A shocking case of alleged elder abuse and neglect has been brought to light in Sacramento County. On June 13, 2024, Shirley Smith, represented by her Power of Attorney Gregory Smith, filed a complaint against Windsor Elk Grove Care and Rehabilitation Center, LLC and several associated entities. The lawsuit accuses the defendants of severe negligence and violations under the Elder and Dependent Adult Civil Protection Act.
According to the complaint filed in the Superior Court of California for Sacramento County, Shirley Smith was an 84-year-old resident at Windsor Elk Grove Care and Rehabilitation Center when she suffered multiple preventable falls resulting in serious injuries, including a brain bleed. The plaintiff alleges that the facility's staff repeatedly failed to follow proper supervision protocols, neglected necessary medical treatments, and inadequately monitored Ms. Smith’s condition despite being aware of her high-risk status due to numerous comorbidities such as Parkinson’s Disease and Type 2 Diabetes Mellitus.
The complaint highlights specific instances where Ms. Smith was left unattended, leading to significant injuries. On November 29, 2023, Ms. Smith fell while unsupervised and hit her head, which resulted in a brain bleed requiring emergency medical attention at Kaiser Permanente South Sacramento Medical Center. The filing asserts that "Defendants’ continued neglect and lack of proper medical treatment...resulted in multiple falls," underscoring a pattern of disregard for patient safety.
The suit also implicates key management figures at Windsor Elk Grove Care and Rehabilitation Center—Director of Nursing Alma Oviedo and Administrator Kelly Chow—alleging they were aware of understaffing issues but chose not to address them adequately. The plaintiff contends that this understaffing was part of a broader strategy to cut costs at the expense of resident care: "Defendants engaged in a pattern and practice of understaffing...to cut costs resulting in corporate profits over residents’ care needs."
Plaintiff Shirley Smith is seeking various forms of relief from the court including general and special compensatory damages for pain and suffering endured due to the alleged neglect. Additionally, punitive damages are sought on grounds that defendants acted with recklessness, malice, oppression or fraud. The plaintiffs also request attorney’s fees per Welfare & Institutions Code section 15657.
Representing Shirley Smith are attorneys Dawn M. Smith and Janine A. Mitchell from SMITH CLINESMITH LLP based in Dallas, Texas. The case is being overseen by Judge R Fisher under Case No.: 24rzafOd11e1.