Setting the Record Straight

A Press Release issued by Congress Member David Valadao’s Campaign

HANFORD – Today, TJ Cox’s distributed a press release explicitly stating claims against his health care facility, Bella Vista Memory Care, “are false.” In response, Valadao for Congress Campaign Spokesman, Cole Rojewski, released

Congress member Valadao talking with workers at MEC Aerial Work Platforms facility in Kerman

the following statement:

“Mr. Cox can try as best he can to sweep elder abuse under the rug, but lawsuits and State of California citations are clear: he was entrusted with the most vulnerable seniors in our community and stripped them of their dignity through his facility’s reckless negligence. I would never place my grandparents in a facility known for this level of horrid treatment, nor should anyone else.”

TJ Cox denied being sued for elder abuse and multiple citations from the California Department of Social Services.

CLAIM: “Mr. Cox has not been sued.”

TRUTH: Cox is Identified As The Licensee Of Bella Vista and Cox Owns An Interest In Sierra Meadows Senior Living LLC

CLAIM: “The home has never lost its operating license, as it would if it were unsafe.”

TRUTH: Bella Vista Memory Care Has Been Cited Nearly 30 Times For Violations Of The Health And Safety Code

  • Since Opening In October 2013, Bella Vista Has Received 12 Type A Citations And 15 Type B Citations From The California Department Of Social Services. (Bella Vista Facility Profile, California Department Of Social Services Website, Accessed 5/12/18)
  • In November 2017, Bella Vista Was Cited For Failing To Have Alarms To Prevent Residents With Dementia From Wandering Out Of The Facility. “Care of Persons with Dementia. The licensee shall have an auditory device or other staff alert feature to monitor exits, if exiting presents a hazard to any resident. * Resident R1 behavior put his personal safety at risk in the process of leaving the facility’s enclosed perimeter. This incident posed the immediate health and safety risk to the resident R1.” (Facility Evaluation Report, California Department of Social Services, 11/29/17)
  • In October 2017, Bella Vista Was Cited For Failing To Properly Secure Hazardous Substances From Residents With Dementia. “87705(f)(2) Care of Persons with Dementia. The following items shall be made inaccessible to residents with dementia: Over-the-counter medication, nutritional supplements or vitamins, alcohol, cigarettes, and toxic substances such as certain plants, gardening supplies, cleaning supplies and disinfectants. 1) LPA observed a broken door knob on the laundry room door, giving resident’s access to the laundry room. The laundry room has detergents stored in an unlocked cabinet.” (Facility Evaluation Report, California Department of Social Services, 10/12/17)
  • In October 2015, Bella Vista Was Cited For Failing To Report Resident Injuries And Illnesses As Required By Law. “87211 Reporting Requirements Each licensee shall furnish to the licensing agency such reports as the Department may require, including, but not limited to, the following: LPA observed that the facility failed to submit incident reports as required by title 22 : residents that had falls at the facility and several residents that experienced an intestinal issues at the same time.” (Complaint Investigation Report, California Department of Social Services, 10/13/15)
  • In February 2016, Bella Vista Was Cited After An Unqualified Staff Member Changed The Dressing On A Resident’s Wound. “87411(h) Personnel Requirements General. All services requiring specialized skills shall be performed by personnel qualified by training or experience in accordance with recognized professional standards. Unqualified staff conducted dressing changes on Resident #1 wound.” (Complaint Investigation Report, California Department of Social Services, 2/10/16)
  • In April 2015, Bella Vista Was Cited After It Failing To Request A Fire Clearance For A Bedridden Resident. “During a case management visit, CCL LPA Brenda White and Complaint Specialist Theresa Marquez observed the following deficiencies: The facility failed to notify and request from CCL a bedridden fire clearance for Resident #1 whom is bedridden.” (Facility Evaluation Report, California Department of Social Services, 4/28/15)

CLAIM: “Furthermore, some claims made in the ads, such as elder abuse or that a resident lost an eye, were baseless accusations taken from frivolous lawsuits brought by an out-of-town attorney against the home, for which Bella Vista Memory Care has not been found at fault.”

TRUTH: Bella Vista Is Being Sued By Josh Dansby, A Resident Who Lost An Eye While A Bella Vista Resident

