The plaintiff was admitted to Julian Parkview Convalescent due to an inability to care for her general activities of daily living. She was admitted with a diagnosis of “age-related osteoporosis without current pathological fracture.”

Julian Parkview agreed to provide all the care and services necessary to keep her safe, and were fully aware of her inability to provide for her own basic needs and to protect herself from health and safety hazards. Despite her known risk of falling, Parkview Julian never prepared an adequate and appropriate care plan to address this known risk and never implemented standard procedure to prevent falls. And in a matter of less than three weeks, she had three falls. Nine days after the final fall, she met her unexpected and untimely death.

California Department of Public Health issued two citations related to her care and treatment in the final days of her life: for failing to ensure new interventions were implemented after each of her falls, and for failing to maintain a safe patio space for the residents which had the potential to (and actually did) cause injury.

The lawsuit claims Parkview Julian excessively and dangerously underfunded the facility such that neither nursing staff in adequate numbers nor adequate training of such staff could be provided to protect facility residents from foreseeable harm.