Local Nursing Home Faces Wrongful Death Lawsuit After the Death of a Santa Clara Matriarch

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A local Santa Clara nursing home faces a wrongful death lawsuit after one of their residents died following an incident the deceased's surviving family claims violated health and safety codes.

The Case: Adam Plares, Sr. v. Covenant Care California, LLC, DBA Mission Skilled Nursing & Sub-Acute Center, Covenant Care Mission, Inc., Suncrest Hospice San Jose LLC, DBA Suncrest Hospice, and Does 1 through 60 inclusive

The Court: California County of Santa Clara Superior Court

The Case No.: 24CV440133

The Plaintiffs: Plares, Sr. v. Covenant Care California

The wrongful death lawsuit followed the death of Vera Plares, a 98-year-old resident of Santa Clara's Mission Skilled Nursing & Subacute Center. In December of 2023, Vera Plares' 78-year-old roommate, Connie Delucca, bludgeoned her with a cane repeatedly while she was lying on her bed. The plaintiffs in the case, the Plares family, filed a complaint seeking wrongful death and survival damages, claiming wrongful death, elder abuse, Violation of the Health & Safety Code, and Survival Action. The plaintiff demands a jury trial. Vera Plares' family claims the nursing home is liable and is suing the facility, claiming the Mission Skilled employees willingly and knowingly put Vera Plares in danger when they assigned Delucca, a fellow resident with a documented history of violence and aggression towards fellow patients, as her roommate.

The Defendants: Plares, Sr. v. Covenant Care California

When the Plares family decided the matriarch of their family would benefit from assisted living, the family hand-picked Mission. When they did so, they never suspected that their "Grandma Vera" would be brutally attacked and murdered by her assisted living roommate, Delucca. According to the plaintiffs in the case, Mission and Suncrest were aware of Delucca's documented history of violence and aggression towards fellow residents (including multiple 5150 holds) when they made the room assignment. Additionally, Delucca was decades younger than the elderly Plares matriarch, making her significantly more agile and mobile. Before long, Delucca's violence turned toward her roommate. The attack was allegedly brutal, went unnoticed for hours, and was left untreated for 20 hours. Plares died within 48 hours of the incident.

More About the Wrongful Death Case: Plares, Sr. v. Covenant Care California

According to the complaint, the Plares family seeks an undisclosed amount in damages for wrongful death, violation of patient rights, and elder abuse. The plaintiffs also allege that Mission Skilled and its employees violated California health and safety laws by failing to provide urgent medical care. According to court documents, employees discovered Plares three hours after the attack and noticed severe bruising on her arms, neck, face, and hands. They also noticed her tooth was chipped, and blood was dripping from her mouth. Plares' blood was found on Delucca's cane.

A Timeline: Plares Didn't Receive Treatment Until 20 Hours After the Brutal Attack

Plares was in the hospice wing of the facility to receive treatment for a persistent bedsore; she was not receiving end-of-life care.

  • 6 pm: when a nurse gave Plares her medication, she was fine.

  • 8:30 pm: an employee reportedly checked the room but didn't check on Plares because her curtain was closed.

  • 9:00 pm: an employee reportedly checked the room but didn't check on Plares because her curtain was closed.

  • 9:30 pm: a different nurse checked the room, noted Plares' curtain was closed, and discovered she had been brutally attacked and suffered serious injuries.

  • 11 pm: the nursing home contacted Plares' daughter-in-law, Evelyn Plares, requesting permission to take her to the hospital.

  • 1 am: Someone from Suncrest (another related entity) called Evelyn to tell her they decided not to send Vera to the hospital based on "hospice protocol."

  • The next morning: Evelyn met Vera's niece, Melanie Plares, at the nursing home. Melanie questioned the staff but claimed she only got non-answers. A hospice nurse at the facility stated that the decision was based on hospice protocol by a hospice nurse and Dr. Wang, the hospice doctor. (Dr. Wang did not physically go into the facility to examine Vera after the beating; any decision he was involved in was made based on relayed information). Melanie informed the staff that Vera was not on end-of-life care and insisted she be taken off hospice and sent to Valley Medical Center for appropriate care. She asked a social worker about the police report and requested the case number. He responded that he wasn't sure he was allowed to give it to her when, in fact, there was no police report.

  • Around 3 pm: Vera Plares's family made a police report and called an ambulance.

  • 4 pm: Paramedics took Plares to the hospital (20 hours after she was attacked).

  • Vera Plares died the next day. The Plares family claims that the Defendants owed Vera Plares a duty of care and breached their duty when they failed to take appropriate action following the attack.

If you have questions about filing a California wrongful death lawsuit, don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Discuss your situation today with one of the experienced wrongful death attorneys in our various law firm offices in Chicago, San Diego, San Francisco, Sacramento, Los Angeles, and Riverside.