. 27 WHEREFORE, Plaintiff prays for damages set forth below. 28 COMPLAINT 1 SECOND CAUSE OF ACTION (Abuse / Neglect of a Elder, Dependent Adult) 2 (As against all Defendants) 29. Plaintiffs refer to and reallege paragraphs 1 through 28, inclusive as though set forth fully herein. 30. During the period of his residence at SAINT CLAIRE'S, each defendant continually, willfully and recklessly breached their duties to ERNEST HUDDLESTON as set forth above. In further dereliction of their duties, the defendants failed to continually assess ERNEST Q HUDDLESTON and develop an individualized plan of care and notify his doctor and family when 9 changes in his condition occurred. These negligent acts and omissions by the defendants resulted in ERNEST HUDDLESTON becoming severely dehydrated, being overmedicated (resulting in decreased level of consciousness), sustaining multiple falls resulting in a hip fracture, suffering 12 from an untreated bedsore on his heel and suffering from untreated urinary tract infections. As a 13 result of defendants' reckless neglect, ERNEST HUDDLESTON died. 14 31. Because Decedent was a resident of SAINT CLAIRE'S, defendants and each of them had a duty, under federal and state laws designed for the protection and benefit of patients like Decedent, to provide him with twenty-four hour nursing care and a safe home. The 17 defendants had a duty, among others, to: 18 a) follow, implement and adhere to all physician's orders; 19 b) accurately monitor and record Decedent's condition and to report changes to her doctor 20 , , .. and family; 21 c) accurately monitor and record Decedent's intake of fluids; 22 d) provide medical treatment for Decedent's injuries. 23 e) adequately control Decedent's pain; 24 f) assist Decedent in eating and drinking to prevent malnutrition and dehydration; 25 g) establish, implement and continually update a care plan for Decedent based upon her 26 , needs; 27 h) to accord Decedent with dignity and respect, and not subject Decedent to abuse or 28 . t neglect; 7 COMPLAINT 1 i) follow proper nursing care standards to maximize the health, safety and well-being of 2 Decedent; 3 j) to properly and accurately administer Decedent's medication; 4 k) follow proper nursing care standards to maximize the health, safety and well-being oi 5 Decedent; and, 6 1) to follow proper nursing care standards designed to prevent infection. 7 32. In breaching these duties to Decedent, defendants, and each of them, acted with 8 conscious disregard for the consequences associated with their failure to perform these duties. 9 Defendants knew the failure to attend to Decedent's nursing needs in accordance with applicable 10 standards set by law, posed a serious peril to Decedent's health, which peril was realized. 11 33. As a legal result of Defendants' conduct, ERNEST HUDDLESTON sustained 12 damages, and an award of compensatory damages in a sum according to proof at trial is justified. 13 34. As a proximate result of the acts of Defendants, and each of them, Decedent 14 sustained injury, great mental and physical suffering, and loss of life. 15 35. As a proximate result of the acts of Defendants, and each of them, Decedent 16 17 incurred significant medical expenses. 18 WHEREFORE, Plaintiff prays for damages as set forth below. 19 THIRD CAUSE OF ACTION 20 (Negligence Per Se) (As against all Defendants) 21 36. Plaintiffs refer to and reallege paragraphs 1 through 34, inclusive as though set forth 22 fully herein. 23 37. At all times mentioned herein, Defendants SAINT CLAIRE'S and Does 1-50 were 24 and are in the business of providing custodial care as a skilled nursing facility as defined in 25 California Code of Regulations, Title 22, section 72103 and were at all times mentioned a "care 26 custodian" (Welfare and Institutions Code section 15610.17). 27 28 COMPLAINT 1 38. At all times mentioned herein, defendants violated State and Federal regulations 2 designed to protect residents of skilled nursing care facilities from unnecessary injury and risk of 3 harm when it acted in disregard of Decedent's rights and safety by subjecting him to neglect and 4 injury. 