A tragic case of elder neglect and abuse has surfaced in Sacramento, California, as a widow seeks justice for her late husband. On June 21, 2024, Nancy Ortner filed a complaint in the Superior Court of California against Aging Assistant, LLC; Elk Grove Memory Care, LLC dba The Gardens at Laguna Springs Memory Care; Koelsch Senior Communities, LLC; and other unnamed defendants. The lawsuit alleges severe mistreatment leading to the suffering and eventual death of Gerard Ortner.
Gerard Ortner was admitted to The Gardens at Laguna Springs Memory Care in September 2022 due to cognitive decline. His wife, Nancy Ortner, chose this facility based on promises of specialized care by well-trained staff. However, the complaint reveals a grim reality where Gerard experienced systematic neglect and abuse. "Numerous red flags put AGING ASSISTANT on notice of serious problems within their chain," states the filing. It details how understaffing and inadequate training led to Gerard's deteriorating condition being ignored.
The lawsuit highlights several instances where Gerard's needs were neglected. Despite hiring additional sitters from Aging Assistant for one-on-one care, Gerard’s aggressive behaviors were not managed appropriately. Instead of receiving person-centered care approaches like non-pharmacological interventions and consistent routines, he faced verbal abuse and physical threats from caregivers. One shocking incident on September 18, 2022, involved a caregiver calling the police after noticing injuries on Gerard that suggested physical abuse.
Further investigation revealed unreported falls and injuries within the facility. Staff members admitted to detectives that they were "constantly short-staffed," contributing to their inability to provide adequate care for residents like Gerard. The lawsuit accuses Koelsch Senior Communities of deliberately understaffing facilities to maximize profits at the expense of resident care. "Despite knowing full well that they did not have enough staff to take care of the residents at their facilities," reads the complaint.
Nancy Ortner is seeking various forms of relief from the court including general damages, special damages, attorneys' fees under Welfare and Institutions Code section 15657(a), statutory damages according to proof, punitive damages against defendants for their reckless actions, and costs of suit. The case underscores significant violations under Welfare & Institutions Code section 15600 et seq., highlighting systemic issues within elder care facilities.
Representing Nancy Ortner is Sean R. Laird from The Law Firm of Sean R. Laird. The case is presided over by Judge M.M Pipe with Case ID No: 44 O1TSe 424.