Miami Nursing Home Abuse Case Against Philip Esformes and Golden Glades Rehab

The Miami nursing home abuse lawyers at Senior Justice are pursuing justice for Adrian Galette. Mr. Galette, a nursing home resident, suffered from cognitive disabilities and was wheelchair-bound. He could not walk at all. After days of left leg swelling and pain, nurses at Golden Glades Nursing and Rehabilitation finally sent Mr. Galette to Aventura Hospital.

Serious Leg Fractures Led to More Questions than Answers

Upon presentation to the Aventura emergency room, physicians ordered a doppler ultrasound to rule out deep vein thrombosis. That test came back completely normal. Puzzled, doctors ordered a series of tests, including an x-ray. To their dismay, Mr. Galette suffered comminuted trauma-induced leg fractures. Mr. Galette’s leg was broken with such force that fragments of the bone were visible throughout the entire x-ray field. Clearly, Mr. Galette suffered an undocumented nursing home fracture. This is deeply concerning in a patient that cannot walk, talk or do anything for himself.

Phillip Esformes: Notorious Owner of Golden Glades Rehab

Philip Esformes, the notorious controller of a nursing home empire stretching from Florida to Illinois, is currently facing the largest Medicare fraud charges in history. Read more in our previous post about Philip Esformes’ alleged nursing home fraud.

Notice of Intent to Sue Golden Glades Nursing and Rehab Sent

So far, Golden Glades Rehab has ignored our records requests. However, our Florida nursing home abuse attorneys gathered Mr. Galette’s other medical records, allowing us to form a good faith basis for nursing home negligence. Below is our Notice of Intent to file a lawsuit against Golden Glades Nursing Home and Philip Esformes.

Notice of Intent to Initiate Litigation Against Golden Glades Nursing Home

Via Certified Mail – Return Receipt Requested

Golden Glades Nursing and Rehabilitation Center

220 Sierra Drive

Miami, FL 33179

Via Certified Mail – Return Receipt Requested

Kabirhu Associates LLC

            Attn: Phillip Esformes

220 SIERRA DRIVE
MIAMI, FL 33179

RE:      Adrian Galette v. Golden Glades Nursing and Rehab, Esformes, et. al

Ch. 400 Notice of Intent to Initiate Litigation

Dear Sir/Madam:

I represent Adrian Galette and his daughter, Joanne Galette. This is a Notice of Intent to Initiate Litigation filed pursuant to Fla. Stat. Sec. 400 et. Seq. to inform you that the Galette’s intend to initiate litigation against you, your professional association, corporate entity and/or partnership within seventy-five (75) days. Furthermore, pursuant to Florida law, this Notice also serves as Notice to all entities that share a legal relationship with your facility, including but not limited to any subsidiary corporations, management corporations, managing employees, caregivers and/or any others with a legal relationship such as employees, agents and/or apparent agents.

This matter pertains to injuries which occurred due to the nursing home resident rights violations of Adrian Galette during this resident’s residency at Golden Glades Nursing and Rehab resulting in unexplained traumatically induced fractures.

1. Summary of Occurrence

Adrian Galette was admitted to Golden Glades for assistance with all activities of daily living. Mr. Galette is a vulnerable adult, unable to advocate for himself, and was dependent on Golden Glades nurses to care for him. Due to his underlying conditions, if Mr. Galette suffered a fall, it would be physically impossible for him to lift himself back up and put himself in a wheelchair.

On or around January 28, 2017, Adrian Galette was taken from Golden Glades to Aventura Hospital with complaints of left lower leg swelling and pain. X-rays revealed that Mr. Galette suffered comminuted fractures with medial displacement and angulation, with distal fracture fragments involving both proximal tibia and fibula.[1] Following the event, Mr. Galette told his daughter Adrian that the staff at Golden Glades hurt him.

Mr. Galette’s suspicious injuries were called into DCF by three different reporters. Additionally, a Geriatric Care Manager investigated the trauma-induced fractures.[2] These reports have been requested.

Clearly, Mr. Galette was dropped or suffered an undocumented fall while at Golden Glades. Additionally, Mr. Galette developed skin breakdown in the form of bedsores while at the facility. Golden Glades intentionally ignored the undersigned’s valid records request and failed to provide the nursing home chart for Mr. Galette.

