Sherril Phillips walked into AvantGarde Senior Living and Memory Care in Tarzana, California on June 9, 2018 happy and healthy. She was 88. She left AvantGarde 48 days later in an ambulance with a lacerated forehead, traumatic brain injury, and a broken neck. In a matter of 48 days while under the direct care and supervision of AvantGarde, Sherril was brought to urgent care once, hospitalized once, contracted E. coli twice, and was diagnosed with a urinary tract infection twice. In those same 48 days, Sherril also sustained multiple unexplained bruises, swelling and ankle edema, a hematoma and laceration to her forehead, traumatic brain injury, and multiple burst fractures to her cervical spine. Sherril was deprived of even the most basic hygienic services assistance with grooming, bathing, toileting, drinking, and escorting during her 48 days at AvantGarde. She was found routinely unbathed, ungroomed, and in one specific instance, without pants in soiled diapers that were doubled up to reduce the number of changings. The neglect was so rampant that the Head of the Care Department sent a text message to her staff, acknowledging that “[t]his is down right neglect[.]”
Despite this, the Administrator and the Care Department Head did little, if anything at all, to investigate, report, and correct their staff’s daily neglect of Sherril in conscious disregard of her rights and safety. To make matters worse, the Administrator hired an unqualified and untrained activities assistant who she personally authorized to escort Sherril Phillips and other residents despite knowing of her unfitness to provide direct care. The Administrator’s conscious decision culminated with the untrained and unqualified activities assistant negligently and recklessly diverting her attention from Sherril while escorting her around the property, which caused her to fall face first over her walker and sustain severe injuries that sent her mild pre-existing dementia spiraling out of control. Brian’s verdict was published and featured by ABC7 News, the Daily Journal, ALM Verdict Search, Yahoo! Finance, JuryVerdictAlert.com, and MarketWatch.