Steve Welch, individually and as successor-in-interest to Ruby Welch, along with Jan Popolizio, Kevin Welch, Sandy Hart, and Valerie Simmons, have filed a complaint against Kalesta Healthcare Group, LLC doing business as The Villas at Saratoga. The complaint was filed on May 28, 2024, in the Superior Court of California, County of Santa Clara. The plaintiffs accuse the defendant of professional negligence and wrongful death.
The case centers around Ruby Welch, who resided at The Villas at Saratoga until her death on August 9, 2023. According to the complaint, Ruby Welch was born on August 14, 1929. On May 29, 2023, she was allegedly injured due to the negligence of an aide at the facility. The plaintiffs claim that the aide insisted that Ruby participate in Memorial Day activities despite her reluctance. As the aide pushed Ruby's wheelchair off a concrete pathway onto grass with excessive force and recklessness, Ruby fell forward out of her wheelchair onto the ground. This fall resulted in significant injuries including a fractured sternum and multiple broken ribs.
Following this incident, Ruby was taken to El Camino Hospital where she experienced chest pains and difficulty breathing. Due to the severity of her injuries and inadequate care at El Camino Hospital, she was transferred to Stanford Hospital for further treatment on May 30, 2023. Despite receiving medical attention over the next two months, Ruby's health deteriorated rapidly due to complications from her injuries until she passed away on August 9.
The plaintiffs argue that Kalesta Healthcare Group failed in its duty to provide adequate care for Ruby Welch. They allege that the healthcare provider did not use reasonable skill or care expected from similar facilities and failed to maintain proper procedures and qualified personnel necessary for patient treatment. "Defendants had a duty to use the level of skill...that other reasonably careful health care providers would use," states the complaint.
In addition to professional negligence resulting in injury and death, the plaintiffs also seek damages for wrongful death. They claim that as a direct result of Kalesta Healthcare Group's actions or omissions leading up to Ruby’s death, they have suffered economic damages such as loss of financial support and funeral expenses along with non-economic damages including loss of companionship and moral support.
The plaintiffs are seeking various forms of relief from the court including past and future general damages according to proof presented during trial; special damages for specific losses incurred; prejudgment interest; costs associated with bringing suit; and any other relief deemed just by the court.
Representing Steve Welch (individually and as successor-in-interest), Jan Popolizio, Kevin Welch, Sandy Hart, and Valerie Simmons is attorney Constantine Panagotacos from Dunn & Panagotacos LLP based in San Francisco. The case has been assigned Case No.: 24CV440014 under Judge L. Ayala’s review.