1. Allegations of Wrongdoing

Golden Glades Nursing and Rehabilitation provided negligent nursing home care, and thus violated the Chapter 400 resident rights of Adrian Galette as follows:

1. Committing systemic billing fraud and failing to provide services paid for by Medicare, Medicaid and private insurers;[3]
2. Dropping the resident;
3. Allowing the resident to suffer blunt force trauma that went unreported;
4. Failure to properly evaluate fall risk;
5. Failure to institute appropriate fall precautions and provide assistive devices;
6. Failure to appropriately and timely respond to fall precautions;
7. Failure to appropriately use resident alarms;
8. Failure to prevent the falls of the resident;
9. Failure to document the resident’s injuries and falls;
10. Failure to report the resident’s fall injuries;
11. Failure to inform the resident’s family of the resident’s deteriorated condition;
12. Failure to monitor the resident;
13. Failure to appropriate staff and train employees and agents;
14. Failure to prevent skin breakdown and infection;
15. Failure to prevent provide appropriate nutrition and hydration;
16. Failure to provide medication when required; and,
17. Failure to provide appropriate nursing home care under all the circumstances.

As a result of the above violation of his Chapter 400 rights, Mr. Galette sustained serious life-changing injuries.

• Pre-Suit Discovery

Please provide my office with a complete copy of any and all records, correspondence, memoranda, etc., of any kind relating to the above-named resident.  Your compliance with this request is statutorily mandated.  Pursuant to Section §400.0233(7) I request the following documents within 20 days of receipt the notice:

1. A copy of all insurance policies and declaration pages that may cover this loss;
2. Provide the name, employment status, and last known address and phone number of all persons that attended to this resident during the residency at your facility;
3. Copy of the complete Nursing Home chart of this resident, including incident reports and photos;
4. Laser color copies of all photographs taken of Adrian Galette, including any documentation regarding any injuries, falls, fall prevention measures, or pressure sore wounds;
5. Laser color copies of all photographs taken of the area of the resident’s fall(s), including photos of the fall preventative measures in place at the time, and photos of the assistive devices used by the resident;
6. A copy of any and all surveillance video, CCTV footage, or video captured of Adrian Galette[4] for:
   1. The four hours before any of the resident’s falls;
   2. The actual video of the resident’s falls; and,
   3. The four hours after any of the resident’s falls.
7. All documents provided to Medicaid, Medicare or any other party regarding this resident;
8. All documents provided to any state or insurer investigative agency regarding this resident;
9. All written documentation and training protocols for the prevention of falls provided to any employees that cared for this resident at your facility;
10. All written documentation and training protocols for the reporting of injuries provided to any employees that cared for this resident at your facility;
11. All agreements that you have with any other companies or individuals regarding the management of the facility, including Management Agreements, or any company which assists in any manner in the administration and/or operation of the nursing home;
12. Please indicate which legal entity employed the CNAs that provided care and supervision of the resident during the above referenced residency;
13. Please indicate which legal entity employed the RN’s that provided care and supervision of the resident during the above referenced residency;
14. Please indicate which legal entity employed the visiting physician that provided care and/or examined the resident during the above referenced residency; and,
15. If you claim to be a nonprofit nursing home, please produce your Form 990 tax returnScheduling Request: Pre-suit Mediation

Florida Statute §400.0233(11) requires a pre-suit mediation in this matter within 30 days of the defendant facility’s response to the claim. We are hereby attempting to comply with this provision. Accordingly, please contact Lori at my office (Lori@SeniorJustice.com) to schedule this pre-suit mediation. If we do not hear from you regarding the pre-suit mediation, we will assume that your client has waived their right to mediation and we will proceed to filing the lawsuit.

Please contact my office should you have any questions.

The undersigned counsel hereby certifies that a good faith investigation was made in this matter that substantiates a valid claim of right’s violation and negligence at the subject Nursing Home, pursuant to Fla. Stat. Sec. 400, et. seq.

Very truly yours,

/s/ Michael J. Brevda

MICHAEL J. BREVDA

MJB/las

Enclosed:                    Records in Our Possession

[1] A comminuted fracture is a break or splinter of the bone into more than two fragments. Since considerable force and energy is required to fragment bone, fractures of this degree occur after high-impact trauma such as in vehicular accidents. https://www.spine-health.com/glossary/comminuted-fracture

[2] The GCM reports being hung up on by nurses and also was unable to get facility records. When asked about Mr. Galette’s fractures, the GCM reports that staff had no explanations.

[3] http://www.miamiherald.com/news/local/community/miami-dade/article98188142.html

[4] You are hereby put on notice to preserve any and all video recordings of this resident. This includes video recordings of the inside and outside of your facility.

Questions About a Lawsuit Against Golden Glades Rehab or Another Esformes Facility?

Our lawyers are here to help. Call us today for your free case consultation at 561-717-0817.