A vulnerable resident's family is seeking justice against a Florida nursing home and its associated entities, alleging negligence and breach of fiduciary duty. On March 24, 2025, Nettie J. Matthews, represented by her daughter Queen Esther Matthews, filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida. The lawsuit targets Oldsmar FL Opco LLC and several related entities and individuals.
The case revolves around Nettie J. Matthews' stay at Aspire at Oldsmar, formerly known as Oldsmar Health and Rehabilitation Center, from October 13, 2022, to March 11, 2023. The plaintiff accuses the defendants of failing to provide adequate care during this period. The complaint highlights that the defendants breached their duty to ensure proper staffing levels and training at the facility. "Defendants each failed to act reasonably in the provision of care for Nettie J. Matthews," states the complaint, detailing failures such as inadequate health care and lack of appropriate wound care interventions.
The plaintiff further alleges that the defendants prioritized profit over patient care by maintaining maximum census levels without adjusting staffing accordingly. This negligence allegedly led to physical and emotional harm for Nettie J. Matthews, including pain and suffering, mental anguish, and loss of enjoyment of life.
In addition to negligence claims, the lawsuit accuses Oldsmar FL Opco LLC of breaching its fiduciary duty by misusing funds intended for residents' care. The complaint asserts that these funds were diverted through inter-company fees benefiting corporate affiliates rather than being used for residents' well-being. "Oldsmar FL Opco LLC systematically accepted monies intended for the provision of care... while representing that they would use it on behalf of residents," claims the lawsuit.
Queen Esther Matthews seeks damages exceeding $50,000 on behalf of her mother for both non-lethal negligence and economic injury due to fiduciary breaches. The lawsuit also demands disgorgement of profits obtained through alleged exploitation under Florida Statutes §415.1111.
Representing Nettie J. Matthews is attorney Kyle D. Ross from Mendes Reins & Wilander PLLC based in St Petersburg Florida; Judge presiding over this case is yet unnamed with Case ID: 25-001427-CI.