Vista Jury Awards a Groundbreaking Verdict in Elder Abuse/Neglect Case
A Vista jury unanimously awarded plaintiff Elaine Stinson nearly $1.34 million for the reckless abuse and neglect she suffered at the hands of her care providers at Leisure Palms, a Fallbrook licensed residential care facility for the elderly. (Case No. 37-2008-00050484-CU-PO-NC, Stinson v. Leisure Palms, et al.)
June 29, 2009In a groundbreaking elder abuse/neglect case, a Vista jury unanimously awarded plaintiff Elaine Stinson nearly $1.34 million for the reckless abuse and neglect she suffered at the hands of her care providers at Leisure Palms, a Fallbrook licensed residential care facility for the elderly. The verdict was decided today, June 15, 2009.
The jury awarded $88,000 for past medical bills, $500,000 in general damages, and $750,000 in punitive damages. In addition, plaintiff's attorneys will file a post-judgment motion for attorneys, expert fees, and costs, likely adding another $400,000 or more to the judgment.
"This is the first of its kind in a case that gets at reckless neglect in a residential care facility for the elderly," according to Prescott Cole, senior staff attorney of California Advocates for Nursing Home Reform, a statewide nonprofit advocacy organization dedicated to improving the choices, care and quality of life for California's long term care consumers. "This case defined what reckless neglect is and the verdict shines a bright light on it. The 3.8 million seniors in California and 38 million Californians overall are all rich winners today; and we have Mrs. Stinson and her attorneys to thank for being courageous enough to go all the way to clarify the law. They moved the bar way up, made a statement that these kinds of things can go to trial, the jury gets it, understands how bad it is, and the defense can't hide under the assumption that clients can be browbeaten, intimidated by the system, and will give up before achieving justice. As an advocate, this is thrilling."
Search Right Col/Labels for More Posts/Resources