A devastating incident at a Florida nursing home has led to a lawsuit alleging severe negligence and wrongful death. On June 7, 2024, Jairo Rodriguez filed a complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County against Wellington Rehab and Health Center, LLC, doing business as The Luxe at Wellington Rehabilitation Center.
The lawsuit stems from the tragic events of June 30, 2022, when Fernando Rodriguez Sr., a resident at the defendant's facility, suffered a catastrophic fall resulting in facial fractures and severe brain injuries. According to court documents, Mr. Rodriguez was found face down on the floor of his room with significant bleeding from a large skin tear on his right cheek. Despite being non-responsive for several minutes, there were no proper safety interventions in place to prevent such an incident. "Despite Defendant being aware of Mr. Rodriguez's risk to fall," the complaint states, "he was not safe in bed and there was lack of proper safety interventions in place."
Upon arrival at the hospital, medical imaging revealed severe brain injuries including subdural hematomas and multiple subarachnoid hemorrhages. Emergency surgery was performed but unfortunately led to further complications. By July 3, 2022, Mr. Rodriguez's condition had deteriorated significantly; he lost critical reflexes by July 4 and was declared brain dead by two physicians on July 5. His family made the heart-wrenching decision to remove life support.
The plaintiff alleges that Wellington Rehab and Health Center failed to provide adequate care as mandated by Section 400.022 of Florida Statutes and various federal regulations. These laws require nursing homes to ensure residents receive appropriate health care services and are treated with dignity while being protected from abuse. The complaint asserts that these statutory responsibilities include hiring adequately trained staff capable of implementing necessary safety measures.
The Medical Examiner's office concluded that Mr. Rodriguez died due to complications from subdural hematomas caused by falls within the facility—one from standing position and another probable fall from bed.
Jairo Rodriguez is seeking damages exceeding $50,000 for medical expenses incurred due to negligence leading up to his father's death. The lawsuit also claims loss of companionship for Fernando Rodriguez Sr.'s surviving family members—his estate, son Jairo Rodriguez Jr., and another son Fernando Rodriguez Jr.—along with extreme mental pain and suffering.
Represented by Scott M. Fischer from Gordon & Partners P.A., Jairo Rodriguez demands judgment against Wellington Rehab and Health Center for costs associated with this tragedy along with interest accrued since filing date June 7th.
Judge Joseph Abruzzo will preside over Case Number: 502024CA005346XXXAMB Div: AA.