Seattle-Based Emeritus Walloped With $23 Million Verdict

The Sacramento Bee reported that just last week, a Sacramento jury found Emeritus Corp. guilty of wrongful death and elder abuse on Tuesday in relation to its care of a former resident who died shortly after leaving an Emeritus-run senior living community in California.

Emeritus, based in Seattle, Washington is the largest assisted living facility in the U.S.

Emeritus, largest US assisted living facility corp.

Emeritus, largest US provider of assisted living facilities

The Boice family brought a lawsuit against Emeritus for the abuse and death of Joan Boice, 82.  Ms. Boice, who suffered from Alzheimer’s, had passed away three months after moving into a nursing home in 2008. She had resided at Emeritus at Emerald Hills in Auburn, CA.

Within months, she was found with at least four major pressure ulcers, which were believed to have been a significant factor in causing her death. By day 10 of her stay at the Emeritus facility, Joan had fallen down and was never able to get out of her wheelchair after her fall.

Late last year, Emeritus offered a $3.5 million settlement to the son and daughter of Ms. Boice. But Eric Boice wanted others to know his mother’s story of the elder abuse and neglect: so, the Boices went to trial.

The jury on the case voted unanimously against the company on 12 out of 15 questions on the two jury forms, including voting 12-0 that Emeritus employees failed to use reasonable care in providing for Boice’s hygienic, mental health, and safety needs.

The jurors also unanimously voted that this failure resulted in substantial harm to Boice, and that Emeritus’ officers and directors knew “about the unfitness of their employees and [acted] with conscious disregard of the rights and safety of others.”

Finally, the jurors voted 12-0 that Boices proved “that an employee, officer, director, or a managing agent acted with recklessness, malice, oppression, and fraud.”

Counsel for Emeritus vowed to appeal. This story tells us that no matter the size of the facility, if you have a loved one in assisted care, please remain vigilant.

See more:  Life and Death in Assisted Living

About Kevin
Kevin Coluccio was recently named one of the Top 10 Super Lawyers in Washington State. He has long history of successful elder abuse/neglect cases and has a stellar reputation for getting results for his injury clients in serious car crashes, pedestrian accidents, trucking accidents, maritime claims, and asbestos injury cases.