The Hollywood, FL, nursing home where a dozen residents died from heat exposure last September is arguing this week for the chance to keep its operating license.
In a court hearing that started Monday, officials from the state’s agency of healthcare administration argued they should be able to revoke the facility’s license after a deadly air conditioning failure caused by Hurricane Irma.
But attorneys for the Hollywood Hills Rehabilitation Center argued before administrative judge Mary Li Creasy that their pleas for help during the hurricane and in the days after went ignored by the state.
The hearing is supposed to last through the week, with a second one scheduled for March.
On day one, J. Stephen Menton, an attorney representing the state mapped out a timeline of the residents’ deaths and the evacuation of the 152-bed facility on Sept. 13.
According to the Sun-Sentinel, he planned to present testimony from emergency medical responders, police and medical examiners over the course of this week to explain the evacuation and the discovery of dead and dying residents.
“When you hear the descriptions from the first responders as to the conditions that existed within that facility, it’s hard to come to any other conclusion but that the facility failed to maintain a safe environment for its residents,” the newspaper quoted Menton as saying.
Geoffrey Smith, an attorney representing the nursing home, said Hollywood Hills reached out to to state officials, including Gov. Rick Scott (R) the emergency operation center and Florida Power & Light during the storm’s aftermath. The building was not treated as a priority, he said.
“We believe the evidence is going to show you clearly that Hollywood Hills through its professional staff acted as reasonable, prudent professionals in the face of a natural disaster both in the preparation for the storm and in their subsequent response,” he said.
At least four lawsuits have been filed in response to the deaths, some looking to hold both the nursing home and Florida Power & Light accountable. The 12 deaths were ruled a homicide, but no criminal charges have been filed.
