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ABC 7 Features Lawsuit Brought by Ed Dudensing, Alleging Wrongful Death of 64-Year-Old Resident at Windsor Healthcare Center of Oakland

July 29, 2024
Originally published by

Kyomi Williams, represented by Ed Dudensing, spoke with ABC 7 San Francisco about the death of her father Alando Williams at Windsor Healthcare Center of Oakland. Alando, a beloved Berkeley community member, was admitted to the facility in December 2022 with a clear treatment plan. In a lawsuit against the facility, Kyomi alleges staff neglected his care requirements and instead administered unauthorized doses of sedatives, such as Ativan, resulting in wrongful death.

“That’s basically chemically restraining someone, because it’s easier when they’re drugged up to supervise them. It’s a very uncompassionate way to deal with people, and it can be deadly, as it was in this case.”
– Ed Dudensing

The facility is currently managed by a parent company owned by billionaire Shlomo Rechnitz, which oversees dozens of nursing home facilities in California. Many of these facilities have recently come under scrutiny for deficient quality of care.

Read full article on ABC7News

Ed Dudensing speaks with The Sacramento Bee about newly filed lawsuit against Oakland nursing home, alleging drugging by staff led to death of 64-year-old resident

July 12, 2024
Originally published by

Alando Williams died at Windsor Healthcare Center of Oakland after allegedly being overmedicated to prevent wandering. Dudensing Law represents Mr. Williams’ daughter Kyomi in a lawsuit against the facility. Despite arriving with a treatment plan, the nursing home reportedly failed to follow necessary safety measures, opting instead to administer unauthorized doses of sedatives and opioids. Ed Dudensing spoke with The Sacramento Bee regarding the facility’s neglect and mistreatment of Williams’ father, who was known in the Berkeley community for his gentle demeanor.

Read full article on The Sacramento Bee

Elderly patient died after being drugged to prevent wandering at Oakland nursing home, Dudensing Law representing the family in fight for justice

July 11, 2024
Originally published by

Alando Williams, a long-time Berkeley staple, was admitted to Brookdale Wellness in Oakland in December 2022 and passed away less than a month later at age 64. His daughter Kyomi, represented by Ed Dudensing, alleges that, although the nursing home was aware of his medical conditions, staff administered sedatives, and left him to suffer falls, ultimately leading to his death. Ed spoke with the East Bay Times about the facility involved in this case, which has faced scrutiny for its practices and regulatory issues, including concerns over staffing and medication errors.

Read full article on East Bay Times

CBS News Highlights Dudensing Law Client who Experienced Elder Abuse and Neglect at an Oakland Nursing Home

June 13, 2024
Originally published by

On June 3, CBS News covered the story of Ruby Frazier, a Dudensing Law client who was a victim of elder abuse and neglect at Oakland Heights Nursing and Rehabilitation in Oakland, CA.

Before Ms. Frazier’s admission to Oakland Heights, she was a relatively healthy 87-year-old and entered the facility in a medically stable condition and with no skin injuries.

Read more »

Dudensing Law secures $5.5 million settlement against a California residential care facility after walkaway tragedy

June 10, 2024
Originally published by

In May 2024, Dudensing Law reached a $5.5 million settlement against an assisted living facility located in California. The settlement was on behalf of a cognitively impaired individual who, because of improper supervision and negligence, left the facility unsupervised, and died as a result.

When the 87-year-old patient was admitted to the residential care facility, she was highly functional but suffered notable cognitive impairment, including “sundowning,” a state of confusion experienced in the late afternoon and lasting into the evening. Even with noted cognitive impairment, her charts maintained by the facility did not contain a documented elopement risk nor a care plan for her cognitive decline.

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Dudensing Law helps loved ones reach $4 million settlement against a Long-Term Acute Care Hospital (LTAHC) in California after a family member died from pressure sores

June 10, 2024
Originally published by

Dudensing Law secured a $4 million settlement in April 2024 on behalf of a victim who died from complications related to pressure sores while under the care of a Long-Term Acute Care Hospital (LTAHC) in California.

