CALIFORNIA ELDER ABUSE DEFENSE VERDICT

CALIFORNIAELDER ABUSE DEFENSE VERDICT

DefenseAttorneys:                Thomas E. Beach

Spencer H. Jenkins

                                                Beach | Cowdrey | Owen, LLP

Plaintiffs’Attorneys:            Edmond Salem

                                                RobertMcNamara

                                                TheSalem Law Firm

                                           

Verdict:  February 25, 2014

 


Health Care Center Found Not Liable For

Injuries: Patient Alleged Elder Abuse

            Ajury in the Chatsworth Branch of Los Angeles Superior Court deliberated lessthan one day before finding that, Forever Young Health Care Center was notresponsible for serious injuries suffered by a patient.  The plaintiff, Fada Ayoub, had sued ForeverYoung for damages suffered in an accident that occurred in August of 2010.  The trial, that lasted over 13 days, washighlighted by the testimony of numerous nursing and medical experts who werecalled on behalf of the plaintiff and the defendant.

            Atthe time of the accident, the plaintiff, Fada Ayoub, was 78 years old.  She had been admitted to Forever Young HealthCare Center for therapy to treat a number of pre-existing diagnoses includingthe effects of a stroke, Parkinson’s disease, tremor and a listing offalls.  While participating in asupervised exercise therapy program, she fell and suffered a spinalfracture.  Over the next several months,the original fracture led to additional fractures caused by bone collapsecompression fractures.  Eventually, theeffects of the injury left her wheelchair bound and unable to care forherself.  The defendant, Forever Young,claimed that it was not responsible for the accident.

            Plaintiff’scounsel, Edmond Salem of Santa Monica, accused Forever Young, and its corporateparent, of abusing and neglecting Mrs. Ayoub by failing to provide properlylicensed physical therapists to assist her in the exercise program.  He portrayed the defendant as a “for profit”organization that placed its financial goals ahead of patient care.  He claimed that his client had been activeand healthy prior to the accident and is now completely debilitated andconfined to a wheelchair.  The lawsuitsought more than $1,000,000 in compensation for the plaintiff, plus attorney’sfees and an award of punitive damages to set an example of the defendant.

            Defensecounsel for Forever Young, Thomas Beach of Ventura, claimed that Mrs. Ayoub’sinjuries, while very tragic, resulted from the progress of her diseases andcould not be avoided.  In paperwork filedwith the court, Beach claimed that the facility should have no liability becauseother physician’s had certified that Mrs. Ayoub was fit to participate in theexercise therapy program provided by Forever Young.

            Following deliberations, the jury returned a verdict that Forever Young was guilty ofnegligence in the care services provided to Mrs. Ayoub.  However, the jury found that the negligencewas not the actual cause of Mrs. Ayoub’s disability injuries.  No compensation was awarded by the jury.

            The case was tried before Hon. John F. Kralik of the Los Angeles SuperiorCourt.  Judgment was entered on February25, 2014.

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