$7.75 Million lawsuit settled with Fillmore Convalescent Center
By Gazette Staff Writer — Wednesday, December 23rd, 2009
Fillmore Convalescent Center
Fillmore Convalescent Center

Fillmore Convalescent center must pay $7.75 million to the family of a 71-year old stroke victim, Maria Arellano under the conditions of an elder abuse lawsuit. The trial lasted 22 days. The verdict splits liability among three defendants: Fillmore Convalescent Center, 40 percent; owner Eduardo Gonzalez, 40 percent; and employee Monica Garcia, 20 percent.

Arellano's family became suspicious when bruises appeared on the woman, who could not speak. The family set up a hidden camera, after complaining to the facility's management, which the alleged were not investigated. The camera was key at the trial. It showed Garcia slapping Arellano, pulling her hair, twisting extremities, and brutally in a shower chair.

Garcia was criminally charged and pleaded no contest to simple battery in February. She did 10-days work release.
The family of facility resident Daniel Sanchez, 83, suspect that Sanchez may also be a victim of abuse. They have also filed a lawsuit that is slated for trial in January 2010. Sanchez has since died. He was also a stroke victim and non-verbal.

Attorney Gregory Johnson, who represented the Arellano family, said he offered to settle the case with the Center in July for $500,000, according to the Ventura County Star. The Center made no offer of monetary settlement or mediation, said Johnson. Arellano is still a patient at the facility.

With all the cruelty and

Submitted by Cre8PalmRoyal on Thu, 12/24/2009 - 2:29pm.

With all the cruelty and sadness in today's world as it already exists, it is unfortunate the Arellano family entrusted their dear mother to this facility, only to have her abused by a staffer; and nothing was done administratively, lawfully - under convalescent home management and health care jurisdiction rules and operational regulations, and most of all, the physical and emotional stresses instilled upon Mrs. Arellano herself. Thanks to the Arellano family for their concern and method of proof they used.

If no former settlement (of a simple and easy $500,000.00) existed from the ownership and legal staff representing Fillmore Convalescent, seems their burden in this case is being ignored. If I could express opinion into this, I would have all patients transferred to another facility immediately, and of course, the elder Mrs Arellano, removed as soon as feasible, also. The facility should be closed until reorganized operations are instituted and a court holding jurisdiction over this facility discerns it re-open again under new controls.

I would like to comment that

Submitted by happytraveler18 on Thu, 12/24/2009 - 8:06pm.

I would like to comment that my family member is in Fillmore Convalescent Center for years, and Mr. Gonzalez and all his staff are the most caring, wonderful, people that would never allow this to happen knowingly. I have a feeling there are more details that are not being put and I would love to have the Gazette put Mr. Gonzalez's side of this story. The facility received a 5 star rating very recently, and the fact that Mrs. Arrellano is still there shows the facility gives the best care. Our family is behind you and your staff, Mr. Gonzalez. God bless you all.