In the criminal actions, Beverly pleaded "no contest" to felony elder abuse of two residents of the La Cumbre nursing home in Santa Barbara. Laura Simmons, a 102-year-old resident, died in August 2000 after suffering from infected bed sores caused by poor care. William Marthai, died in July 2001 after suffering complications from the improper use of feeding tubes by staff caregivers.
Beverly agreed to pay $54,000 in fines and penalties, to reimburse $532,927 in investigation costs and to allow victims to seek restitution in court.
The La Cumbre facility was sold to another company in November 2001, and the new owners were not involved in the state's enforcement action, Attorney General Bill Locker said.
In the civil actions, Beverly did not admit wrongdoing but agreed to pay $2 million in penalties and to make changes in the training and oversight of its employees, and to enact quality review procedures. If changes are not made according to an agreement filed in court, a judge can sanction Beverly with penalties of $6,000 per violation.
Lockyer said the settlement, approved Thursday by the Santa Barbara Superior Court, "holds the state's second-largest nursing home chain accountable for delivering quality care to the more than 13,000 elderly and dependent Californians living in Beverly nursing homes across the state."
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