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$110 Million Awarded in California Wrongful Death Lawsuit Against Assisted Living Facility

A Sacramento County jury awarded $110 million to the family of Mildred Hernandez, a 100-year-old assisted living resident with Alzheimer’s disease who wandered outside her facility in the middle of the night and died from hypothermia.

Hernandez had lived at Greenhaven Estates Assisted Living and Memory Care in California for 5 years. In February 2019, she left the facility through an exit door that automatically locked behind her. She was found unresponsive hours later in approximately 38-degree weather.

Emergency responders transported her to a hospital, but doctors could not find a pulse or obtain her body temperature. She was pronounced dead that morning.

The family filed a wrongful death lawsuit against the assisted living facility and corporate entities responsible for the facility, arguing that they prioritized profits over the safety of vulnerable residents.

If your family member was harmed or passed away due to neglect, you may be able to take legal action.

100-Year-Old With Alzheimer’s Froze to Death Outside Her Care Facility

Mildred Hernandez was known by her family as a devoted mother who raised four daughters. Her daughter, Roberta Hernandez Tapia, described her as strong and dedicated to her loved ones. The family trusted Greenhaven Estates to keep her safe as her Alzheimer’s disease progressed.

Hernandez was known to be at risk of wandering — a common and dangerous behavior among residents with dementia. According to her family’s attorney, the facility’s staff had known for months that Hernandez was wandering during the night. Yet nothing was documented, and no one informed the family.

On the night of February 11, Hernandez appears to have been last checked on around 1 a.m. At some point during the early morning hours, she made her way outside through an exit door that locked behind her. She fell in the facility’s courtyard and was unable to get back up or call for help.

A staff member found Hernandez outside just before 6 a.m. She had been exposed to near-freezing temperatures for what appeared to be several hours. Despite being rushed to the hospital, she could not be revived.

Corporate Owners Held Accountable in 2-Month Trial

The Hernandez family’s attorneys filed suit against DigitalBridge Group (formerly Colony Capital), a publicly traded real estate investment trust (REIT) that owned Greenhaven Estates, and Formation Capital, a private equity investment firm that served as the asset manager.

State inspection reports from the California Department of Social Services had previously cited the facility for deficiencies related to staffing, training, and resident supervision.

The nursing home abuse lawsuit alleged that:

  • Corporate decisions made by these entities directly contributed to Hernandez’s death
  • Research has linked private equity ownership of care facilities to higher rates of neglect, understaffing, and resident harm
  • Hernandez’s known wandering behavior was never included in written assessments and was not addressed in the mandatory individualized care plan

When investment firms prioritize financial returns over care quality, residents can pay the ultimate price.

Evidence presented during the 2-month trial revealed a pattern of cost-cutting that left residents at serious risk. The family’s attorneys argued that the corporate owners created conditions of understaffing and inadequate protection for vulnerable residents in order to maximize profits.

In March 2026, the jury returned a $110 million total verdict in favor of the Hernandez family — one of the largest assisted living wrongful death verdicts in California history.

Family Speaks Out After Verdict

In a statement following the verdict, the Hernandez family expressed both grief and hope that the outcome would drive change across the senior care industry.

The family described their mother’s death as preventable, and they hoped the verdict would prevent other families from experiencing the same kind of loss and push care facility operators to put resident safety first.

“Our mother deserved to live out her final years with dignity, safety, and compassion. Instead, she died alone in the cold because Greenhaven Estates and its corporate overseers failed to provide the most basic protection they promised.”

– The Hernandez Family

The facility has since changed hands and now operates under a different name — Spanish Vines Assisted Living and Memory Care.

Understanding Elopement: A Deadly Risk in Assisted Living

Elopement refers to when a resident wanders away from a care facility without supervision, and it’s one of the most dangerous events that can occur in an assisted living or nursing home setting. Residents with Alzheimer’s disease are especially vulnerable, as the disease impairs judgment and the ability to recognize danger.

Care facilities are expected to assess each resident’s risk of wandering and implement protections tailored to their needs, which may include:

  • Alarm systems
  • Individualized care plans that address wandering behavior
  • Monitoring technology
  • Secured exits

When a facility fails to take these basic precautions, the consequences can be fatal, especially for a resident with a known history of nighttime wandering. In Hernandez’s case, a locked exit door that could be opened from the inside but not from the outside trapped her in freezing conditions with no way to return to safety.

Families who suspect that a loved one’s elopement was caused by inadequate supervision or poor safety measures may have grounds to pursue legal action against the facility.

What Families Can Do to Protect Loved Ones in Care Facilities

If your loved one lives in an assisted living facility or nursing home, especially one that serves residents with dementia, staying vigilant can help prevent a tragedy.

Help keep your loved ones safe in assisted living facilities by:

  • Asking about elopement prevention measures: Find out what systems the facility uses to prevent wandering, including door alarms, monitoring devices, and staffing during overnight hours.
  • Reviewing your loved one’s care plan: Make sure their individual risk factors, including any history of wandering, are documented and addressed with specific interventions.
  • Visiting at different times of day: Drop in during evenings, early mornings, and weekends to get a realistic picture of staffing levels and the amount of supervision residents receive.
  • Requesting regular updates: Ask the facility to inform you immediately of any incidents, changes in behavior, or missed safety checks.
  • Contacting a California nursing home abuse lawyer: If your loved one was harmed or died due to neglect, an experienced attorney can help you understand your legal options.

The $110 million verdict in the Hernandez case sends a powerful message: When care facilities and their corporate owners fail to protect vulnerable residents, they can be held accountable.

Get Help From a California Nursing Home Abuse Attorney Today

If your loved one was seriously harmed or died because of neglect in an assisted living facility or nursing home, you don’t have to face this alone. Speaking with an experienced nursing home abuse lawyer can help you understand your rights and pursue the compensation your family may deserve.

At the Nursing Home Abuse Center, we can connect you to top nursing home abuse lawyers who have secured over $327 million for families across all 50 states.

Get a free case review now to see if a nursing home abuse lawsuit may be right for your family.

Nursing Home Abuse Support TeamLast modified:
Julie Rivers HeadshotReviewed by:Julie Rivers, MBA, CSA

Eldercare Advocate & Certified Senior Advisor

  • Fact-Checked
  • Editor

Julie Rivers is an eldercare advocate with over 25 years of experience focused on nursing home resident safety. She began as a case manager at a nursing home law firm, working with families in crisis. She is a Certified Senior Advisor and also cared for her mother through Alzheimer’s. Her business training deepens her understanding of how for-profit facilities operate.

The Nursing Home Abuse Center (NHAC) was founded to bring justice to those affected by nursing home and elder abuse. Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect.

  1. ABC 10. “Family says 100-year-old woman with dementia wandered out, died from hypothermia in Sacramento.” Retrieved from: https://www.abc10.com/article/news/local/sacramento/family-says-100-year-old-woman-with-dementia-wandered-out-died-from-hypothermia-in-sacramento/103-1991d992-d8cd-4b7b-accd-87c925c12dd5.
  2. KCRA3. “Family of 100-year-old woman who died of hypothermia outside Sacramento assisted living facility is awarded $110 million.” Retrieved from: https://www.kcra.com/article/100-year-old-woman-who-died-of-hypothermia-outside-sacramento-assisted-living-facility-lawsuit/70597517.