Chain | Cohn | Stiles files elder neglect, wrongful death, fraud claim against Bakersfield senior rehab facilities

July 18, 2018 | 6:00 am


Chain | Cohn | Stiles has filed an elder abuse and neglect lawsuit against a Bakersfield senior rehabilitation center that resulted in the death of an 80-year-old man, longtime teacher, U.S. Army veteran, and husband of 57 years.

The elder abuse, elder neglect, wrongful death, and fraud complaint was filed by Chain | Cohn | Stiles on behalf of the widow of John Paul Owens, Carol Owens, against Brookdale Senior Living, Silvercrest Manor, and Wade Budney of “A Helping Hand Senior Care Services.”

The filing of the complaint was covered by KGET-17 News, which you can view by clicking here.

Paul Owens was born in 1937 in Oklahoma. His family moved to McFarland when he was 4 years old, and he graduated from McFarland High School. After school, he served in the U.S. Army, attaining the rank of sergeant, and worked as a paratrooper.

In 1960, Paul married Carol. He earned his teaching credential in 1962 and would teach for 38 years. He loved cross country running, and working with his hands.

Well into retirement, Paul began to suffer symptoms of Alzheimer’s disease. He took a fall at home in 2017 that required him to have surgery on his leg and hip. After, Paul was placed in Brookdale Senior Living for daily care.

“So he could walk again, take care of himself again, so he could go back home and live with his wife of 57 years, that was the goal,” Chain | Cohn | Stiles attorney Matt Clark told KGET News.

That didn’t happen. Paul developed large bed sores, pressure ulcers and received inadequate care. As an example, he was bathed just four times over a span of 35 days.

“Mr. Owens was continually denied the benefit of those interventions necessary to prevent the formation and progression of pressure ulcers,” according to the complaint.

Soon, Carol Owens was told Paul could no longer be housed at Brookdale, and needed to find another facility due to insurance issues. Brookdale contacted “A Helping Hand Senior Care Services,” ran by Wade Budney, to be discharged to Silvercrest.

“Budney puts [Owens] in his personal vehicle, this is a guy with two stage three pressure ulcers, a urinary catheter, a broken leg, hasn’t had rehab yet,” Clark told KGET.

Carol Owens added: “I was told if he wasn’t transferred that Wade would call and report me for elder abuse.”

The inadequate care continued at Silvercrest. Ultimately, the event prompted an investigation by the California Department of Public Health. The department found that Brookdale failed to prevent Paul Owens from developing ulcers, prematurely discharged him, and failed to safely discharge him to another facility.

Additionally, Budney falsely and misleadingly stated that Paul Owens would receive appropriate and adequate care at Silvercrest. He also concealed the fact that he would receive monetary compensation from Silvercrest.

Shortly after being admitted to Silvercrest, Paul Owens was taken to Bakersfield Memorial Hospital. He died shortly after in January 2018.

“The main reason I’m doing this is I don’t want other people to have to go through this with loved ones, that’s the whole goal,” Carol Owens told KGET News.

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Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who cannot, our oldest, frailest and most vulnerable citizens. If you or someone you know experiences elder abuse or neglect, please contact our attorneys by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

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MEDIA COVERAGE

Anxious about the start of the school year? Follow these tips for a stress-free back-to-school

August 12, 2015 | 9:11 am


School starts on Aug. 19 this year for many Bakersfield and Kern County students, and along with it comes the usual back-to-school shopping — and the danger of fraud.

Parents will use credit cards and other means of payment that contain their personal information, which may expose them to fraud. But it’s not just the parents who are at risk. Each year, nearly 500,000 children under the age of 18 fall victim to identity theft, according to credit.com.

Chain | Cohn | Stiles, with the help of KERO Channel 23 and credit.com, has provided safety tips below to help protect you and your children from becoming victims of fraud.

And if the thought of being taken advantage of financially leaves you anxious, in addition to the usual back-to-school jitters for students and parents, be sure to read the tips below on how to prevent and cope with anxiety.

Protect Against Fraud

The start of school and back-to-school shopping go hand-in-hand. In fact, Chain | Cohn | Stiles recently sponsored underprivileged children in the annual “Childspree” back-to-school shopping program.

Follow these tips below to make sure your shopping experience is a joyous one.

  • Do not give out a social security number and/or birth date without knowledge on how it is going to be used or disposed of.
  • Know who is going to see the information once it’s collected. Many organizations perform meticulous background checks on staff and volunteers. Others don’t. If in doubt, write, “information to come.”
  • Some doctor’s offices still ask for patient’s’ Social Security numbers. Unless it’s needed to bill insurance, skip it.
  • Students ages 18 to 24 face the highest risk of identity theft. They often live in dorms or share apartments where others can access their belongings. Before they head back to campus, equip your college students with the right tools and habits.
  • Shred pre-approved credit offers. Dumpster-diving is an epidemic on campuses because thieves know most students throw these offers away unopened.
  • Lock up important papers like student loan and enrollment documents so they won’t be left lying around where anyone could see them.
  • Use strong alphanumeric passwords with combinations of special characters and capitalization and update security software.
  • If your phone is lost, contact your provider immediately.

Back-to-School Anxiety

Starting a new school year can be exciting. It can also make students anxious.

Being a little anxious is normal at the start of a new school year; however, for some students, it can slowly grow over the course of a school year and can discourage students from attending and performing well in school.

Some students may shut down and withdraw socially, or keep asking for assurance. KERO Channel 23 has provided the following steps that parents can take to help their children become less anxious about going to school and starting a new school year.

  • Attend open house or orientation activities that allow children to see their classroom and meet their teachers. That removes some of the unknowns.
  • Establish a routine and stick to it. A predictable routine at home can be calming.
  • Discuss the positive aspects of going back to school, like seeing friends again and extracurricular activities.
  • Talk about your own experiences with anxiety and how you cope. Praise children when they face their fears and acknowledge those positive aspects.

— By Jessica Magee for Chain | Cohn | Stiles

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Safety is of most importance to the Bakersfield personal injury and workers’ compensation attorneys at Chain | Cohn | Stiles. If you or someone you know has been injured due to the fault of another, contact the law firm at 661-323-4000, or visit the website chainlaw.com.

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OTHER MEDIA