A tragic case of alleged elder abuse and neglect has been brought to light in Santa Clara County. On June 7, 2024, Laura Ross filed a complaint in the Superior Court of California against Covenant Care California, LLC, doing business as Gilroy Healthcare and Rehabilitation Center, along with other associated entities. The lawsuit alleges severe negligence and violations of elder protection laws that led to the untimely death of her husband, Edward Ross.
Edward Ross was a 74-year-old resident at Gilroy Healthcare and Rehabilitation Center, where he was admitted on June 7, 2023, following hip replacement surgery. According to the complaint, Mr. Ross had a complex medical history including Attention Deficit Disorder, Bipolar Disorder, Hypertension, Hyperlipidemia, Type 2 Diabetes Mellitus, and Chronic Heart Failure. He was entirely dependent on the facility's staff for his daily needs such as nutrition, hydration, hygiene, safety, and medical care. Despite these known risks and dependencies, the lawsuit claims that the defendants failed to provide adequate care.
The complaint details numerous instances of neglect that allegedly resulted in Mr. Ross developing severe pressure ulcers on his sacrum. These ulcers were reportedly left untreated and worsened over time due to improper care protocols at the facility. "Defendants repeatedly failed to follow proper pressure ulcer protocol," states the complaint. It further accuses the facility's Director of Nursing Harvinder Sijher and Administrator Nelson Rubio Argueta of ratifying this neglect by failing to take corrective actions despite being aware of ongoing issues related to understaffing and inadequate training.
Laura Ross also observed firsthand that her husband was not being turned or repositioned regularly to prevent pressure ulcers—a standard practice in nursing care for bedridden patients. Additionally, Mr. Ross experienced significant weight loss due to insufficient nutrition provided by the staff. This lack of proper care led to infections and gangrene in his wounds necessitating hospitalization where he eventually passed away on November 3, 2023.
The lawsuit seeks general and special compensatory damages for economic losses suffered due to medical expenses incurred during Mr. Ross’s treatment as well as punitive damages for the alleged willful misconduct by Gilroy Healthcare staff members. The plaintiff is also seeking attorney’s fees under Welfare & Institutions Code section 15657.
Representing Laura Ross are attorneys Dawn M. Smith (SBN 222481) and Janine A. Mitchell (SBN 348814) from Smith Clinesmith LLP based in Dallas, Texas. The case is presided over by Judge T. Phan under Case ID: 24CV440754.