SANTA ANA, Calif., March 26, 2015 /PRNewswire/ -- On March 20, 2015, an Orange County jury returned a verdict for $1.25 million against a Costa Mesa nursing home, Victoria Healthcare & Rehabilitation Center ("Victoria Healthcare"), and its corporate owner, The Flagstone Group, Inc. for the death of 78-year-old Harvey Cohoon. Victoria Healthcare is part of the Ensign Group, Inc., a family of skilled nursing facilities. Ensign Group, Inc. (ENSG) is one of the few publicly traded operators of skilled nursing facilities, operating more than 120 facilities providing skilled nursing and rehabilitative care.
Mr. Cohoon was diagnosed with colon cancer, and was admitted into Victoria Healthcare for rehabilitation while undergoing chemotherapy and radiation. Twenty days into his admission, he developed difficulty swallowing. On December 28, 2012, Victoria Healthcare's Speech Therapist evaluated Mr. Cohoon to have severe swallowing abilities and changed his diet from regular texture to mechanically altered, making his food easier to chew and swallow. The nursing staff was also to monitor Mr. Cohoon during his meals to make sure he could safely tolerate his new diet.
That night, the nursing staff served Mr. Cohoon a chicken dinner that was not chopped as ordered and he choked as a result. Mr. Cohoon died within 24 hours from hypoxia (lack of oxygen to the brain) despite heroic efforts from emergency responders and the medical staff at Hoag Memorial Hospital.
After a three-week trial, the jury in Cohoon v. Costa Victoria Healthcare, LLC, et al., Case No. 30-2013-00679676, found Victoria Healthcare and The Flagstone Group, Inc. liable for Elder Abuse Neglect, Negligence, and Wrongful Death.
Mr. Cohoon and his family were represented by Michael F. Moran and Alexander Feldman from Moran Law, a law firm that specializes in Elder Abuse and nursing home litigation.
Based on the case facts, the family was dismayed when the California Department of Public Health, Orange County District, conducted an investigation and concluded that Victoria Healthcare had not violated any regulations in the care of Mr. Cohoon and were not responsible for his death. "With the jury's finding, the Cohoon family was able to get the closure they needed to finally put Mr. Cohoon to rest," said Moran.
SOURCE Moran Law