Fatal assault by roommate at nursing facility leads to lawsuit in California

The family of a 98-year-old grandmother is suing a Santa Clara nursing facility, Mission Skilled Nursing and Subacute Center, for the death of their loved one, who was fatally injured by her roommate.

The lawsuit alleges that Mission Skilled Nursing and Subacute Center failed in its responsibility to ensure Vera's safety by placing her with a patient they allegedly knew to be violent and dangerous.

According to court documents, police believe Connie Delucca, 79, beat Vera Plares with a cane. Vera was viciously assaulted while in bed around 6 p.m. on Dec. 13, 2023. Her family gathered outside the nursing home to announce legal action against the facility.

"We trusted them to take care of my grandma, to keep her safe, and they failed miserably," Adam Plares, Vera's grandson, said.

Doctors who examined her body said the cause of death was "blunt force injury to the head."

The family's lawyer is asking why the nursing home placed Vera with a known troublemaker. Police had been called to the same place earlier in 2023 when Delucca allegedly tried to choke another person she was rooming with.

"What was done here is absolutely disgusting and evil," Adam Plares stated. "We demand accountability."

They want the nursing home to pay substantial damages for what happened. Victoria Gutierrez, who's representing the family in court, said that Vera was vulnerable next to someone who could become violent at any moment.

The facility's management released a statement acknowledging that one of its former residents was arrested for this incident. They're now cooperating, expressing their condolences, and complying with police requests to investigate the matter thoroughly.

The Santa Clara County District Attorney has charged Delucca with murder. She remains in jail without bail.

Family members described Vera Plares as a loving and witty woman who will be deeply missed. Her great-granddaughter, Sierra Plares, said, "Me and my family are going to have gaping holes in our hearts for the rest of our lives. Her pain is over, but ours is just beginning."

The case has raised concerns about safety protocols in nursing homes and the screening of residents with potential behavioral issues.

The family hopes their lawsuit will bring accountability and prevent similar incidents.