Ridinger
Ridinger v. Atria Senior Living CA2/1
Opinion
Opinion
BACKGROUND
A. Factual Background In 2015, Vezina, age 83, moved to Atria Covina, a residential care facility for the elderly (RCFE) operated by Johnson and Kumar. Her admission records noted numerous medical conditions, including depression. Upon her admission, Vezina signed a residency agreement stating she may remain at Atria Covina only so long as her care needs were consistent with the level of services the facility offered. The agreement provided that if Atria Covina staff determined that
2 Vezina’s needs exceeded what the facility agreed to provide, Vezina and her responsible representative would arrange for her to move out. Atria had a written policy which provided that no resident could remain at the facility who suffered from an “unstageable” wound, a pressure sore that is closed with dead tissue, preventing determination of the stage of the wound. Vezina was assessed for depression multiple times during her stay at Atria Covina, and in 2016 and 2018 was admitted to the hospital several times for depression and suicidal ideation. In November 2018, Vezina was diagnosed with terminal breast cancer and given six months or less to live. Vitas Healthcare (Vitas), a third…