In 2017, a 72-year-old patient was admitted to the facility at issue following a diagnosis of quadriplegia. Because of this condition, she was known to be at high risk for developing pressure sores, yet the staff failed to take proper precautions to prevent sores from developing. The staff neglected medical advice to turn and reposition the patient over 75% of the time during day and night shifts. By the time the resident was discharged from the facility and treated at a hospital, the infected sores were too advanced for her to recover from, leading to her death.

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Patient who had to have amputation receives $4.5 million settlement against a California skilled nursing facility – was represented by Dudensing Law

June 10, 2024
Originally published by

In April 2024, Dudensing Law secured $4.5 million on behalf of an elderly victim of reckless neglect by a California assisted living facility. In this case, the victim suffered an infection that led to amputation. This gruesome fate would have been wholly avoidable had the facility properly cared for Mr. Dudensing’s client.

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Dudensing Law helps family secure $5 million settlement against a California assisted living facility after multiple falls led to death of loved one

June 10, 2024
Originally published by

Dudensing Law reached a $5 million settlement in February 2024 against an assisted living facility in California. The case is on behalf of a patient who suffered multiple falls in the facility, ultimately leading to his death.

The patient, a former high school teacher and assistant principal, was admitted to the assisted living facility in September 2021, following a Parkinson’s diagnosis and signs of dementia that put him at high risk for falls. He was admitted to the facility without the necessary physician assessment to understand his needs and establish a care plan. Within his first month as a resident, he suffered an unsupervised fall in which he broke his wrist. The facility failed to create an incident report for this fall.

Read more »

ABC 7 Bay Area: Dudensing Law represents a 79-year-old woman suing East Oakland nursing home after repeated sexual assault

May 13, 2024
Originally published by

Elder abuse attorney Ed Dudensing represents Cheryl Doe, a 79-year-old woman, and her son Robert, in a February 2024 lawsuit against the Windsor Healthcare Center of Oakland regarding the alleged rape, elder neglect, and fraud she was victim to while under its care for Alzheimer’s and dementia.

A preliminary investigation by Dudensing law found that after Robert’s mother was raped by another resident, he was not informed until days after the incident. Rather than the managerial staff at the center, a certified nursing assistant was the one who told Robert about both the assault and the center’s intentional concealing of the attack. Emboldened by the center’s inaction after the first attack, the offender again accessed Cheryl’s room where he retaliated, leaving bruises and wounds on her body.

Windsor Healthcare Center of Oakland sits under Brius Management Company, a large nursing home operator similar to others Dudensing Law has brought cases against, citing abuse of the vulnerable elderly population entrusted in their care. Widespread understaffing of nursing facilities subjects residents to dangerous conditions, and by seeking justice for victims and holding these companies accountable, Dudensing Law strives to ensure that senior citizens receive the care they deserve.

“This really strikes at the heart of the fundamental obligation of nursing homes — keep your patients safe,” said Ed Dudensing. “They have a history of failures of care that not only involves resident-on-resident abuse, like this case, but other areas of neglect as well.”

Read full article on ABC7News

Ed Dudensing speaks with LA Times about the Biden Administration’s new nursing home staffing requirements

May 13, 2024
Originally published by

In the wake of new nursing home staffing requirements announced by the Biden Administration in April, many healthcare organizations are voicing concerns about a lack of necessary funding. Mark Parkinson, president and CEO of AHCA/NCAL which represents 14,000 nursing homes, went as far as to claim that the mandate will ultimately lead to widespread nursing center shutdowns and resident displacement.

Speaking with the Los Angeles Times, Dudensing explained that the cries of poverty from the nursing home industry are easily debunked by the fact that “private equity money, venture capital” and other investments “are still flowing into these facilities at record rates… and balance sheets are very easy to manipulate.”

Earlier this year, KFF Health News reported that “for-profit groups own about 72% of the roughly 15,000 nursing homes in the United States, which serve more than 1.3 million residents.”

