Attorneys for the Fillmore Convalescent Center announced today they will take immediate steps to set aside a Ventura County jury verdict handed down last Friday awarding $7.75 million to the family of a 71-year-old resident who filed an elder abuse lawsuit.

Between 2006 and 2007, Mrs. Arellano’s son hid a video camera in Mrs. Arellano’s room for a period of several months. During this time, unknown to Fillmore Convalescent Center, the video camera recorded unlawful and unacceptable acts of the recorded physical abuse behavior by a now former employee against Mrs. Arellano. Although Mrs. Arellano’s family was aware of the abuse, it was not brought to Fillmore Convalescent Center’s attention until March 2007 nor was there any indication of issues with Mrs. Arellano’s care until this time. Upon learning of these events, Fillmore Convalescent Center immediately terminated the employee and notified the California Department of Health as well as the long-term care ombudsman. Since this time, the ex-employee responsible for these unlawful and unacceptable acts was criminally charged and pleaded “no contest” to the criminal charges. Last Friday, after a 22 day trial, a Ventura County jury awarded $2.5 million in actual damages and $5 million in punitive damages against the facility, owner Eduardo Gonzales and the ex-employee.

“With regards to the verdict in this case, we strongly disagree with the decision and will be taking all appropriate legal steps to set aside the verdict,” said Thomas Beach, attorney representing Fillmore Convalescent Center (FCC). “We are also concerned as to why Mrs. Arellano’s family members did not inform Fillmore Convalescent Center or law enforcement of the recorded abuse when they first discovered it but rather allowed it to continue without notifying anyone,” said Beach.

Fillmore Convalescent Center was recently awarded a five-star rating which is the highest rating given to a long-term care facility. This U.S. Government rating is from the Nursing Home Compare System which is run by the Centers for Medicare and Medicaid Services.

“We are proud of our five star rating and are committed to the health, safety and well-being of the residents at Fillmore Convalescent Center”, said Eduardo Gonzales, Administrator, Fillmore Convalescent Center. For the past 32 years, Fillmore Convalescent Center has provided and continues to provide the finest in quality care for all of our residents, including Mrs. Arellano, who is still a resident.