Assisted living facility not equipped to provide care for man they admitted. $3M. Los Angeles County.

Facts and Background

• Facts and Background:

  Robert Thacker was admitted into Southland Living, an assisted living facility, on August 10, 2015, following his discharge from Anaheim Global Medical Center, after being held on a Welfare and Institutions Code 5250 hold, because he was determined to be a grave danger to himself and others.

  Southland Living is a non-dementia facility, which means it cannot accept any resident who has a diagnosis of dementia. While residing at Southland Living, Mr. Thacker had at least 72 psychotic episodes, and had several hospitalizations for his psychotic episodes.

  On May 27, 2018, he was admitted into Coast Plaza Hospital for a psychotic episode. He returned back to Southland Living on May 29, 2018, with transfer records showing he had a diagnosis of dementia with psychosis. 

  Up to this point, Mr. Thacker had sustained six falls, and each time he fell, no updates were made to his Service Plan to minimize his risk for falls. When Mr. Thacker returned from Coast Plaza Hospital on May 29, 2018 with a diagnosis of dementia, no updates were made to his Service Plan to instruct staff on how to care for Mr. Thacker with dementia. Regulations required Southland Living to monitor Mr. Thacker’s activities and required safeguards in place for residents with dementia.

  On December 7, 2018, Mr. Thacker was allowed to leave the facility without his wheelchair, and unattended despite a physician’s order stating he was not to leave the facility unassisted, and needed a wheelchair as a balance aid. Mr. Thacker was sitting on the bench outside the perimeter gates of the facility, next to the facility’s parking lot. Mr. Thacker got up to avoid a car accident that was taking place in the parking lot, tripped, fell, and hit his head on the concrete. At the time of his fall, no one from Southland Living knew he was outside, or for how long. Mr. Thacker was transported to the hospital where CT scans showed he had sustained a massive brain bleed from the fall. Mr. Thacker was in a coma on a ventilator for one week before life support was withdrawn. He died on December 15, 2018.

  At the time of trial defendants stipulated Mr. Thacker fell at Southland Living and the fall caused his brain bleed, and death. The Ensign Group, Inc. is the parent corporation of Southland Management, LLC which in turn, operates Southland Living (the facility). The jury found that The Ensign Group, Inc. and Southland Management, LLC were in a joint venture in operating Southland Living.

• Plaintiff's Contentions:

  That Southland Living was not qualified or trained to care for residents with mental health issues like Mr. Thacker's. 

  That defendants improperly admitted and retained Robert Thacker as a resident given his mental health issues, and diagnosis of dementia. Southland Living was not a dementia facility and did not have qualified staff to care for residents with dementia, and psychosis.

• Defendant's Contentions:

  That Robert Thacker did not have dementia, and was free to leave the facility when he wanted, and was free to sit outside the gated area of the facility premises without supervision.