Wayne Weaver, as the personal representative of the estate of Essie Weaver, has filed a lawsuit against Westgate Operations, LLC, doing business as Westgate Health and Rehabilitation Center. The complaint was filed on April 4, 2025, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida. The case revolves around allegations of negligence and violation of statutory rights that allegedly led to Essie Weaver's suffering and eventual death.
The plaintiff alleges that Essie Weaver was re-admitted to Westgate Health and Rehabilitation Center on May 19, 2023, without any skin breakdowns. However, by June 5, 2023, she was transferred to HCA Florida JFK Hospital due to an altered mental status. Upon her arrival at the hospital, a large unstageable sacral wound was discovered. A wound care nurse noted that it was easily a Stage 4 wound beneath black necrotic tissue. Tragically, Essie Weaver passed away on July 3, 2023. Wayne Weaver claims that the bedsore caused significant pain and suffering and contributed to her death.
The complaint accuses Westgate Operations of failing to provide adequate care as required under Section 400.022 of the Florida Statutes and other applicable federal regulations. It states that Essie Weaver's rights were violated during her stay at the facility. These rights include receiving appropriate health care services consistent with community standards and being treated with dignity while being free from abuse.
Wayne Weaver argues that Westgate Operations is vicariously liable for its employees' actions or omissions since they owned and managed the nursing home during Essie Weaver's residency. The plaintiff asserts that the defendant had non-delegable responsibilities to hire competent staff and ensure proper supervision in compliance with professional standards.
In seeking justice for these alleged violations, Wayne Weaver demands judgment against Westgate Operations for damages exceeding $50,000 along with costs and interest. He also requests a jury trial to resolve this matter.
Representing Wayne Weaver is attorney Scott M. Fischer from Gordon & Partners P.A., based in Palm Beach Gardens, Florida. The case has been assigned Case Number: 502025CA003203XXXAMB.