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The family of a 100-year-old lady with Alzheimer’s who died of hypothermia after she wandered out of her nursing home, only to have an automatic door lock behind her, was awarded $110 million by a jury Tuesday.

Mildred Hernandez died alone in the cold after wandering out into 38 degree weather from Greenhaven Estates in Sacramento where she lived for over five years.

Just two days before Valentines Day 2019 shortly before 6:00 a.m., the 100-year-old was found outside of Greenhaven Estates beyond an exit door that automatically locked, preventing her re-entry into the facility The Post learned.  

She suffered injuries from a fall and appeared to have crawled to a location within the courtyard where she ultimately froze to death.


  Mildred Hernandez on her 99th birthday. Superior Court of California Mildred Hernandez on her 99th birthday. Superior Court of California

  Mildred Hernandez. Superior Court of California Mildred Hernandez. Superior Court of California

  Hernandez was born on Christmas Eve in 1918. Superior Court of California Hernandez was born on Christmas Eve in 1918. Superior Court of California

Hernandez was transported to a hospital where she was unresponsive and cold to the touch. Emergency room doctors were unable to obtain a body temperature or a pulse. The 100-year-old was pronounced dead at 7:30 a.m., according to the complaint.

The case kicked off on January 6th in Sacramento in front of Judge Jeffrey Galvin.

Attorneys argued that despite knowing Hernandez was at high risk of wandering, the facility failed to provide adequate supervision or implement appropriate safety measures to keep her safe. 

While at Greenhaven, the Alzheimer’s patient was able to feel pain and fear, but she was not able to independently take care of herself, and required the assistance of professional custodians, according to the complaint.

It also said staff observed that Hernandez was often forgetful, had become confused with times of day and night, required redirection, and was a high fall risk.

She suffered severe physical injury, severe pain, severe emotional distress, mental suffering, and death, according to the complaint.

The 100-year-old had last been checked on at 1 a.m. on the day she died and was believed to be outside for hours according to attorneys.

The jury took four-and-a-half days to decide on the massive award after finding Formation Capital and Colony Capital responsible for her neglect and wrongful death.

The award totaled $100 million in punitive damages and $10 million more in compensatory damages.  

“This $110 million verdict confirms what we knew from day one: Mildred Hernandez died alone in the cold because the large public REIT and private equity companies that were responsible for overseeing Greenhaven Estates turned a blind eye to operations at the facility that had been dangerous to residents for several years before Mildred’s death,” said attorney Ed Dudensing. 

Formation Capital was the asset manager, and Colony Capital, worth billions, was the beneficial owner of Greenhaven Estates.

“One of the items the jury is required to consider is the amount of punitive damages necessary to punish and deter in light of the defendant’s financial condition. The evidence showed that Colony Capital was worth 2.82 billion, so the jury awarded $92 million, which reflects just 3% of the company’s net worth”, Dudensing told The Post.

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Hernandez was born on Christmas Eve in 1918 and was the mother of four girls.

“While no verdict can bring our mother back, we hope this outcome will prevent other families from suffering the same heartbreak and force these companies to prioritize the well-being of the vulnerable seniors entrusted to their care,” her family said in a statement.

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