Gropp v. CP PB Gardens Development

Summary

In this arbitration, decedent Rita Iacobellis fell at The Madyson at Palm Beach Gardens, an assisted living facility. This fall led to a broken hip, surgery, and eventually led to her death.

Representatives of Iacobellis claim that The Madyson's staff should have appropriately helped her sit in the dining room chair. As staff was aware of Iacobellis’s dementia and wound in her leg, this put her at an elevated fall risk that should require a greater level of supervision and aid. Representatives claim that this lack of individualized aid, combined with The Madyson failing to appropriately staff the dining room or provide Iacobellis with a walker, were examples of inadequate care.

The Madyson claims that they were simply following Florida assisted living facility laws. These laws promote resident independence, allowing residents to perform tasks that they completed in the past without assistance. And, as Iacobellis had a history of being able to sit without help, The Madyson did not have to help her through every aspect of the sitting process.