5 39. While Decedent resided at SAINT CLAIRE'S, defendants, and each of them and 6 their employees were charged with the care and custody of Decedent, a dependent adult. 7 Defendants owed a duty to Decedent to ensure that he received necessary care and treatment, to 8 protect his patient rights, as well as ensure for his health and safety. 9 40. Defendants owed a duty to ensure that, while a resident at SAINT CLAIRE'S, 10 ERNEST HUDDLESTON received the proper quality of care pursuant to 42 C.F.R. 483.1 et seq. 11 and 22 C.C.R. 72001 et seq. The regulations governing the operation of SAINT CLAIRE'S 12 NURSING CENTER include, but are not limited to: 13 a) 42 CFR § 483.13, which provides in part that "the resident has the right to be free from 14 verbal, sexual, physical, and mental abuse, corporal punishment and involuntary 15 seclusion." 16 b) 42 CFR § 483.15, which provides in part that "a facility must care for its residents in a 17 manner and in an environment that promotes maintenance or enhancement of each 18 resident's quality of life." 19 c) 22 CCR § 72311 provides that the facility must "notify the attending physician 20 promptly of any sudden and/or marked adverse change in signs, symptoms or behavior 21 exhibited by a patient." 22 d) 22 CCR § 72315 provides that "each patient shall be treated as an individual with 23 dignity and respect and shall not be subjected to verbal or physical abuse of any kind." 24 e) 22 CCR § 72527 - Patient Rights - provides that each resident has the right "to be free 25 from mental and physical abuse." 26 41. Plaintiff alleges that defendants violated the above-mentioned regulations (among 27 others) and failed to exercise reasonable care in complying with these regulations and failed to 28 properly care for ERNEST HUDDLESTON, as evidenced by some of the following actions: 9 COMPLAINT 1 a) Defendants' failure to accurately monitor and record Decedent's condition and to 2 report changes to his doctor and family; 3 b) Defendants' failure to maintain safe, healthful, and comfortable living accommodations 4 for Decedent; 5 c) Defendants' failure to have adequate staff and procedures in place to assist Decedent; 6 d) Defendants' failure to immediately contact emergency personnel of an injury resulting 7 in an imminent threat to Decedent; 8 e) Defendants' failure to establish, implement and continually update a care plan for 9 Decedent based upon his needs; 10 f) Defendants' failure to accord Decedent with dignity and respect, and not subject him to 11 abuse or neglect; 12 g) Defendants' failure to follow proper nursing care standards to maximize the health, 13 safety and well-being of Decedent; 14 h) Defendants' failure to accurately monitor and record Decedent's food intake and 15 prevent malnourishment; 16 i) Defendants' failure to monitor and control Decedent's pain; 17 j) Defendants' failure to provide appropriate supervision of Decedent to prevent falls; and 18 k) Defendants' failure or refusal to provide medical treatment for Decedent's injuries. 19 42. The aforesaid conduct and other conduct unknown to Plaintiff at this time by 20 defendants constitutes breach of the duty of care, said breach of duty of care being the direct legal 21 cause of damages to Decedent ERNEST HUDDLESTON. 22 43. Defendants' violation of said regulations resulted in the injuries, abuse, and neglect 23 suffered by Decedent and was the actual and proximate cause of his injuries and decline of his 24 medical condition, his need for sustained medical care, mental pain and suffering, and death. 25 Decedent suffered physical injuries, emotional pain and suffering. 26 27 44. By virtue of the foregoing, defendants, and each of them, have acted negligently. 28 As a legal result of the Defendants' conduct, ERNEST HUDDLESTON sustained damages in a sum according to proof. COMPLAINT 1 WHEREFORE, Plaintiffs, as successors in interest in Defendant ERNEST 2 HUDDLESTON, pray for damages as set forth below. 