A tragic case of alleged elder abuse and neglect has been brought to light as a complaint was filed against a healthcare facility accused of failing in its duty of care. The lawsuit, filed by Aisha Waller on October 2024 in the Superior Court of California, County of San Francisco, names Victorian Post Acute and several individuals as defendants. Waller, acting individually and as a successor-in-interest to her deceased mother Wilhelmina McFarland, claims that the facility's negligence led to her mother's suffering and eventual death.
The plaintiff, Aisha Waller, is pursuing legal action against Victorian Post Acute along with Asante Williams and Alicia McFarland-Owens, who are also heirs of the deceased but have not consented to join the lawsuit. The complaint alleges multiple causes of action including elder abuse/neglect, professional negligence, wrongful death, negligent infliction of emotional distress, and violation of patient rights. According to the filing, Wilhelmina McFarland was under the care of Victorian Post Acute from August 2011 until her death in November 2023. During this time, she suffered from dementia and other incapacitating conditions which left her unable to advocate for herself or comprehend her legal rights.
Waller's allegations center around claims that Victorian Post Acute failed to provide adequate care for McFarland's basic needs such as feeding, hygiene maintenance, and medical treatment. The complaint states that despite being aware of McFarland’s frailty and need for assistance with daily activities like mobility and nutrition intake, the defendants neglected these duties leading to severe consequences including malnutrition, dehydration, bedsores, and ultimately death. "Defendants consciously failed to act to avoid known perils," reads one part of the complaint highlighting their alleged reckless neglect.
In addition to seeking general damages for each cause of action outlined in the lawsuit, Waller is also pursuing punitive damages due to what she describes as "despicable conduct" by the defendants. She seeks treble damages under Civil Code §3345 for elder abuse violations alongside attorney fees and costs. For professional negligence claims specifically related to improper monitoring and treatment leading up to McFarland’s demise, compensatory damages are sought according to proof at trial.
Furthermore, Waller accuses Victorian Post Acute specifically of violating patients' rights under California regulations by failing to uphold federally mandated standards for resident care. She demands an injunction against further violations alongside reimbursement for legal expenses incurred during this process.
Representing Aisha Waller are attorneys Anthony D. Ghecea and Gregory J. Goodwin from Goodwin & Ghecea Law Offices based in Modesto CA; no defense counsel information is available within this document excerpt nor details about any assigned judge presiding over Case ID CGC-24-619555.