While representing Sam Rios, a former Sacramento State professor who died due to complications from pressure sores after residing in a nursing home, Dudensing went beyond suing just the nursing home, also naming its partner companies as defendants. He proved that this highly profitable conglomerate, including a private equity firm, paid high salaries to its top executives while the nursing homes it owned suffered from understaffing and low quality of care for its residents. In March 2024, the suit ended with a jury verdict of $5.9 million in compensatory damages and $25 million in punitive damages.

With these new mandates in place, Dudensing has emphasized that it is crucial that the state of California identifies understaffed, high-risk facilities and ensures that the requirements are met. With some of the most vulnerable groups of society at risk of abuse, fraud, and injury, large for-profit groups must be held accountable in maintaining adequate staff numbers and pay in their facilities.

Read full article on LA Times

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ICYMI: Our Founder E

ICYMI: Our Founder Ed Dudensing, was interviewed by Hunterbrook as part of a major investigation into The Ensign Group, the largest operator of skilled nursing facilities in the United States.

Hunterbrook examined millions of Centers for Medicare & Medicaid Services (CMS) datapoints and thousands of pages of documents, finding that Ensign facilities failed to meet minimum state staffing requirements in California, Washington, Tennessee, and Kansas on more than 18,000 cumulative days between 2020 and 2025.

Read part one of the investigation: dudensinglaw.com/news/

Watch Hunterbrook's companion video: www.youtube.com/watch?v=Ev5HxTH-5X0

#DudensingLaw #ElderAbuseLaw #NursingHomeNeglect
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2 days ago
This summer we welco

This summer we welcomed Gavin Bowen as one of our four summer clerks.

Gavin is a rising 3L at UC Berkeley School of Law, where he competes on the Alternative Dispute Resolution team and served as an article's editor for the Berkeley Journal of Criminal Law. He also led the Animal Law and Advocacy Project at Berkeley.

Gavin graduated with a degree in psychology and arrived at plaintiff-side litigation as the place where advocacy and integrity align.

Welcome to the team, Gavin!

#DudensingLaw #MeetTheTeam #ElderAbuseLaw
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1 week ago
Dudensing Law is now

Dudensing Law is now on Substack! Founder Ed Dudensing will be sharing legal analysis, case insights, and commentary on the issues shaping elder care in California and beyond.

If you have ever wanted to understand elder abuse cases, what the law requires of care facilities, and why corporate structures matter, this is the place.

Subscribe here: protectcaliforniaelders.substack.com/

#DudensingLaw #elderabuselaw #substack
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1 week ago
Some nursing homes a

Some nursing homes are not medicating residents to treat them -- they are using medication to sedate them.

Founder Ed Dudensing has seen this pattern throughout his career: facilities that are chronically understaffed turn to sedatives and antipsychotic medications as a substitute for adequate care.

Ed wrote about the risks of weakening federal oversight of sedative use in nursing homes in an op-ed for the Daily Journal.

Read the full article: www.dailyjournal.com/articles/390746-why-loosening-sedative-rules-in-nursing-homes-would-put-vuln...

#DudensingLaw #elderabuselaw #NursingHomeNeglect
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2 weeks ago
We are excited to hi

We are excited to highlight one of our summer clerks, Elizabeth “Buffy” Miksztal.

Buffy is a rising 3L at UC Berkeley School of Law, where she serves as co-president of the Plaintiffs' Law Association at Berkeley. Before law school, she worked as an EMT responding to calls at skilled nursing facilities, an experience that gives her firsthand insight into the vulnerabilities facing the clients we represent every day.

Buffy externed for District Court Judge Pitts during her 1L summer, where she saw how plaintiff-side civil litigation can serve as a tool for justice for vulnerable populations. Most recently, she worked on criminal defense appeals at the First District Appellate Project in Oakland.

We are glad to have her on the team this summer.

#DudensingLaw #MeetTheTeam #ElderAbuseLaw
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2 weeks ago
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