  • In January 2018, Bella Vista Memory Care Was Sued By Josh Dansby Jr., A Resident Who Lost An Eye After Being Assaulted By His Roommate. “A former resident of Bella Vista Memory Care Community in northwest Fresno contends in a civil lawsuit that he had to have his right eye removed after staff at the nursing home allowed him to be attacked twice by his roommate. Josh Dansby Jr. is seeking unspecified damages in Fresno County Superior Court for elder abuse, negligent hiring and supervision and assault and battery.” (Pablo Lopez, “Suit Says Residential Care Facility To Blame For Man Losing An Eye. Critic Calls It A ‘Shakedown.’,” Fresno Bee, 2/16/18)
  • Bella Vista Allegedly Allowed A Resident With Known “Dangerous Propensities” To Remain In The Facility And Be Dansby’s Roommate. The Lawsuit Alleges That The Facility Was Aware That A Resident Had “Dangerous Propensities” But Allowed Him To Stay Regardless. “Additionally, it is alleged that at all times relevant hereto SIERRA MEADOWS SENIOR LIVING LLC and DOES 6-250 were fully aware of the dangerous propensities of DOE 1 which required, for the health and safety of other FACILITY residents including JOSH DANSBY JR., that interventions be put in place for the protection of all FACILITY residents.” (Complaint, Josh Dansby Jr. vs. Sierra Meadows Senior Living LLC, Fresno County Superior Court, 18CECG00406, 1/31/18, p. 4)
  • The Facility Allegedly Ignored Requests By Dansby’s Family To Move Him After He Was Assaulted By His Roommate. The Resident Allegedly Attacked Dansby In September Of 2017. “And predictably, in a path of occurrence which was well known to be inevitable to SIERRA MEADOWS SENIOR LIVING LLC and DOES 6-250 and yet ignored by them, in or around September of 2017, SIERRA MEADOWS SENIOR LIVING LLC and DOES 6-250 so completely failed to provide required services to DOE 1 and JOSH DANSBY JR. so as to protect JOSH DANSBY JR. from a violent physical attack by DOE 1.”
  • Following The Attack, Dansby’s Family Allegedly Asked The Facility To Intervene, But Dansby Was Required To Remain Roommates With His Assailant. “Immediately, family members of JOSH DANSBY JR. complained to SIERRA MEADOWS SENIOR LIVING LLC and DOES 6-250 asking that appropriate and required services be provided so as to protect JOSH DANSBY JR. from another violent physical assault by DOE 1 in the FACILITY. Rather than appropriately intervene as requested by JOSH DANSBY JR.’S daughter so as to prevent future altercations, the FACILTY staff failed to separate JOSH DANSBY JR. and DOE 1 forcing JOSH DANSBY JR. to remain the roommate of DOE 1, notwithstanding their known physical propensities and history of physically aggressive behaviors of DOE 1.” (Complaint, Josh Dansby Jr. vs. Sierra Meadows Senior Living LLC, Fresno County Superior Court, 18CECG00406, 1/31/18, p. 5)
  • The Facility Director Allegedly Said There Was “No Alternative” To Keeping Dansby And His Assailant As Roommates. “The Administrator explained the wrongful withholding of necessary care to protect JOSH DANSBY JR. as claiming that there was no alternative, all the while with SIERRA MEADOWS SENIOR LIVING LLC and DOES 6-250 being solely concerned with cashing checks and ill begotten financial gain all the while knowingly disregarding the dangerous position in which they placed JOSH DANSBY JR. in the refusal of SIERRA MEADOWS SENIOR LIVING LLC and DOES 6-250 to provide required care to protect the health and safety of JOSH DANSBY JR.” (Complaint, Josh Dansby Jr. vs. Sierra Meadows Senior Living LLC, Fresno County Superior Court, 18CECG00406, 1/31/18, p. 5)
  • Dansby Was Assaulted Again By His Roommate And Had To Have His Right Eye Removed. Dansby Was Again Allegedly Assaulted By His Roommate On December 30, 2017. “As the direct and proximate result of the wrongful withholding of required care by SIERRA MEADOWS SENIOR LIVING LLC and DOES 6-250 to protect JOSH DANSBY JR. from known health and safety hazards of the violent DOE 1, on or about December 30, 2018, DOE 1 once again violently assaulted JOSH DANSBY JR.” (Complaint, Josh Dansby Jr. vs. Sierra Meadows Senior Living LLC, Fresno County Superior Court, 18CECG00406, 1/31/18, p. 5)
  • The Facility Allegedly Failed To Notify Dansby’s Family Of The Second Assault And Delayed Several Days Before Sending Dansby To The Hospital, Where He Was Diagnosed With A Corneal Detachment. “Rather than promptly notify JOSH DANSBY JR.’S family of the resultant rapidly increasing accumulation of blood in his right eye, the FACILITY in an attempt to fraudulently conceal their misconduct, staff waited for days following the incident before transferring JOSH DANSBY JR. to St. Agnes Hospital Emergency Room where JOSH DANSBY JR. was determined to have suffered a corneal detachment due to the trauma from the entirely preventable assault of JOSH DANSBY JR. by DOE 1.” (Complaint, Josh Dansby Jr. vs. Sierra Meadows Senior Living LLC, Fresno County Superior Court, 18CECG00406, 1/31/18, p. 6)
  • Dansby’s Right Eye Had To Be Removed As A Result Of The Injury. “On or about January 3, 2018, JOSH DANSBY JR. underwent surgical removal of JOSH DANSBY JR.’S right eye necessitated by the entirely preventable resident-to-resident altercation in the FACILTY alleged hereinabove.” (Complaint, Josh Dansby Jr. vs. Sierra Meadows Senior Living LLC, Fresno County Superior Court, 18CECG00406, 1/31/18, p. 6)
  • The Lawsuit Against Bella Vista Is Still Active: As Of October 31, 2018, The Fresno County Superior Court Website Shows Josh Dansby, JR vs. Sierra Meadows Senior Living, LLC  As Active. (Josh Dansby Jr. vs. Sierra Meadows Senior Living LLC, Fresno County Superior Court, 18CECG00406, Accessed 10/31/18)

 

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