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Family awarded $110M after dementia patient died outside
Sacramento care home
A Sacramento jury awarded $110 million to the family
of a dementia patient who died of hypothermia after wandering
outside a Pocket-area assisted living facility in 2019.
Mildred Hernandez was living at Greenhaven Estates,
located at 7548 Greenhaven Drive, when she left the building
during the early morning hours of Feb. 12, 2019, according to a
lawsuit filed in Sacramento Superior Court in 2020. Around 6
a.m., Hernandez was found outside near an exit door that had
automatically locked behind her, preventing her from getting
back inside, the lawsuit said.
Mildred Hernandez, seated, with her daughters. Courtesy of
Dudensing Law
An autopsy later determined Hernandez died of
hypothermia, the lawsuit alleged. "Mildred Hernandez's known
wandering was not stated in written assessments or reappraisals
of her condition, nor was this risk of harm identified or
addressed in Mildred Hernandez' individualized care plan with
meaningful interventions to prevent her from harm," the
complaint said. The judgment was issued against Digitalbridge
Group, formerly known as Colony Capital, and Formation Capital,
which owned the facility at the time of Hernandez's death.
Neither company immediately responded to emails seeking comment.
"Corporations who reap the profits of operations of
facilities like Greenhaven Estates must be held to account when
they fail to do their jobs," said Ed Dudensing, the family's
attorney, in an email. "We are proud to have secured this
outcome for the Hernandez family and remain steadfast in
advocating for the rights and protections of vulnerable
individuals." Dudensing said Hernandez's four adult daughters
will receive the $110 million award, which was handed down by
Superior Court Judge Jeffrey Galvin.
The facility is now called Spanish Vines Assisted
Living and Memory Care, according to its website. An LLC in care
of CW Capital Asset Management acquired the property in 2024,
according to the Sacramento County Assessor's Office. Although
Sacramento has triple-digit summers, nighttime temperatures can
drop into the 40s - cold enough to cause fatal hypothermia,
especially in older adults.
Read more at:
https://www.sacbee.com/news/local/article314941377.html
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