Rios de Vitela v. Silverscreen Healthcare CA4/2

FACTS

A. COMPLAINT

Resident was born in 1936. Husband is Resident’s husband.2 Bower and

Melody (collectively, Children) are Resident’s children. Silverscreen does business as

Asistencia Villa Rehabilitation and Care Center (the Center), which is a skilled nursing

facility. Diane Machain was the Center’s administrator.

In February 2020, Resident was recovering from a stroke and was admitted to the

Center. Resident suffered from “chronic respiratory failure . . . and was deemed

‘cognitively impaired.’ She had a tracheostomy tube to aid in her breathing, which

made communication difficult for her.” In March 2020, visitors were prohibited from

entering the Center. On April 29, 2020, Resident tested positive for COVID-19.

On May 2, 2020, Resident was taken to a hospital emergency room due to sepsis.

“[Resident] was diagnosed with septic shock, chronic respiratory failure, healthcare

associated pneumonia, urinary tract infection, acute kidney injury and hyperkalemia.”

Resident died the same day.

Husband and Children allege that Silverscreen intentionally understaffed the

Center and retained employees without adequate training in order to increase profits.

Husband…