On June 12, 2013, plaintiff John Tully, 80, a retired Korean War veteran, was being transported out of his bed at the skilled nursing facility at Veterans Home of California – West Los Angeles. As he was being transported to his wheelchair by a float (temporary) nurse, Tully lost his balance and fell on his back. Tully’s physical health had previously been compromised by a variety of events, included two strokes, causing him to experience right-sided weakness and an abnormal gait when walking. As a result, he became a resident of the Veterans Home of California – Chula Vista on Oct. 1, 2012. Tully’s residency was later transferred to the skilled nursing facility at Veterans Home of California – West Los Angeles on April 29, 2013. At the time of the transfer, Tully had various physical risks documented in his health records, and he was known to be high-risk for falls. As a result of his known problems, Tully required appropriate and significant interventions to protect him from injury. However, on June 12, 2013, while being transported out of his bed and to his wheelchair by a float nurse, Tully was allegedly allowed to walk across the room to his wheelchair without a walker, causing him to fall. He was subsequently treated with pain medication. On June 21, 2013, Tully was again being transferred out of his bed at Veterans Home of California – West Los Angeles. This time, he was being transferred by a certified nursing assistant using a mechanical lift. However, Tully allegedly fell backward onto his back again. Three days later, a physical therapist at Veterans Home of California – West Los Angeles determined that Tully could not use his legs and sent him to a hospital for further evaluation. After an examination, it was determined that Tully suffered a complete spinal fracture at T-12, resulting in below-the-waist paralysis. Tully, by and through his attorney-in-fact, Jeryldine Saville, sued the operator of the Veteran’s Home of California – West Los Angeles, the State of California Department of Veteran’s Affairs. Saville, on behalf of Tully, alleged that the defendant’s actions constituted elder abuse pursuant to the Elder Adult and Dependent Adult Civil Protection Act. He also alleged that the defendant’s actions constituted negligence, negligent hiring, and negligent supervision. According to the complaint, Tully claimed that the Veterans Home of California – West Los Angeles failed to adhere to applicable rules, laws and regulations, as well as to the acceptable standards of practice governing the operation of a skilled nursing facility. He claimed that as a result, he was inappropriately handled by the staff at Veterans Home of California – West Los Angeles on two occasions within a 10-day period, resulting in him falling on his back on each occasion and resulting in a spinal fracture/paralysis during the second fall. Tully specifically claimed that the float nurse responsible for transferring him on June 12, 2013, was unfamiliar with his needs and should not have allowed him to walk from his bed to his wheelchair unassisted. He also claimed that on the second occasion, the certified nursing assistant did not know how to perform a transfer using the subject mechanical lift due to a lack of training. Specifically, Tully alleged that the nurse placed his wheelchair in the opposite position during the transfer, resulting in the fall. According to the complaint, Tully further claimed that in an attempt to cover-up its abject neglect of his care, the defendant did not immediately notify his family about the second fall and that his family didn’t learn about the fall until coming into the facility after receiving a call from Tully begging for help. Thus, Tully asserted that the defendant knowingly disregarded the fact that he was a high-risk for falls. He further asserted that the defendant failed to adequately assess, generate and implement a plan of care for him that was appropriate due to the Veterans Home of California – West Los Angeles being understaffed in both number and training. The Veterans Home of California – West Los Angeles answered the complaint by generally denying each of the allegations and asserting various affirmative defenses., Tully sustained a fracture of his T12 vertebrae, causing a retropulsed fragment to compromise the spinal canal space. He claimed that this caused days of pain and suffering until such time as his legs would no longer move and would form a “frog-leg” position in his bed. He alleged that as a result, he was sent to a hospital and was ultimately diagnosed with a spinal fracture, resulting in paraplegia. Tully contended that his immobility due to the paralysis caused him to develop painful pressure sores, which are alternately termed “decubitus ulcers” or “bedsores.” He claimed that one of the more serious pressure sores included a Stage 4 pressure sore on his left, lateral malleolus. In addition, Tully claimed he suffered excruciating lower back pain for a period of three days, mental impairment/altered mental status, and various complications, including bowel and bladder incontinence, as a result of the defendant’s negligent care and failed lumbar epidural catheter placement. Thus, Tully sought recovery of non-economic and economic damages, as well as attorney’s fees pursuant to the Elder and Dependent Adult Civil Protection Act.