Care home death
nets 90-day prison sentenceThe 102-year-old client died
of pneumonia but also had bedsores
A former Waipahu care home operator was sentenced to 90 days in prison for failing to obtain proper medical care for a 102-year-old client who died in her care.
Circuit Judge Dan Kochi ordered Virginia Bigornia yesterday to begin serving her prison term Jan. 31.
Bigornia, 59, pleaded guilty to second-degree assault in July under a plea agreement for recklessly causing seriously bodily injury to Ushi Kaneshiro, who died April 9, 2002. The Medical Examiner's Office found that acute pneumonia was the immediate cause of death. Kaneshiro had also suffered from bedsores.
Deputy Attorney General Michael Parrish said Bigornia was not prosecuted for manslaughter because they could not prove beyond a reasonable doubt that her neglect led to Kaneshiro contracting pneumonia. "But we could prove beyond a reasonable doubt that the neglect led to the ulcers," Parrish said.
While members of Kaneshiro's family did not attend yesterday's sentencing, Parrish said the family is saddened over her death but is comforted knowing that someone was held accountable.
Bigornia declined to address the court. Her attorney, Emmanuel Guerrero, called it a sad case for both the Kaneshiro and Bigornia families.
"We have a person who was actually trying to do her best, trying to do what's right," he said. "It's very sad that two families will suffer from an unfortunate omission."
Bigornia had no intent to cause harm, he said. "She acknowledged by virtue of her position, she was being paid to provide a high standard of care."
Parrish said Bigornia made an effort to place Kaneshiro into an intermediate-care facility when the patient became less mobile, as called for by administrative rules governing care home operators. But Bigornia could not find a place for Kaneshiro and "unfortunately did not address her medical problems early enough," he said.
During five years of probation, Bigornia is prohibited from working in a care-related setting. She was also ordered to perform 100 hours of community service.
Bigornia acknowledged that Kaneshiro was ill but did not take her to the doctor because she was ill herself, said Dianne Okumura, chief of the Office of Health Care Assurance, which licenses care home operators and investigated the death.
"We advised her she should have gotten someone else to take Mrs. Kaneshiro to the doctor," Okumura said.
Bigornia voluntarily closed her Waipahu care home on June 28, 2002, rather than have her license revoked. She also helped transfer four other patients she was caring for to other facilities. There were no complaints regarding those patients.