3 FOURTH CAUSE OF ACTION 4 (Fraud / Misrepresentation) (As Against All Defendants) 5 , 45. Plaintiffs refer to and reallege paragraphs 1 through 44, inclusive as set though set forth fully herein. 7 8 46. While Decedent resided in Defendant SAINT CLAIRES' facility, defendants owed 9 him a fiduciary duty given the fact that ERNEST HUDDLESTON was a vulnerable resident and 10 was dependent upon Defendants for all of his care needs. 11 47. Upon Decedent's admission to Defendant's facility, management, staff and agents 12 of the Defendant misrepresented to the family members and Responsible Party for ERNEST 13 HUDDLESTON'S health care decisions that SAINT CLAIRE'S NURSING CENTER would be able to adequately care for Decedent. Representations regarding SAINT CLAIRE'S ability to adequately care for Decedent include, but are not limited, to the following: 16 a. A female whom Plaintiffs are informed and believe has the first name of Ann, made 17 an unsolicited phone call to Plaintiff MARTINA ZUBEIDI on her cellular 18 telephone to solicit the family to admit ERNEST HUDDLESTON to SAINT 19 CLAIRE'S. This conversation included representations that SAINT CLAIRE'S had 20 the ability to properly care for residents with dementia, that SAINT CLAIRE'S had 21 the ability to provide adequate rehabilitative physical therapy to elderly residents 22 recovering from bi-lateral knee surgery such as ERNEST HUDDLESTON and that 23 SAINT CLAIRE'S had adequate staff to care for ERNEST HUDDLESTON's 24 needs. 25 b. A female whom Plaintiffs are informed and believe has the first name of Ann, gave 26 Plaintiffs MARTINA ZUBEIDI and EDITH HUDDLESTON a tour of the SAINT 27 CLAIRE'S skilled nursing facility. During this tour representations were made that 28 SAINT CLAIRE'S had the ability It properly care for residents with dementia, that COMPLAINT 1 SAINT CLAIRE'S had the ability to provide adequate rehabilitative physical 2 therapy to elderly residents recovering from bi-lateral knee surgery, such as 3 ERNEST HUDDLESTON, and that SAINT CLAIRE'S had adequate staff to care 4 for ERNEST HUDDLESTON's needs. 5 c. Representations were also made to Plaintiffs MARTINA ZUBEIDI and EDITH 6 HUDDLESTON by a Caucasian, male physical therapist during their initial tour of 7 SAINT CLAIRE'S that adequate physical therapy was available to meet the needs 8 of ERNEST HUDDLESTON in his recovery from bi-lateral knee replacement 9 surgery. 10 48. Plaintiffs are informed and believe that the "Ann" that made the above fraudulent 11 misrepresentations was the Assistant Administrator, a management employee, at the time these 12 representations were made. Ann had the authority to bind SAINT CLAIRE'S as a management 13 employee and as the agent of SAINT CLAIRE'S for purposes of soliciting new residents. Ann 14 was also present at the time the statements were made by the Caucasian, male physical therapist 15 that SAINT CLAIRE's could provide adequate physical therapy to Mr. HUDDLESTON. Further, 16 Ann knew when the statements were made by the physical therapist and when she made her 17 misrepresentations that SAINT CLAIRE'S could not properly care for residents with dementia and 18 that they could not provide adequate rehabilitative physical therapy to elderly residents recovering 19 from bi-lateral knew surgery such as ERNEST HUDDLESTON. Ann also knew at the time these 20 representations were made that SAINT CLAIRE'S did not have adequate staff to care for Mr. 21 HUDDLESTON's needs. 