Defense Verdict in Fall Case

Brooks v. Covenant Care

Santa Barbara Superior Court. In this high-stakes claim involving allegations of elder abuse, neglect, negligence per se and wrongful death, plaintiffs were seeking to recover pre-death pain and suffering, punitive damages and attorney’s fees. The plaintiffs alleged that the skilled nursing facility failed to provide the necessary care and treatment to prevent a fall which resulted in a left hip fracture, subdural hematoma and death. Plaintiffs further alleged that the skilled nursing facility failed to properly monitor and report the changes in the resident’s medical condition. Plaintiffs, represented by Wilkes & McHugh, were able to introduce to the jury the facility’s Department of Health Services survey history under the auspices of “Notice.” In a landslide victory, the jury completely rejected plaintiffs’ claims and unanimously found in favor of the defendants on all claims.