A tragic incident at a Sacramento nursing facility has led to a lawsuit alleging wrongful death, elder neglect, and professional negligence. The complaint was filed by Annette Dillard on August 9, 2024, in the Superior Court for the State of California, County of Sacramento, against Midtown Oaks Post-Acute and White Fir Holdings, LLC.
Annette Dillard's mother, Ethel Alspaw, was admitted to Midtown Oaks Post-Acute on August 1, 2023, following surgery for critical limb ischemia. Despite being deemed a high fall risk with specific care instructions from Sutter Medical Center Sacramento, Alspaw suffered an unwitnessed fall on the night of August 10 or 11. The fall resulted in a traumatic brain injury that led to her death on August 18. The lawsuit claims that the defendants failed to provide adequate care and neglected necessary precautions to prevent falls.
According to the complaint, Midtown Oaks had been informed of Alspaw's high fall risk but failed to implement essential safety measures such as bed and chair alarms or floor mats. The facility also allegedly did not conduct frequent rounds or assist Alspaw with daily activities adequately. Dillard visited her mother daily and observed several lapses in care, including cluttered rooms and lack of proper monitoring equipment.
The coroner's report confirmed that Alspaw died from diffuse traumatic brain injury due to an unwitnessed fall at Midtown Oaks. Dillard asserts that the defendants' negligence directly caused her mother's untimely death. She is seeking general damages for loss of companionship and emotional distress, punitive damages for willful misconduct, funeral expenses, emergency personal expenses, attorney’s fees, and other economic losses.
Representing Annette Dillard are attorneys Ognian Gavrilov and Richard Silvestri from Gavrilov & Brooks law firm. The case is presided over by Judge [Judge's Name] under Case No. 27-015914.