Sobalvarro v. Vibra Health Care, et al. (March 26, 2026, A168792) __ Cal.Rptr.3d __ (2026 WL 850431)
Plaintiff sued a healthcare provider for dependent adult abuse, negligence, battery, and assault. Plaintiff was recovering from a stroke. For much of her stay at the health care facility, plaintiff was paralyzed, nonverbal, and required significant assistance from nursing staff, including intimate care. Plaintiff alleged that the male nurse who provided much of that care sexually assaulted her. At no point was plaintiff asked whether she would prefer a female caregiver. The jury found the healthcare provider negligent for violating plaintiff’s rights under the Patients’ Bill of Rights and awarded damages. The trial court granted JNOV for defendants, and plaintiff appealed.
The Court of Appeal reversed and directed the trial court to reinstate the jury’s verdict. The court held substantial evidence supported the jury’s verdict because it was undisputed that defendant did not offer plaintiff the choice of being cared for by a female nurse, which plaintiff would have accepted. The court concluded the jury could infer that some of plaintiff’s “distress had to do with receiving daily intimate care, while paralyzed and unable to move or speak, over a lengthy period from a male nurse, contrary to her wishes, and as a direct result of [defendant’s] negligence.” (Typed opn., at p. 21.)
