PINELLAS COUNTY, Fla. (WFLA) — A family in Pinellas County is steadfastly pursuing justice two years following the death of their mother, which resulted from a fall at an assisted living facility.

Their case is raising significant alarms about the care and protection of seniors within Florida’s elder care system.

Seasons Largo Assisted Living Facility is facing $10.2 million judgment against them, and it hasn’t paid the family yet. The family’s attorney filed a motion asking the court to transfer the facility’s ownership to the victim’s estate.

Based on Seasons Largo Assisted Living Facility’s reputation and promises of safety, the family of 84-year-old Virginia McPherson chose to place their mom there.

“She was left alone. She tragically fell, broke her hip. They did not provide the necessary care to save her life,” said Will Sarubbi, partner at Senior Justice Law Firm.

McPherson died two months later on July 28, 2023. Her cause of death was listed as an accident.

Attorney Will Sarubbi filed a wrongful death lawsuit on behalf of McPherson’s sons claiming their mom suffered a preventable injury from a fall and the facility “negligently failed to provide the required reasonable care, supervision, and assistance.” 

The suit was filed against Seasons Largo and its owners, Tampa-based Delta Healthcare and Michael Eloian.

Last October, a jury found the facility at fault and awarded the family $10.5 million, but the facility hasn’t paid a dime since as attorneys have appealed.

“It is one of the biggest assisted living facility verdicts in the entire state history,” Sarubbi said.

Attorney Sam Heller, who represents the facility, wrote, “My clients stand by their position, including their substantive defense of Plaintiff’s claim that Ms. McPherson did not suffer an injury while at their facility, but rather consistently refused recommended medical care which my clients are not authorized to provide as an assisted living facility.  While we continue to extend our deepest sympathies to the McPherson family, Ms. McPherson and her son refused multiple recommendations for medical treatment and was ultimately transferred to another facility where she passed away several weeks later from reasons unknown to my client and unconnected to her residency at Seasons Largo.” 

Sarubbi questions how the facility is operating and admitting new residents, despite facing this type of debt.

“If a facility like Seasons Largo in this case is hit with a 10-and-a-half-million-dollar verdict, they have to show that they’re financially stable enough to continue to operate,” Sarubbi said.

“A default judgment was entered against my clients in late 2024 on the basis that they failed to appear at trial,” Heller wrote. “We have challenged that default judgment on the grounds that the complaint was not properly served, and additionally that there was no timely notification to my clients of the trial date in accordance with the Rules of Civil Procedure.  There would be no reason for my clients not to respond to a lawsuit or appear at trial since they carry state-required malpractice insurance and have retained attorneys for circumstances exactly like this.  My clients’ due process challenge is currently on appeal to the Second District Court of Appeal, and we look forward to the Court’s decision.”

“From my understanding, based on the law, does not absolve their obligation to comply with the regulations handed down by the Florida law,” Sarubbi said.

Heller continued to write: “In the meantime, while the default judgment has been challenged, the Plaintiff’s attorneys have aggressively sought to pressure the defendants to abandon their legal rights and pay the default judgment.  WFLA is the third news outlet that the Plaintiff’s attorneys have strategically contacted regarding this case over the last year, with each contact coinciding with renewed attempts to pressure my clients into abandoning their appeal and entering into a settlement.  Beyond media involvement, Plaintiff’s attorneys have used other means to pressure payment before the exhaustion of appeals, such as making complaints to state regulatory agencies, suing other companies with connections to the owners of Seasons Largo along with other inappropriate actions outside of Court.  Again, these efforts are designed solely to force my clients to abandon their appeal, but my clients will continue to avail themselves of the legal recourse available to them and will not be pressured to pay a judgment before those efforts are concluded.”