Outcome


Commonwealth Senior Living was ordered by an arbitrator to pay $900,000 in damages for its neglect of Diane Franklin.

The lawsuit, which was subject to the arbitration requirement of the residency agreement, charged Commonwealth Senior Living with negligence and requested punitive damages. Although punitive damages were denied, the arbiter wrote in his ruling:

“I am very bothered by the points raised by Plaintiff as to the deficiencies in the Phone Check-in System's design, implementation, training and operation.”

Concerning the negligence charge, the arbiter wrote:

 “I find that each of the alleged items of damage was proven by a preponderance of evidence to have been caused by the aforementioned delay in Franklin receiving care and treatment.”

The arbiter went on to say:

“In summary, I found this to be a horrific experience for Diane Franklin and one which caused her immeasurable injuries, physical pain, mental anguish, humiliation, embarrassment and inconvenience.”

The specific injuries and damages sustained were:

  • Severe dehydration
  • Severe hunger
  • Severe pain
  • Extended pain
  • Incontinence
  • Bed sore
  • Loss of strength
  • Loss of mobility
  • Deterioration of skin integrity
  • Indignity of lying in own feces and urine for four days
  • Extreme stress
  • Emotional duress
  • Muscle spasms from lack of medications

View the Full Ruling PDF