22 49. Throughout the admissions process various staff, agents and managers of SAINT 23 CLAIRE'S told Plaintiffs that SAINT CLAIRE'S would provide Decedent with wonderful care by 24 a professional care staff that provides assistance with activities of daily living, medication 25 monitoring and management, a 24 hour response system to respond to emergencies and staffing 26 based on resident acuity plus further omitted material facts that Defendants knew or should have 27 known would have influenced ERNEST HUDDLESTON'S family decision as to which home to 28 admit their loved one. One such party to make such representations was a woman who Plaintiffs 12 COMPLAINT 1 believe had the first name "Ann" and who gave them an initial tour of the facility. As stated in 2 paragraph 48, representations were also made during Plaintiffs initial tour of the facility by a 3 Caucasian, male physical therapist. 4 50. Defendants failed to disclose important facts that would have impacted Plaintiffs' 5 decisions of whether to admit their loved one to Defendants' nursing home, specifically the 6 facility's citation history. Plaintiffs relied on the information provided to admit their loved one, 7 Mr. HUDDLESTON to SAINT CLAIRE'S. Had Plaintiffs been properly informed of SAINT 8 CLAIRE'S citation history they would not have admitted their loved one into Defendant's facility. 9 51. Said representations and omissions of material, harmful facts were made with the 10 intent and purpose of admitting ERNEST HUDDLESTON as a resident of Defendants' nursing 11 home and also made with the intent of deceiving the Plaintiffs. 12 52. Plaintiffs relied on SAINT CLAIRE'S staff to keep them informed of any changes 13 of medical condition or unusual occurrences during their loved one's residency at Defendant 14 facility. On August 5, 2007, ERNEST HUDDLESTON had fallen out of his bed and was in 15 severe pain. Decedent's family was never notified of the incident and would have not known of 16 the fall if they had not been on the phone with ERNEST HUDDLESTON'S physician regarding 17 another issue. When Plaintiffs arrived at Defendant facility, ERNEST HUDDLESTON was 18 screaming in pain. Plaintiffs had to insist and convince SAINT CLAIRE'S staff that ERNEST 19 HUDDLESTON be transferred to hospital emergency. He was finally transported to the Mercy 20 General Hospital where X-rays revealed a left displaced hip fracture as well as a pressure sore on 21 his right heel. 22 53. The Plaintiffs reasonably relied upon said representations to their and Decedent's 23 detriment by deciding that the SAINT CLAIRE'S facility was qualified and capable of providing 24 custodial care and supervision to Decedent. 25 54. Under State and Federal law, Defendants had a duty to promptly notify ERNEST 26 HUDDLESTON'S physicians and/or family of this marked change in his condition. However, 27 Plaintiffs did not know of this crucial fact and were never informed that ERNEST HUDDLESTON 28 had fallen and broken his hip. 13 COMPLAINT 55. As a direct and proximate result of the foregoing the Decedent and Plaintiffs sustained injuries, painful suffering and death through physical abuse in an amount according to proof at trial. 56. As a further legal and proximate result of Defendants' conduct, and each of them, in concealing this vital information, ERNEST HUDDLESTON, suffered hospital and medical expenses as well as other damages in an amount to be proven at trial. 57. As a further direct and proximate result of the representation Plaintiffs sustained special damages in an amount according to proof at trial 58. By virtue of the foregoing, Defendants acted fraudulently, recklessly and in conscious disregard for the rights and safety of its patients and residents, including ERNEST HUDDLESTON, and consequently realized a financial benefit. Accordingly Defendant is required to disgorge those financial benefits. WHEREFORE, plaintiffs pray for damages as set forth below. FIFTH CAUSE OF ACTION (Unfair Business Practices Business and Professions Code § 17200) 17 59. Plaintiffs refer to and reallege paragraphs 1 through 58, inclusive as set though set 18 forth fully herein. 19 60. Defendants' conduct, as herein alleged, was and is part of the general business 20 practice of the Defendants. This business practice exists in part because defendants expected that 21 few adverse consequences would flow from their mistreatment and neglect of their elderly and 22 vulnerable residents, and thus defendants made a considered decision to protect and promote their 23 financial condition at the expense of its legal obligations to resident patients, including Decedent, 24 ERNEST HUDDLESTON. 