Defense offers $150,000 in hospice sexual assault case. Defense verdict. Riverside County.

Facts and Background

• Facts and Background:

  On July 30, 2013, plaintiff, a 55-year-old recovering alcoholic and hospice patient with end-stage liver disease, claimed to have been raped while being showered by defendant hospice aide. The corporate defendants waited until the following day before sending the plaintiff to the emergency room for a sexual assault examination. 

   

• Plaintiff's Contentions:

  That the employed aide of the hospice defendant brutally raped plaintiff. The rape involved anal penetration with forced oral copulation and major trauma to plaintiff's penis. Thereafter, that the management of both corporate defendants conspired to conduct sham investigations by delayed reporting and falsified reports to mandated governmental agencies about the true facts and falsely portrayed the plaintiff as being a violent, confused individual who was not credible.  That this was done to cover up the rape allegations to preserve their operating licenses and ability to make profits at the expense of their patients.

  That in furtherance of the conspiracy and to make sure the plaintiff lacked credibility, defendant healthcare providers overmedicated plaintiff before presenting him for interviews by the police and emergency room personnel.  Further, that the emergency room report and dozens of color photographs taken during that examination provide clear and convincing proof of a violent sexual battery. 

  Punitive damages were sought against the skilled nursing facility by way of the claim for defendant adult abuse and against the hospice company for ratifying the patient rape by their failure to investigate the allegation or discipline their employee. 

   

• Defendant's Contentions:

  That no sexual assault or battery took place, the allegation being nothing more than a fantasy story.  Defendant hospice aide remained constant in his denial of any wrongful conduct. 

  That plaintiff has difficulty in distinguishing fantasy from reality as a result of his liver disease and brain damage from falling while drunk.  The rape allegation was reported to the police after the patient was interviewed to confirm the allegation.  As the patient was stable without apparent injury, the emergency room examination was deferred until the police arrived for their interview.  Thereafter, plaintiff was transported to the emergency room for a comprehensive evaluation. 

  The corporate defendants denied there was any unreasonable delay in reporting the incident to governmental agencies and contend that their investigation was thorough but limited by police involvement.  Ultimately, the defendants’ investigations and those of the involved governmental agencies (Indio Police Department, Adult Protective Services, State of California Ombudsman) all closed their files with no action. 

  Further, that the emergency room report and photographs depict no traumatic injuries and did not confirm the alleged sexual assault.  What was found and photographed reflected nothing other than the plaintiff’s preexisting medical conditions, not traumatic injuries. 

  The defendant hospice company conducted a thorough investigation under the circumstances and relied upon the broad-based investigation results of the involved governmental agencies that never substantiated any wrongful conduct on the part of their employee whom they concluded to have been wrongfully accused.  They never ratified/approved any wrongful conduct and there was no evidence of ratification by their officers, directors or managing agents so that punitive damages were unwarranted.