Sacramento Man Dies In Nursing Home, Part 1 of 3

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this elder abuse/personal injury case and its proceedings.)

Plaintiff John Allen (“Allen”), deceased, by and through his conservator, Darrell Allen, submits the following Settlement Conference Statement:


This is an action for violation of the Elder Abuse and Dependent Adult Act (“EADACPA”) and negligence against defendant XYZ MEDICAL CENTER (“XYZ”) for its reckless neglect in its failure to provide adequate custodial care to Allen. This also an action for violation of the EADACPA, negligence, battery, and intentional infliction of emotional distress against defendant Paul Smith (“Smith”) arising out the battery against Allen. Furthermore, this is an action against defendant Generic Nursing, Inc., (“Generic”) under the doctrine of respondeat superior, and for negligent hiring and retention of defendant Smith.


Allen, who is now deceased, was an incompetent adult as determined by the probate court. The court appointed Allen’s father to be the limited conservator over Allen’s person and estate. Therefore, Allen was the proper plaintiff under the EADACPA. Allen suffered from attention deficit disorder with hyperactivity, global developmental disability, and had emotional behavioral problems. Prior to his admission to XYZ’s medical facility, Allen was a regional center client. An individual is eligible to be a client of the regional center if he/she has a developmental disability and has an IQ of 85 or below. Allen could not read, write, count, or manage his own finances. He was assigned a payee who managed his social security check.

On or about February 11, 2005, Allen was shot in the neck, and the shooting rendered him a quadriplegic. Shortly after the shooting, Allen was admitted to University, a branch of XYZ.
Shortly after being admitted to University, Allen was assessed for his risk for developing decubitus ulcers. The University staff at XYZ concluded that Allen’s risk for developing decubitus ulcers was high. In order to satisfy his nutritional needs, Allen was given a percutaneous endoscopic gastrostomy tube (PEG) that was monitored by his dietician.

During his stay at University, Allen was taking a host of pain medication and medication for depression, including Dilaudid and Zoloft. Because Allen was a quadriplegic, he needed assistance with mobility. While an inpatient at University, Allen developed stage III decubitus ulcers on his buttocks, a stage IV decubitus ulcer on his left hip, and a stage II decubitus ulcer on his left ankle.

Also, on or about July 4, 2005, defendant Smith, a registered nurse, assaulted Allen during the time that Smith provided nursing care to him. Smith was hired to work at University through Generic, an employment registry. The assault arose out of a dispute between Smith, Allen, and Allen’s father. The dispute began when Smith came into Allen’s room to take his blood pressure, and Smith grabbed Allen’s arm. There was a sign above Allen’s bed that indicated that no one should touch Allen without his permission. Allen’s father objected to the manner in which Smith grabbed Allen’s arm. After Allen’s father left, Smith went back into Allen’s room, slammed him to the bed, punched him, and said You are cussing the doctor’s out, and further stated You don’t do me like this, you m—–f–ker. (See Part 2 of 3.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

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