25 61. Plaintiff is informed and thereon alleges that defendants, and each of them, made a 26 practice of failing to advise new residents, Responsible parties and their families of their legal 27 rights and Defendant SAINT CLAIRE'S prior regulatory violations. Plaintiff is also informed and 28 thereon alleges that Defendant made a practice of misrepresenting to potential residents and their COMPLAINT 1 families, and particularly to Plaintiff, the type, level and extent of care that would be provided to 2 residents upon admission. 3 62. Plaintiff is further informed and thereon alleges that Defendants, and each of them, 4 made a conscious and considered decision to omit and/or misrepresent material facts related to the 5 type, level and extent of care, in violation of California regulations, as a part of Defendants' 6 scheme to save money and be more profitable because of their lack of compliance with state 7 regulations. Defendants' unfair and fraudulent practices include, but are not limited to: 8 a) Defendant SAINT CLAIRE'S breached its duty to decedent and his family to 9 disclose all material facts that might influence Decedent ERNEST HUDDLESTON 10 and his family on whether SAINT CLAIRE'S could properly care for Decedent, 11 including the duty to disclose whether Defendant SAINT CLAIRE'S had a history 12 of neglect, abuse or prior citations issued for regulation violations involving patient 13 care. 14 b) Defendant SAINT CLAIRE'S was engaged in unfair business practices because it 15 held out to the public that it could provide specialty care to residents with dementia, 16 when in fact its employees and staff had little or no training or qualifications. 17 63. These practices set forth above constitute unfair, unlawful, and/or fraudulent 18 business practices within the meaning of Business and Professions Code § 17200 and is violative 19 of public policy, and is unethical, fraudulent and injurious to consumers, particularly the elderly. 20 64. Plaintiffs, and each of them, were injured wherein defendants' unfair business 21 practices and continued misrepresentations enticed them to admit ERNEST HUDDLESTON as a 22 resident to SAINT CLAIRE'S and further persuaded them to continue to keep ERNEST 23 HUDDLESTON as a resident at SAINT CLAIRE'S. Plaintiffs, and/or others on the behalf of 24 decedent ERNEST HUDDLESTON, paid substantial funds to defendant SAINT CLAIRE'S in 25 exchange for the care, treatment and therapy Plaintiffs believed would be provided to ERNEST 26 HUDDLESTON. ERNEST HUDDLESTON was injured in his health and well being due to the 27 neglect and mistreatment of defendants. To wit decedent ERNEST HUDDLESTON sustained 28 serious injuries that led to his death, including but not limited to severe dehydration, 15 COMPLAINT 1 overmedication resulting in decreased level of consciousness, multiple falls resulting in a hip 2 fracture, untreated bedsore on his heel, untreated urinary tract infections and sepsis. 3 65. Plaintiffs, and each of them, were further injured wherein defendants' unfair 4 business practices and continued misrepresentations that ERNEST HUDDLESTON would receive 5 adequate physical therapy enticed them to admit ERNEST HUDDLESTON as a resident to SAINT 6 CLAIRE'S and further persuaded them to continue to keep ERNEST HUDDLESTON as a 7 resident at SAINT CLAIRE'S. Plaintiffs, and/or others on the behalf of Decedent ERNEST 8 HUDDLESTON, paid substantial funds to defendant SAINT CLAIRE'S in exchange physical 9 therapy Plaintiffs believed would be provided to ERNEST HUDDLESTON. ERNEST 10 HUDDLESTON was injured in his health and well being due to the lack of physical therapy 11 provided to him and the poor quality of physical therapy provided to him while a resident at 12 SAINT CLAIRE'S. To wit, as a result of the lack of therapy, poor therapy and the quality of the 13 therapy decedent ERNEST HUDDLESTON sustained serious injuries that led to his death, 14 including but not limited to multiple falls resulting in numerous skin injuries and ultimately 15 resulting in a hip fracture which required surgical repair and an untreated bedsore on his heel. 16 66. As a result, Plaintiff is entitled to restitution of all funds paid to SAINT CLAIRE'S 17 by Decedent and/or on the Decedent's behalf. 