A harrowing tale of alleged negligence and fiduciary breach unfolds as a complaint was filed by Laurinda F. Oliveira, Attorney-in-Fact for Manuel J. Oliveira, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida on June 21, 2024, against Glen Oaks Operations LLC and several associated entities and individuals.
The case stems from the period between January 25, 2023, and February 5, 2023, when Manuel J. Oliveira was admitted to Gulfsides Health and Rehabilitation Center in Clearwater, Florida. According to the complaint, Glen Oaks Operations LLC held the license to operate this nursing home during Oliveira's residency. The plaintiff alleges that multiple defendants—including Glen Oaks Operations Holdings LLC, Orchid Cove Health Group LLC, Lilac Health Group LLC, The Portopiccolo Group LLC, Alexander Terentev, Simcha Hyman, Naftali Zanziper, Paul John Prybylski, and Jason Brye Duplantis—failed to provide adequate care for Manuel J. Oliveira.
The complaint details a litany of grievances against these entities and individuals. It asserts that Glen Oaks Operations LLC and its associates committed tortious acts within Florida jurisdiction as defined by state statutes §48.193(a)2 and §400.023(5). Laurinda F. Oliveira accuses these parties of failing to ensure sufficient staffing levels at the facility and not providing appropriate healthcare services to residents like Manuel J. Oliveira.
"Defendants breached their duty to properly supervise staff," reads one section of the complaint. "They failed to act reasonably in providing care for Manuel J. Oliveira by not ensuring a safe environment or adequate health care." The plaintiff further claims that defendants endangered residents by prioritizing maximum census levels over individual care needs.
Moreover, allegations extend beyond mere negligence into breaches of fiduciary duty by Glen Oaks Operations LLC. According to the complaint: "This claim seeks only to recover for economic injury suffered due to Glen Oaks Operations LLC’s failure to effectively use funds meant for Manuel J. Oliveira’s highest practical physical well-being." The document outlines how revenues intended for resident care were allegedly diverted through inflated inter-company fees benefiting corporate affiliates rather than being used for patient welfare.
In addition to seeking damages exceeding $50,000 for bodily injury and emotional distress caused by negligent acts (Count I), Laurinda F. Oliveira demands disgorgement of profits gained through fiduciary breaches (Count II). The plaintiff also seeks relief under Florida Statutes §415.1111 for exploitation of a vulnerable adult (Count IV), accusing specific individuals—Alexander Terentev; Simcha Hyman; Naftali Zanziper; Paul John Prybylski; Jason Brye Duplantis—of using Medicare benefits intended for Manuel J. Oliveira’s support improperly.
Representing Laurinda F. Oliveira is attorney Kyle D. Ross from Mendes Reins & Wilander PLLC based in St Petersburg FL while Douglas L Hilkert. The court case ID is: 24-002817-CI.