Practice area: Elder abuse

Cotchett, Pitre & McCarthy is one of the foremost law firms in the nation in representing senior citizens who have fallen victim to physical or financial abuse. Elder abuse is a serious and growing problem, especially with the baby boom generation entering retirement. In recognition of this problem, all 50 states have some form of law providing extra protections against elder abuse. Cotchett, Pitre & McCarthy has successfully brought dozens of lawsuits under these elder abuse statutes, most commonly lawsuits on behalf of seniors who have been seriously injured in nursing homes, and seniors who have been defrauded into purchasing unsuitable financial products.

Cotchett, Pitre & McCarthy receives several inquiries each week from family members concerned with the devastating problem of elder abuse and nursing home abuse. Cotchett, Pitre & McCarthy has ongoing cases and investigations into the physical and financial abuse of senior citizens. The firm has successfully prosecuted many elder abuse cases, including actions arising out of deaths of three elderly people who went without care when temperatures reached 100-plus degrees in their nursing home. If you have relatives who have been victimized by such practices, you may contact us at TAKE ACTION to explore their legal rights.

The following are among the elder abuse cases Cotchett, Pitre & McCarthy has recently brought:

San Mateo County Public Guardian (Muhek) v. Miller
San Mateo County Superior Court No. 399494
Action on behalf of senior citizen against care giver who took life savings.

Santa Clara Public Guardian (McCulla) v. Walia
Santa Clara Superior Court No. CV785537
Action against the companies, real estate brokers and others as a result of loans, where senior citizen lost $1.4 million taken out by a third party.

Alameda Public Guardian (Bowie) v. First Alliance Mortgage
Alameda County Superior Court NO. 822774-2
Action against lenders for allowing loans to be placed on senior citizen's home by a third party.

Melder v. Pacific Grove Convalescent Hospital
Monterey Superior Court No.M-44575
Action against nursing home for alleged inappropriate sexual behavior by employee.

Rodriguez v. Res-Care, Inc. et al.
San Mateo Superior Court No. 114740
Settlement of Highly-Publicized Dependant Adult Abuse Case
Res-Care, Inc., the parent company of Res-Care California, Inc. (d/b/a RCCA Services) has agreed to an extremely large settlement involving the near-fatal scalding of one of its patients at a California nursing home. Cotchett, Pitre & McCarthy, acting on behalf of San Mateo County, filed the underlying suit in 2006, alleging that the corporate defendants put profits above care. The victim, Theresa Rodriguez is a conservatee of the San Mateo County Public Guardian. The suit was filed by Cotchett, Pitre & McCarthy and the San Mateo County Counsel's Office for the San Mateo Public Guardian. It sought damages for Ms. Rodriguez' near fatal injuries allegedly caused by ResCare, a corporation that operates homes for developmentally disabled persons and others in 34 states. According to the lawsuit, Ms. Rodriguez suffered second and third degree burns on her genitals, thighs, stomach and lower back when she was put in a shower for 20 minutes with scalding, 130 to 135-degree temperature water on May 5, 2004 at the ResCare California Inc. facility on McGarvey Avenue in Redwood City. The injuries were compounded by staff who put her in a bed and left her alone for three hours before calling 911, the suit said. Following the 911 call, she was airlifted to a hospital burn unit where she was on a life support system for two months. The suit, filed in San Mateo County Superior Court in January 2006, also alleges a new water heater had been installed at the facility only days before the incident, that employees knew it was malfunctioning Ð producing 130 to 135-degree hot water -- and did nothing to remedy the problem. The suit alleged the staffer who put Ms. Rodriguez into the shower "was untrained and unqualified to work" with the victim. "This is a heartbreaking situation that would never have happened if proper staffing and training had been maintained," said Niall P. McCarthy of Cotchett, Pitre & McCarthy. "Fortunately, our settlement ensured that Theresa Rodriguez will receive the highest quality medical care and every possible comfort for the rest of her life."