CALIFORNIA ELDER ABUSE DEFENSE VERDICT

Health Care Center Found Not Liable For

Injuries: Patient Alleged Elder Abuse

            A
jury in the Chatsworth Branch of Los Angeles Superior Court deliberated less
than one day before finding that, Forever Young Health Care Center was not
responsible for serious injuries suffered by a patient.  The plaintiff, Fada Ayoub, had sued Forever
Young for damages suffered in an accident that occurred in August of 2010.  The trial, that lasted over 13 days, was
highlighted by the testimony of numerous nursing and medical experts who were
called on behalf of the plaintiff and the defendant.

            At
the time of the accident, the plaintiff, Fada Ayoub, was 78 years old.  She had been admitted to Forever Young Health
Care Center for therapy to treat a number of pre-existing diagnoses including
the effects of a stroke, Parkinson’s disease, tremor and a listing of
falls.  While participating in a
supervised exercise therapy program, she fell and suffered a spinal
fracture.  Over the next several months,
the original fracture led to additional fractures caused by bone collapse
compression fractures.  Eventually, the
effects of the injury left her wheelchair bound and unable to care for
herself.  The defendant, Forever Young,
claimed that it was not responsible for the accident.

            Plaintiff’s
counsel, Edmond Salem of Santa Monica, accused Forever Young, and its corporate
parent, of abusing and neglecting Mrs. Ayoub by failing to provide properly
licensed 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 active
and healthy prior to the accident and is now completely debilitated and
confined to a wheelchair.  The lawsuit
sought more than $1,000,000 in compensation for the plaintiff, plus attorney’s
fees and an award of punitive damages to set an example of the defendant.

            Defense
counsel for Forever Young, Thomas Beach of Ventura, claimed that Mrs. Ayoub’s
injuries, while very tragic, resulted from the progress of her diseases and
could not be avoided.  In paperwork filed
with the court, Beach claimed that the facility should have no liability because
other physician’s had certified that Mrs. Ayoub was fit to participate in the
exercise therapy program provided by Forever Young.

            Following
deliberations, the jury returned a verdict that Forever Young was guilty of
negligence in the care services provided to Mrs. Ayoub.  However, the jury found that the negligence
was 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 Superior
Court.  Judgment was entered on February
25, 2014.

Defense
Attorneys:                Thomas E. Beach

Spencer H. Jenkins

                                                Beach | Cowdrey | Owen, LLP

 

Plaintiffs’
Attorneys:            Edmond Salem

                                                Robert
McNamara

                                                The
Salem Law Firm

                                           

Verdict:  February 25, 2014

Author: Web Master
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