Suit filed in death of patient

By Rob Young/Appeal-Democrat

Relatives of a 98-year-old Alzheimer's patient who was left outside all night in her wheelchair at an East Marysville nursing home have filed a wrongful-death lawsuit against the facility's operators.

Mildred Taylor died July 23, 2004, as a direct result of being left for about 12 hours in temperatures that dipped as low as 58 degrees on the night of June 26, according to the lawsuit filed in San Francisco Superior Court.

San Francisco attorney Thomas J. Brandi, who represents Taylor's children, Elma Sheppard and Henry Taylor, called the incident "horrible and tragic" and a clear case of Prestige putting profit ahead of proper care.

Mildred Taylor's granddaughter, Kathy Wilson, said her family "continues to be scared for the elderly. We have been devastated by this happening to my grandmother in her final days and we were certainly hoping for changes to be made to be sure that this didn't happen to some else's mother and grandmother."

Named as defendants are Prestige Care Inc. of Vancouver, Wash., Prestige Assisted Living Ventures LLC, Marysville Ventures LLC, Prestige Senior Living LLC, and Debbie Montes, a nursing home employee who allegedly left Taylor outside.

Prestige officials acknowledged wrongdoing last year after the incident and promised to keep closer tabs on patients.

In a prepared statement Wednesday, Prestige officials said they could not comment on specific allegations.

They said Prestige "takes pride in its efforts to provide the best care and safety to our residents."

Montes, who was fired after the incident, is facing a July 19 trial in Yuba County Superior Court after pleading not guilty to a misdemeanor charge of elder endangerment.

Besides wrongful death, the lawsuit accused Prestige of negligence, elder abuse, willful misconduct, intentional infliction of emotional distress, misrepresentation and concealment.

According to the lawsuit, filed two months ago, Prestige did not hire competent employees, did not adequately train them and "had actual and constructive notice of their failure to hire enough employees to care for their Alzheimer's patients."

Police said the scantily clad Taylor was found shivering in her wheelchair at 6 a.m. the next day at Prestige Assisted Living, 515 Harris St.

Taylor "suffered fear, anxiety, humiliation, physical pain and discomfort, and emotional distress," the lawsuit said.

Taylor's relatives had been told that her safety and comfort at Prestige Assisted Living would be assured and that the quality of care was "light years ahead of anything else you'll see," said the lawsuit, which asks for unspecified monetary damages as well as burial and funeral expenses.