Woman, 87, Settles Lawsuit Alleging Nursing Home Abuse

A Panorama City nursing home has reached an out-of-court settlement of a lawsuit brought by an 87-year-old former patient who said she was beaten, suffering two broken ribs, and was tied to her bed by employees angered because she asked for help using the bathroom, her attorney said Tuesday.

The provisions of the settlement between Sun Air Convalescent Hospital and Julita Gamalinda of Granada Hills require that the terms be kept secret, said Brian Yapko, one of Gamalinda’s attorneys.

Last week, Yapko and Gamalinda’s family said they would not accept such a confidentiality agreement, saying that covering up the conduct of nursing home employees would hurt other people who may have suffered abuse at Sun Air.

Sun Air and its attorney have declined to comment.

The lawsuit was scheduled to go to trial this week, but a settlement “mutually agreeable to all sides” was reached Monday night, Yapko said.

In her lawsuit, Gamalinda alleged that employees attacked her, strapping her in bed several times during a four-week stay last July and August.

The civil settlement does not affect a state regulatory action against Sun Air.

The state Health Facilities Division, which oversees nursing homes, investigated Gamalinda’s allegations and in September fined the facility $10,000. An agency report, identifying Gamalinda as Resident A, concluded: “The facility failed to treat Resident A as an individual with dignity and respect and subjected her to verbal and physical abuse.”

The nursing home has appealed the fine.

State officials have investigated Sun Air 18 times since March, 1990, over allegations of abuse, neglect, poor care and administrative problems, according to state records. In addition to the Gamalinda case, five complaints alleging poor patient care or administrative problems were substantiated, according to state records.

Gamalinda was admitted to Sun Air on July 9 by her daughters, Aurora Francisco and Beth Esguerra. At the time, she was prescribed Lasix, which reduces water retention.

Gamalinda’s daughters, in their depositions, said they spotted purple bruises on their mother’s head the next night and immediately took her to Holy Cross Medical Center in Mission Hills. At the hospital, doctors discovered she also had suffered two broken ribs.

In a document filed with the state in September, the nursing home said the employee accused of hitting Gamalinda was on disability leave and would be dismissed when she returned.

In the document, Sun Air did not admit to any wrongdoing.