Kern County court orders senior care service provider to pay $2 million in local elder neglect, wrongful death case

November 3, 2021 | 6:00 am


A Kern County judge has ordered a defendant in a local elder abuse and neglect civil case to pay more than $2 million in connection with the death of an 80-year-old man, longtime teacher, U.S. Army veteran, and husband of 57 years.

Chain | Cohn | Stiles obtained this judgment on behalf of the widow and children of John Paul Owens against Wade Budney of “A Helping Hand Senior Care Services” for the alleged fraud he committed, which ultimately played a role in Paul’s untimely death.

Well into retirement, Paul Owens began to suffer symptoms of Alzheimer’s disease. He fell at home in 2017 and subsequently required surgery on his hip. After surgery, Paul was placed in a skilled nursing facility for the sole purpose of rehabilitation. He was supposed to be given therapy daily to regain the strength to walk on his own, and to be able to independently take care of his regular activities of daily living. Paul and wife Carol always planned for Paul to return to his home after this short period of rehabilitation.

Budney allegedly duped Carol Owens into consenting to the transfer of her husband from a skilled nursing facility to a facility with a lower level of care. In litigation, it was revealed that Budney exchanged text messages with the owner of the lower level facility wherein the owner notified Budney that the facility was inappropriate for Paul Owens’ needs. In light of this, text messages revealed that Budney was arranging to have medical records altered so as to make Paul Owens appear to be qualified for care in this facility. It is believed that Budney did the foregoing for his financial gain, which was solely based upon his successful transfer of Paul Owens from one facility to another.

The judgement was entered in Kern County Superior Court on Oct. 7 against Wade Budney doing business as “A Helping Hand.” After the Court reviewed Carol Owens’ evidence and testimony, it awarded $2,011,297.06 to Carol Owens and two of her children, Sharol Stevenson and Randall Owens.

Paul Owens was born in 1937 in Oklahoma. His family moved to McFarland when he was 4 years old, and he graduated from McFarland High School. After school, he served in the U.S. Army and worked as a paratrooper. In 1960, Paul married Carol. He earned his teaching credential in 1962 and would teach for 38 years. He loved cross country running and working with his hands.

“Ms. Owens’ never-ending love for her husband motivated her to unceasingly pursue this case and give him a voice,” said Tanya Alsheikh, elder abuse and neglect attorney at Chain | Cohn | Stiles. “We are working to ensure that we hold individuals and companies accountable when they take advantage of a particularly vulnerable portion of our population, when they care more about their profits instead of the dignity and health of that individual who they have a responsibility toward.”

——–

If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form, text, or chat with us at chainlaw.com.

———

 MEDIA COVERAGE

Chain | Cohn | Stiles files elder neglect, wrongful death, fraud claim against Bakersfield senior rehab facilities

July 18, 2018 | 6:00 am


Chain | Cohn | Stiles has filed an elder abuse and neglect lawsuit against a Bakersfield senior rehabilitation center that resulted in the death of an 80-year-old man, longtime teacher, U.S. Army veteran, and husband of 57 years.

The elder abuse, elder neglect, wrongful death, and fraud complaint was filed by Chain | Cohn | Stiles on behalf of the widow of John Paul Owens, Carol Owens, against Brookdale Senior Living, Silvercrest Manor, and Wade Budney of “A Helping Hand Senior Care Services.”

The filing of the complaint was covered by KGET-17 News, which you can view by clicking here.

Paul Owens was born in 1937 in Oklahoma. His family moved to McFarland when he was 4 years old, and he graduated from McFarland High School. After school, he served in the U.S. Army, attaining the rank of sergeant, and worked as a paratrooper.

In 1960, Paul married Carol. He earned his teaching credential in 1962 and would teach for 38 years. He loved cross country running, and working with his hands.

Well into retirement, Paul began to suffer symptoms of Alzheimer’s disease. He took a fall at home in 2017 that required him to have surgery on his leg and hip. After, Paul was placed in Brookdale Senior Living for daily care.

“So he could walk again, take care of himself again, so he could go back home and live with his wife of 57 years, that was the goal,” Chain | Cohn | Stiles attorney Matt Clark told KGET News.

That didn’t happen. Paul developed large bed sores, pressure ulcers and received inadequate care. As an example, he was bathed just four times over a span of 35 days.

“Mr. Owens was continually denied the benefit of those interventions necessary to prevent the formation and progression of pressure ulcers,” according to the complaint.

Soon, Carol Owens was told Paul could no longer be housed at Brookdale, and needed to find another facility due to insurance issues. Brookdale contacted “A Helping Hand Senior Care Services,” ran by Wade Budney, to be discharged to Silvercrest.

“Budney puts [Owens] in his personal vehicle, this is a guy with two stage three pressure ulcers, a urinary catheter, a broken leg, hasn’t had rehab yet,” Clark told KGET.

Carol Owens added: “I was told if he wasn’t transferred that Wade would call and report me for elder abuse.”

The inadequate care continued at Silvercrest. Ultimately, the event prompted an investigation by the California Department of Public Health. The department found that Brookdale failed to prevent Paul Owens from developing ulcers, prematurely discharged him, and failed to safely discharge him to another facility.

Additionally, Budney falsely and misleadingly stated that Paul Owens would receive appropriate and adequate care at Silvercrest. He also concealed the fact that he would receive monetary compensation from Silvercrest.

Shortly after being admitted to Silvercrest, Paul Owens was taken to Bakersfield Memorial Hospital. He died shortly after in January 2018.

“The main reason I’m doing this is I don’t want other people to have to go through this with loved ones, that’s the whole goal,” Carol Owens told KGET News.

———

Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who cannot, our oldest, frailest and most vulnerable citizens. If you or someone you know experiences elder abuse or neglect, please contact our attorneys by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

———

MEDIA COVERAGE