Nursing Home Cases Highlight Ongoing Legal Battles in California
A series of high-profile lawsuits against nursing facilities in California has brought attention to the ongoing legal challenges these institutions face. In February 2024, an elderly resident, Betsy Jentz, was awarded $2.34 million by a Los Angeles County jury after the facility where she resided was found to have violated her rights over 130 times, resulting in severe injuries. (source)
Months later, an Alameda County jury found another nursing home guilty of violating the rights of James Doherty, Sr. over 1,400 times, including instances where he missed crucial chemotherapy sessions due to staff negligence. The jury awarded Doherty’s family $7.6 million after his death from a pressure sore. (source)
Upcoming trials could further underscore the legal troubles of these nursing homes. In February, a Shasta County jury will hear a case regarding alleged negligence in the COVID-19 deaths of 24 patients. Meanwhile, in the spring, another trial will address allegations of sexual assault and excessive sedation leading to death at an Alameda County facility. (source)
These facilities are linked by a common owner, Shlomo Rechnitz, who has been a controversial figure in the nursing home industry. Rechnitz and his companies, including Brius LLC, have denied all allegations. His attorney, Mark Johnson, stated that nursing homes face “abusive lawsuits” that drain resources from patient care and described Rechnitz and his wife as passive investors with no operational roles. (source)
Rechnitz’s ownership has been under scrutiny for years. In 2014, then-Attorney General Kamala Harris opposed his acquisition of additional homes due to his track record. In 2018, the State Auditor reported higher rates of deficiencies and complaints in his facilities compared to state averages. Despite this, the California Department of Public Health has granted licenses to Rechnitz’s facilities, although elder care advocates argue this highlights regulatory failures. (source)
Wendy York, an attorney in Sacramento, expressed frustration over the repeated incidents of abuse and neglect, stating, “It feels like a broken record.” York filed a lawsuit in 2021 against a Rechnitz-owned facility for COVID-related deaths, with the trial set for early next year. (source)
Johnson emphasized the lack of liability protection for healthcare providers during the pandemic and stressed the importance of recognizing the efforts of nursing homes in protecting vulnerable populations. (source)
Rechnitz has also been accused of attempting to bribe a witness in a lawsuit with Lakers tickets, although these allegations were dismissed as evidence in court. Additionally, the disclosure of Rechnitz’s net worth, estimated at $786 million, has raised questions about financial priorities in these facilities. (source)
Regulatory Oversight and Quality Concerns
The Department of Public Health has faced criticism for its handling of licensing for Rechnitz’s facilities. Efforts to improve oversight have included a two-year period of heightened monitoring. However, an analysis shows that facilities linked to Rechnitz generally perform poorly on quality metrics compared to state averages. (source)
In response to these findings, Johnson highlighted that many of Rechnitz’s facilities are located in Los Angeles County, which reportedly issues more citations than other counties. He also mentioned that these facilities self-report incidents at a higher rate, potentially skewing citation numbers. (source)
Potential for Reform
Attorney General Harris’s past intervention and the ongoing legal battles suggest significant room for reform in California’s nursing home oversight. The passage of a 2022 law aims to close loopholes that allowed operators to run facilities without licenses, compelling the Department of Public Health to consider an applicant’s history before granting licenses. Yet, just before this law took effect, licenses were granted to many of Rechnitz’s homes, including those involved in recent lawsuits. (source)
Advocates like Tony Chicotel from California Advocates for Nursing Home Reform argue that financial resources intended for patient care are being misdirected. The ongoing legal cases and public scrutiny may ultimately pave the way for stricter regulations and improved care standards in California’s nursing homes. (source)
