Filing # 166311531 E-Filed 02/07/2023 02:53:58 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT, IN AND FOR MANATEE COUNTY, FLORIDA CIVIL DIVISION STEPHANIE SIFRIT, AS PERSONAL REPRESENTATIVE OF THE ESTATE JANET SMITH, Plaintiff, v. Case No. 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE, Defendant, / MPLAINT Plaintiff, STEPHANIE SIFRIT, as Personal Representative of the Estate of JANET SMITH (“Plaintiff”), by and through undersigned counsel, hereby sues the Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d'bfa BRADENTON HEALTH CARE (“Defendant”), and alleges: JURISDICTION, PARTIES, AND VENUE ALLE! NS 1. This is an action for damages in excess of Fifty Thousand Dollars ($50,000.00) 2. On February 15, 2021, JANET SMITH was admitted to Bradenton Health Care, 6305 Cortez Road West, Bradenton, Manatee County, Florida, and remained until her discharge on March 11, 2021, JANET SMITH died on March 2, 2022. 3. Plaintiff, STEPHANIE SIFRIT, is the Personal Representative of the Estate of JANET SMITH. A copy of the Letters of Administration dated July 20, 2022, evidencing STEPHANIE SIFRIT’s authority to bring this action on behalf of the Estate of JANET SMITH, is attached hereto as Exhibit A. "2028CA000582AX" 166311531 Filed at Manatee County Clerk 02/08/2023 10:18:47 AM EST4, Bradenton Health Care is a fictitious name owned by Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC. 5. Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC is a Florida Limited Liability Company. 6. Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC conducted and engaged in business activities within the State of Florida; engaged in substantial and not isolated activities within the State of Florida; and purposely availed itself of the privileges of the State of Florida, through its ownership of, leasing of, operation of, management of, and/or consultation with nursing homes, including Bradenton Health Care, within the State of Florida. Accordingly, pursuant to Florida Statute § 48.193, Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC is subject to the jurisdiction of the courts of the State of Florida 7. Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC committed tortious acts against Janet Smith in the State of Florida. Accordingly, pursuant to Florida Statute § 48.193(1)(b), Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC is subject to the jurisdiction of the courts of the State of Florida. 8 Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC is a licensee that operated Bradenton Health Care during JANET SMITH’s residency and as such owed a duty to JANET SMITH to exercise reasonable care in its operation according to § 400.023(1), Florida Statutes 9. Plaintiff has performed all conditions precedent to commencement of this action. COUNTI NEGLIGENCE CLAIM AGAINST 6305 CORTEZ ROAD WEST OPERATIONS, LLC 10. Plaintiff hereby realleges Paragraphs | through 9 above. "2028CA000582AX" 166311531 Filed at Manatee County Clerk 02/08/2023 10:18:47 AM EST11. JANET SMITH was a resident of Bradenton Health Care from February 15, 2021 to March 11, 2021, JANET SMITH was admitted to Bradenton Health Care because of her severe dementia and Alzheimer’s disease, JANET SMITH was a vulnerable adult who could not express or des ibe symptoms or injuries suffered or the cause of same. 12. The acts and omissions of Defendant 6305 CORTEZ ROAD WI ‘ST OPERATIONS, LLC, as set forth herein, constitute violations of the n dent's rights of JANET SMITH, pursuant to Florida Statute § 400.022. 13. Defendant owed a duty to JANET SMITH to properly hire, retain and supervise all. employees and agents. Defendant also owed a duty to JANET SMITH to properly hire, retain and supervise nurses to ensure that any such licensed nurses exercised care consistent with the prevailing professional standard of care for a nurse. 14, Notwithstanding the responsibility of Defendant to provide JANET SMITH with reasonable care, Defendant failed to act reasonably in the care of JANET SMITH which caused severe injuries and mental anguish. 15, Throughout her resideney, JANET SMITH suffered multiple unwitnessed and unexplained injuries. 