18 67. As a result of Defendant's conduct, Plaintiff has incurred and will incur attorneys' 19 fees and related expenses in an amount to be proven at trial. 20 WHEREFORE, Plaintiff prays for damages as set forth below. 21 SIXTH CAUSE OF ACTION (Wrongful Death) 22 (As to All Defendants) 23 68. Plaintiffs refer to and reallege paragraphs 1 through 67, inclusive as set though set 24 forth fully herein. 25 69. Plaintiff, EDITH M. HUDDLESTON, Decedent's elderly wife, and Plaintiff, MARTINA K. ZUBEIDI, Decedent's daughter, are surviving heirs of Decedent. 27 ' 28 16 COMPLAINT 1 70. As a proximate result of the defendants' negligent and/or intentional physical abuse 2 of Decedent ERNEST HUDDLESTON he suffered dehydration, urinary tract infections, sepsis, 3 and bed sores while in the care and custody of defendants and later died on September 29, 2007. 4 71. As a further result of defendants' negligent and/or intentional abuse of Decedent, 5 Plaintiffs have been deprived of the society, comfort, companionship, attention, services, support, 6 and friendship to their damage in an amount to be proven at trial. 7 WHEREFORE, plaintiffs pray for damages as set forth below. 8 PRAYER 9 1. For special damages according to proof; 10 2. For general damages according to proof; 11 3. For costs of suit and attorney's fees herein incurred pursuant to Welfare and 12 Institutions Code § 15657 et seq.; 13 4. For pre-judgment and post-judgment interest, if any, incurred; 14 5. For reimbursement of medical expenses, including future medical expenses; 15 6. Punitive Damages; 16 7. For such other and further relief as the Court may deem proper. 17 18 DATED: MAY 4, 2009 YORK LAW CORPORATION 19 20 _ __ REBEKAH R. GIBBON 21 WENDY C.YORK Attorney for Plaintiffs 22 23 24 25 26 27 28 17 COMPLAINT COURT: Sacramento County Superior Court CASE NO. 34-2008-00008404 CASE NAME: Huddleston v. St. Claire's Nursing Center, et al. PROOF OF SERVICE I am a citizen of the United States, employed in the County of Sacramento, State oi California. My business address is 1111 Exposition Boulevard, Building 500, Sacramento CA 95815. I am over the age of 18 years and not a party to the above-entitled action. I am readily familiar with York Law Corporation's practice for collection and processing of correspondence for mailing with the United States Postal Service. Pursuant to said practice, each document is placed in an envelope, the envelope is sealed, the appropriate postage is placed thereon and the sealed envelope is placed in the office mail receptacle. Each day's mail id collected and deposited in a U.S. mailbox at or before the close of each day's business. (CCP Section 1013a(3) or Fed.R.Civ.P.5(a) and 4.1; USDC (E.D. CA) L.R. 5-135(a).) On May 4, 2009, I caused the within, PLAINTIFFS' THIRD AMENDED COMPLAINT FOR: NEGLIGENCE; ELDER ABUSE; NEGLIGENCE PERSE; FRAUD/MISREPRESENTATION; UNFAIR BUSINESS PRACTICES; & WRONGFUL DEATH, to be served via 15 Priority Legal Isaac Farris &/or Jeff Fennel 16 P.O. Box 2164 Sacramento, CA 17 By causing delivered by hand to the addressee addressed as follows: 18 Bryan L. Malone, Esq. Prout & Levangie 2021 N Street 20 Sacramento CA 95811 21 I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made and that this Declaration is executed on May 4, 2009 an 22 Sacramento, California. I declare under penalty/\of perjury under the laws of the State o California that the foregoing is true and corre Eve Knight ^-^ 25 26 27 28 Proof Of Service -1