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FLORIDA RECORD

Monday, September 16, 2024

Family Alleges Negligence Led to Elderly Woman’s Death at Assisted Living Facility

State Court
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A tragic oversight at a Florida assisted living facility has led to a lawsuit alleging negligence and wrongful death. Edward Eberts, as the personal representative of the estate of Elizabeth Eberts, filed a complaint on June 24, 2024, in the 15th Judicial Circuit Court in Palm Beach County against Boynton Beach Opco, LLC, doing business as Discovery Village at Boynton Beach AL, and Guardian Pharmacy, LLC.

According to the complaint, Elizabeth Eberts was an elderly resident at Discovery Village who suffered from atrial fibrillation and required Eliquis, a blood-thinning medication. The lawsuit claims that both Discovery Village and Guardian Pharmacy failed to manage her medication properly. This alleged failure resulted in Eberts not receiving her prescribed Eliquis for an extended period. Consequently, she suffered a stroke on September 13, 2023, and passed away a week later on September 20.

The plaintiff argues that both defendants had clear responsibilities regarding Elizabeth's care. Discovery Village was responsible for administering her medications consistently and timely while also ensuring communication with her physician about refills. Similarly, Guardian Pharmacy was tasked with managing her prescriptions accurately and communicating any issues regarding medication availability. The complaint states that due to "mismanagement, oversight, and lack of communication," these duties were neglected.

Edward Eberts is seeking damages exceeding $50,000 for violations of Florida Statutes §429.29 related to residents' rights in assisted living facilities and common law negligence. He alleges that Discovery Village failed to provide adequate medical care when Elizabeth exhibited symptoms of stroke onset and did not maintain proper supervision or training of its staff. Additionally, he accuses Guardian Pharmacy of failing to maintain accurate prescription records and communicate effectively with healthcare providers.

The plaintiff seeks various forms of relief from the court including compensatory damages for mental anguish suffered by Elizabeth's survivors due to her wrongful death. They are also seeking reimbursement for medical expenses incurred during her hospitalization and funeral costs.

Representing Edward Eberts are attorneys Michael K. Grife and Catherine C. Darlson from The Grife Law Firm based in Boca Raton, FL. The case will be heard under Case ID: 502024CA005871 XXXAMB Div: AJ.

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