16. On or about March 4, 2021, JANET SMITH suffered unexplained severe bruis 1s to her perineum and mons pubis as well as internal trauma found during a visual pelvic exam. JANET SMITH also suffered severe br ing, swelling, and hematomas to her right temple, right forearm, right ring finger, left thumb, right knee, right inner groin area, and right labia. These injuries were the result of Defendant’ a, Failure to provide a safe environment for JANET SMITH and protect JANET MITH from harm; b. Failure to provide adequate supervision over staff; "2028CA000582AX" 166311531 Filed at Manatee County Clerk 02/08/2023 10:18:47 AM EST¢. Failure to allow JANET SMITH’s family to install a video monitor in JANET SMITH’s room, despite request and despite a prohibition of visitors during COVID-19; 4d. Failure to treat JANET SMITH with the fullest measure of dignity as required; and ¢. Failure to keep JANET SMITH’s family adequately informed of her medical condition and proposed treatment. 17. The location and severity of the perincal injuries were suggestive of physical abuse and/or sexual assault, However, Defendant described the cause of the injuries to JANET SMITH’s family as a self-reported fall. The nature of the injuries required JANET SMITH’s immediate transfer to an acute care hospital for professional testing and evaluation. However, Defendant negligently delayed such care resulting in lost evidence, 18. On March 10, 2021, still prior to hospital care, JANET SMITH suffered another her room with no assistance. The fall caused a unwitnessed fall at nighttime while wal ig hematoma bleeding on JANET SMITH’s left thumb and aggravation of JANET SMITH’s prior injuries. There was no light on in JANET SMITH’s room at the time of the fall, nor was there any night light to illuminate the walking area of JANET SMITH’s room. These injuries and others were the result of Defendant’s failures including, but not limited to its: a. Failure to identify all of JANET SMITH’ risk factors for falls; b. Failure to develop a care plan to address JANET SMITH’s risk for falls; ¢. Failure to allow JANET SMITH’s family to install a video monitor in JANET SMITH’s room, despite request and despite a prohibition of visitors during COVID-19; and d. Failure to treat JANET SMITH with the fullest measure of dignity as required 19. JANET SMITH was a vulnerable adult with dementia who could not express the "2028CA000582AX" 166311531 Filed at Manatee County Clerk 02/08/2023 10:18:47 AM ESTcauses of her injuries. Due to the negligence of Defendant and its staff, JANET SMITH sustained avoidable and preventable injuries, harm, and mental anguish. 20. Defendant’s breach of the duties owed to JANET SMITH as set forth herein, including nursing and custodial neglect, which was perpetrated by Defendant, was the legal cause of loss, injury and damages suffered by JANET SMITH. 21. Asa direct and proximate result of Defendant's negligent acts and omissions, and the above-described deviations from the prevailing professional standard of care by Defendant, JANET SMITH suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, and aggravation of a previously existing condition. WHEREFORE, Plaintiff, STEPHANIE SIFRIT, as Personal Representative of the Estate of JANET SMITH, demands judgment against Defendant 6305 CORTEZ ROAD WEST OPERATIO) LLC d/b/a BRADENTON HEALTH CARE for damages, general and special, for its negligence and the deprivation of JANET SMITH’s rights as stated above, and further demands a trial by jury, costs, and further relief as this Court deems appropriate. COUNT BREACH OF FIDUCIARY DUYT CLAIM AGAINS' 6305 CORTEZ ROAD WEST OPERATIONS, LLC 22. Plaintiff hereby realleges Paragraphs 1 through 21 above. 23. This is a claim that presents a theory of recovery based upon the presence of a fiduciary duty owed by Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE, exclusive of and in addition to all rights encompassed in negligence or Chapter 400, Fla. Stat. "2028CA000582AX" 166311531 Filed at Manatee County Clerk 02/08/2023 10:18:47 AM EST24. Atall times material, JANET SMITH was incapable of independently providing for all of her necessary care and services to attain and maintain the highest practicable physical, mental, and psychosocial well-being 25. JANET SMITH was incapable of dealing with Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE at arm’s length. 26. JANET SMITH placed a special confidence and trust in Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE to provide for all of her necessary care and services to attain and maintain the highest practicable physical, mental, and psychosocial well-being 27. Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC dibla BRADENTON HEALTH CARE accepted the special confidence and trust placed upon them by JANET SMITH by admitting her into Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE and by reserving the right to specifically determine the level of care, protection, supplies and services that would be provided to JANET SMITH. 28. Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC dib/a BRADENTON HEALTH CARE controlled every aspect of JANET SMITH’s existence, including water, food, toileting, clothing, and health care. 29. JANET SMITH was solely and particularly dependent upon the employees, officers, directors, and agents of Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE to provide for her daily care, protection, services, supplies and personal and intimate needs 30. Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE developed a special relationship with JANET SMITH by virtue "2028CA000582AX" 166311531 Filed at Manatee County Clerk 02/08/2023 10:18:47 AM ESTof the nature of the care and services, the purported superior knowledge and the disparity of power and unequal bargaining position. 31, JANET SMITH reposed trust and cor lence in Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE. And, Defendant 6305 CORTEZ ROAD WEST OP! ATIONS, LLC d/b/a BRADENTON .LTH CARE accepted that trust and took advantage of its control over JANET SMITH, as well as her inability to care for and provide for herself. 32. This relationship allowed Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE to occupy a position of confidence toward JANET SMITH, which required fidelity, loyalty, good faith, and fair dealing by Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE. oe This special relationship required Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC diba BRADENTON HEALTH CARE to refrain from engaging in self- dealing. 34. Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC dib/a BRADENTON HEALTH CARE systematically accepted monies intended for the provision of care and services to the residents, including JANET SMITH, while representing that the Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE would provide the full value of the care and services as required. - At all times material to this action, Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE owed a fiduciary duty to JANET SMITH. "2028CA000582AX" 166311531 Filed at Manatee County Clerk 02/08/2023 10:18:47 AM EST36. Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC dibla BRADENTON HEALTH CARE failed to provide full value of care and services as promised and as required. 37. Notwithstandin; fiduciary duties to JANET SMITH, Defendant 6305 CORTEZ, ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE acted and failed to act in material breach of the duties owed to JANET SMITH and to the direct detriment of JANET SMITH. Instead, Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE acted or failed to act in ways to promote its own interests and in ways in contravention of the interests of the residents, including JANET SMITH. 38. In violating its fiduciary obligations and duties to JANET SMITH, Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON HEALTH CARE knew or should have known that JANET SMITH would suffer harm. 39. Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC dib/a BRADENTON HEALTH CARE’s breaches of the duties owed to JANET SMITH, as set forth herein were the legal cause of the loss, injury and damages suffered by JANET SMITH WHEREFORE, Plaintiff, STEPHANIE SIFRIT, as Personal Representative of the Estate of JANET SMITH, demands judgment for disgorgement of profits and any consequential damages against Defendant 6305 CORTEZ ROAD WEST OPERATIONS, LLC d/b/a BRADENTON, HEALTH CARE and further demands a trial by jury together with such other and further relief as this Court deems appropriate. ds/ Shirin M. Vesely, Esq. SHIRIN M. VESELY, ESQ. FBN: 21156 Primary email: svesely@trenam.com Secondary email: rvalente@trenam.com MICAH R. NOVEY, ESQ. FBN: 1024820 "2028CA000582AX" 166311531 Filed at Manatee County Clerk 02/08/2023 10:18:47 AM ESTPrimary email: mnovey@trenam.com Secondary email: jcharles@trenam.com TRENAM, KEMKER, SCHARF, BARKIN, FRYE, O'NEILL & MULLIS, P.A. 200 Central Avenue, Suite 1600 St. Petersburg, FL 33701 Phone: (727) 896-7171 (s/ Adam Mohammadbhoy, Esq. ADAM MOHAMMADBHOY, ESQ. FBN: 137367 Primary email: am@harlleebald.com HARLLEE & BALD, PA 202 12th Street West Bradenton, FL 34205-7817 Phone: (941)744-5537 Attorneys for Plaintiff "2028CA000582AX" 166311531 Filed at Manatee County Clerk 02/08/2023 10:18:47 AM EST