A court filing reveals a harrowing case of alleged elder abuse and neglect at a Santa Clara nursing facility. On July 3, 2024, Minerva Fleming filed a complaint in the Superior Court of California, County of Santa Clara, against 991 Clyde Avenue Opco, LLC dba Santa Clara Post Acute and other associated entities.
The complaint details how Minerva Fleming, born on May 30, 1947, suffered severe neglect during her stay at the Santa Clara Post Acute facility. According to the filing, Fleming was admitted to the facility on July 13, 2023, after suffering multiple fractures and blisters on her foot. Despite her high risk for skin breakdown due to immobility and neurogenic bowel and bladder issues, the facility allegedly failed to provide adequate care. The complaint accuses the defendants of not implementing proper wound care plans or providing necessary assistance with daily activities such as bathing and toileting. As a result, Fleming developed an unstageable sacral wound that became infected.
The lawsuit also alleges that the defendants engaged in a pattern of understaffing and inadequate training to maximize profits at the expense of patient care. The filing states that "the decision to understaff was made at the corporate level by Defendants’ officers, directors, and managing agents...in order to increase profitability." This alleged understaffing led to significant lapses in care for Fleming, including failure to turn and reposition her regularly or maintain proper hygiene.
Fleming's legal team argues that these actions constitute elder abuse under California Welfare & Institutions Code §15600 et seq., violation of resident rights under Health & Safety Code §1430(b), and negligence. They seek general damages exceeding the court's minimum jurisdictional amount, special damages for medical expenses incurred due to the neglect, attorney’s fees and costs pursuant to Welfare & Institutions Code §15657 and Health & Safety Code §1430(b), statutory damages up to $500 per violation of resident rights, punitive damages for recklessness and conscious disregard for safety under Civil Code §3294, and an injunction against future violations.
Representing Minerva Fleming are attorneys Gregory L. Johnson (No. 177889) and Anne K. Moore (No. 351360) from Johnson Moore law firm based in Thousand Oaks, CA. The case is presided over by Judge Anne K. Moore under Case ID: 24CV442518.