Long Beach, California – In a groundbreaking jury trial that marks a significant victory for the rights of nursing home residents, the Long Beach, California, law firm of Lanzone Morgan, LLP has successfully litigated a case of elder neglect, negligence, and violation of the nursing home Residents’ Bill of Rights against Alameda Healthcare & Wellness Center, a skilled nursing facility located in Alameda, California.
After a six-week jury trial, an Alameda County Superior Court jury found that Alameda Healthcare & Wellness Center, and its management companies and owner, were liable for elder neglect of a veteran who was fighting cancer. The jury awarded a total of $7,637,000.00, which included an award of punitive damages.
James Doherty, Sr. (now deceased), a 71-year-old Air Force veteran, entered Alameda Healthcare in May of 2022, while recovering from advanced tongue cancer. After treatment, his cancer was shrinking, but he remained medically fragile and needed skilled nursing care to continue with his oncology appointments and to assist him with his activities of daily living, including turning and repositioning to prevent him from getting pressure sores.
Even though Alameda Healthcare was farther from their home, Mr. Doherty’s family chose this particular facility because it promised transportation to his cancer appointments. Instead, Alameda Healthcare failed to transport Mr. Doherty to at least seven oncology appointments, disrupting his cancer treatment, and the staff at the facility repeatedly failed to provide the turning and repositioning he needed, resulting in a massive pressure sore.
As a result of the nursing home’s neglect, Mr. Doherty developed a severe, deep, infected sacral pressure sore that tunneled to bone and became infected. Facility records and witness testimony showed that Certified Nursing Assistants falsified care charts, claiming to have turned and repositioned Mr. Doherty even at times when he was not in the facility. Those records also showed over 500 missed turning and repositioning entries, and because of the fraudulent entries, even that number understates the true extent of the facility’s neglect.
After a rigorous six-week trial in Alameda County, a panel of 12 jurors found Alameda Healthcare guilty of 1,437 violations of the nursing home Residents’ Bill of Rights, awarding $500.00 per violation ($718,500.00), and found Alameda Healthcare & Wellness Center, LLC and Rockport Administrative Services, LLC, guilty of negligence and elder neglect, awarding $918,500.00 for Mr. Doherty’s pre-death pain and suffering.
The jury also decided that the defendants’ conduct was committed with malice and oppression, awarding punitive damages in the amount of $2 million against Alameda Healthcare and $4 million against Rockport. Defendants Boardwalk West Financial Services, LLC, and Shlomo Rechnitz were found to be liable as joint ventures with the other defendants. Mr. Rechnitz testified at trial that he owns approximately 88 nursing homes in the State of California, amassing over $1.3 billion in assets.
The jury’s finding of 1,437 violations of the Residents’ Bill of Rights is believed to be the largest number of violations found by a jury in the State of California.
The trial exposed that the facility cycled through multiple Directors of Nursing during Mr. Doherty’s 13-month stay — sometimes operating without any Director of Nursing. Staff were poorly trained, poorly supervised, and left to work without oversight, creating dangerous lapses in care.
Rockport controlled the facility’s finances, hiring, payroll, and bank accounts, while Shlomo Rechnitz and his related companies, largely made up of his family members, profited from leases, supply contracts, and service agreements with Alameda Healthcare, stripping the facility of the funds it needed to provide resident care. This corporate web prioritized profits and internal payments over resident safety and care.
“This verdict confirms what we proved in court: they abandoned Mr. Doherty when he needed them most,” said attorney Elizabeth M. Kim, counsel for the family. “They decided his life wasn’t worth the effort because he had cancer. But he was still fighting and they took that hope away from him.”
The Doherty family was represented at trial by Ayman R. Mourad and Elizabeth M. Kim of Lanzone Morgan, LLP, located in Long Beach, California. The defendants were represented by Spencer H. Jenkins and Sean M. Cowdrey of Cowdrey Jenkins, LLP, located in Camarillo, California, and Peter G. Bertling of Bertling Law Group.
Attorney Ayman R. Mourad, counsel for the family, stated: “The jury’s verdict makes clear that nursing homes and their corporate operators cannot falsify records, conceal neglect, and abandon residents without facing full accountability.”
The verdict sends a strong message that the exploitation of elderly nursing home residents will not be tolerated, and it underscores the importance of protecting this vulnerable segment of our community. Lanzone Morgan, LLP remains committed to fighting against elder abuse and upholding the rights of seniors, especially those who have served our country.
The following content has been legally reviewed and approved by nursing home abuse attorney Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.