Moran Law & The Orange County Elder Abuse Choking Case
A jury in Orange County, California, awarded $1.25 million to the family of a nursing home resident who died as a result of neglect at the Victoria Healthcare & Rehabilitation Center located in Contra Costa.
In the lawsuit, the elder abuse attorneys at Moran Law alleged that Victoria Healthcare and their parent company, The Flagstone Group, Inc. were negligent in the care of a 78-year-old patient suffering from colon cancer which ultimately led to his death.
According to a press release from the elder law firm Moran Law, Harvey Cohoon was checked into Victoria Healthcare & Rehabilitation after he was diagnosed and was undergoing radiation and chemotherapy. Shortly into his stay, Cohoon began experiencing trouble with swallowing and the home was urged to change his diet. A speech therapist for the facility ordered his food chopped up and made easier to chew and swallow. Staff was also instructed to monitor Cohoon while he ate to prevent him from choking.
But, sadly, the facility failed to follow those instructions, causing Coohon’s death. According to the suit, on December 28th, 2012, the same night the speech therapist changed his diet, Cohoon was served a chicken dinner that had not been cut up and he choked. Emergency crews were called to the home and make attempts to revive him, but 24 hours later he was pronounced dead due to a lack of oxygen to the brain, according the Moran Firm press release.
Although, regulators for the California Department of Health investigated the incident and found no wrongdoing on behalf of the Victoria Center or the Flagstone Group, an Orange County jury disagreed and awarded the family a substantial settlement.
When a healthcare or other professional makes recommendation about an elderly person’s care, they and their family have a reasonable expectation that those recommendations will be followed for the health and safety of their residents. These recommendations are not arbitrary, they are very important and should never be ignored or disregarded. But, unfortunately, as the case of Mr. Cohoon demonstrates, many facilities across the state of California do not follow those recommendations with deadly consequences.
When a nursing home resident’s needs are not met it is possible for that resident or their family to pursue the facility for compensation. In the event that your loved one’s care is ignored or neglected, you are encouraged to contact a Santa Ana nursing home abuse attorney to discuss the facts of your case. They will help you determine if you have grounds to file a personal injury or wrongful death suit and will diligently work to ensure you receive an optimal settlement for your costs and emotional anguish.
Our nursing home abuse attorneys serving Santa Ana understand the pain and heartache nursing home neglect causes for thousands of families across the state.