Kelsey Whelan, represented by attorneys Dawn M. Smith and Janine A. Mitchell of Smith Clinesmith, LLP, has filed a lawsuit against Cirby Holdings, LLC and Mountain View Healthcare Center in the Superior Court of California, Santa Clara County. The case ID is 24CV436638 and was filed on April 24, 2024.
The complaint alleges that the defendants neglected and deliberately disregarded the health and safety of Kelsey Whelan, a dependent adult resident at Mountain View Healthcare Center. The plaintiff's diagnoses include obesity, sleep apnea, spinal stenosis, vitamin B12 deficiency anemia, depressive disorder, polyneuropathy, muscle weakness, anxiety disorder and history of falling.
As a result of alleged neglect from the defendants, Whelan developed urinary tract infections and contracted clostridium difficile. She also experienced worsening of her leg condition and emotional abuse from the staff. The plaintiff argues that these issues arose due to the defendant's failure to meet basic needs such as nutrition, hydration, hygiene, safety and medical care.
The plaintiff seeks a jury trial for damages caused by violations of the Elder and Dependent Adult Civil Protection Act (Wel. & Instit. Code § 15600 et seq.) and negligence.