In a tragic turn of events, a family has filed a lawsuit against a home healthcare agency for elder abuse, negligence, and wrongful death. The complaint was filed by Deanna Haugaard and Samuel Dougherty on June 7, 2024, in the Superior Court of California, County of Santa Clara, against Allegra Homecare, Inc.
The plaintiffs allege that Allegra Homecare failed to provide adequate care for Denise Dougherty, who suffered from Parkinson's Disease and was at high risk of falling. According to the complaint, Mrs. Dougherty required constant supervision to prevent falls. Despite these needs being communicated to Allegra Homecare by Deanna Haugaard, the agency allegedly neglected its duty. On March 30, 2023, while under the care of an Allegra caregiver named Feliza at Merrill Gardens at Willow Glen in San Jose, Mrs. Dougherty fell and fractured her neck after being left alone when Feliza went to do laundry without bringing her key. This fall led to Mrs. Dougherty's hospitalization and subsequent death on April 3, 2023.
The plaintiffs assert that Allegra Homecare's actions constitute elder abuse and neglect under California Welfare & Institutions Code §15610.57. They claim that the agency failed to exercise the degree of care required for someone in Mrs. Dougherty’s condition and did not have sufficiently trained staff to prevent such accidents. The complaint details how the defendants knew or should have known about Mrs. Dougherty’s high fall risk but still neglected their duties by leaving her unsupervised.
Furthermore, the plaintiffs accuse Allegra Homecare of prioritizing profits over patient safety by not providing necessary services despite knowing the risks involved. The lawsuit also includes claims for negligence/willful misconduct and wrongful death due to elder neglect and negligence.
Deanna Haugaard and Samuel Dougherty are seeking general damages according to proof; special damages including medical services, funeral expenses; attorney’s fees; exemplary and punitive damages; costs of suit; prejudgment interest; and any other relief deemed just by the court.
Representing the plaintiffs is Andrew Wolff from Law Offices of Andrew Wolff P.C., while Judge J. Nguyen is overseeing the case under Case ID: 24CV440734.