Giovanniello & Michels Secure Defense Verdict in Elder Abuse Case
DRI member Alexander F. Giovanniello of Giovanniello & Michels in Brea, California, obtained a defense verdict in a jury trial involving allegations of elder abuse and wrongful death. The plaintiffs maintained that the decedent was neglected in a long term acute care hospital. The plaintiffs claimed that the decedent became deconditioned while at Kindred Hospital, due to lack of physical therapy and an inability to be weaned off a ventilator. Additionally, the plaintiffs claimed that at Kindred Hospital, his preexisting sacral pressure wound deteriorated from lack of turning and hygiene.
They further claimed that the decedent was ignored after he apparently bit his tongue, resulting in a laceration that bled all night until it was surgical repaired 10 hours later. Due to loss of blood resulting from the tongue bite incident, the decedent went into hypovolemic shock and never really recovered. The plaintiffs contended that the decedent died from the effects of the tongue bite two months later.