A recent $10 million settlement underscores the devastating consequences of negligence in assisted living facilities and raises critical questions about safety protocols in senior care. The case involved the tragic choking death of a resident at Sage Mountain Senior Living, managed by Milestone Retirement Communities, in California.
The Incident: A Preventable Tragedy
The resident died after choking on a piece of meat while dining at the facility. Despite staff being present, Sage Mountain had a policy prohibiting dining room staff from administering basic first aid during medical emergencies. Instead, they were instructed to locate care staff for assistance. Tragically, it took 7-8 minutes for care staff to arrive, during which no life-saving interventions—such as the Heimlich maneuver or a simple finger sweep—were attempted. By the time help arrived, the resident had already passed away.
Adding to the tragedy, the facility’s executive director instructed staff to move the resident to their third-floor bedroom while awaiting paramedics to avoid alarming other residents. This delay further hindered emergency responders’ ability to provide timely care.
Legal Action and Case Development
The legal team representing the resident’s family conducted extensive discovery, taking over 30 depositions that consistently bolstered their case. They also filed a motion under California Civil Code § 3295(b) to seek punitive damages. While the motion was denied, the judge noted on record that the case would likely proceed to a jury trial on punitive damages.
The litigation revealed troubling practices by the defendants, including attempts to withhold documents and witnesses and other obstructive tactics. Despite these challenges, the plaintiffs’ attorneys remained steadfast, securing monetary sanctions against defense counsel for misconduct.
Settlement Achieved After Prolonged Negotiations
After 19 months of litigation and three mediation sessions with Judge Thierry Colaw of Judicate West Santa Ana, the case was resolved for $10 million. The settlement followed a year-long negotiation process during which offers of $6 million, $8 million, and $9 million were rejected. Importantly, the settlement included no confidentiality clause, allowing the family to publicly advocate for systemic change in senior care facilities.
Implications for Senior Care Facilities
This case highlights significant issues in assisted living facilities:
– Inadequate Emergency Policies: Policies that prevent immediate first aid responses can lead to preventable deaths.
– Understaffing: The inability to locate care staff during emergencies reflects systemic understaffing issues.
– Negligence in Crisis Management: Moving a critically ill resident to avoid “causing a scene” demonstrates gross disregard for patient welfare.
Hope for Change
The family’s courage in pursuing justice aims not only to hold Sage Mountain and Milestone accountable but also to inspire broader reform in senior care practices. By shedding light on these failures, they hope other facilities will adopt policies that prioritize resident safety and prevent similar tragedies.
This settlement serves as a stark reminder of the responsibility entrusted to assisted living facilities and underscores the importance of vigilance in protecting vulnerable residents from preventable harm. Families placing loved ones in such facilities should be aware of their rights and seek legal recourse if negligence occurs.