BOCA RATON, FL — A Boca Raton nursing home is facing a wrongful death lawsuit after the estate of a former resident alleged the facility failed to provide reasonable care before her death, according to a complaint filed in Palm Beach County Circuit Court.
The complaint was filed May 27, 2026, in the 15th Judicial Circuit in and for Palm Beach County. The case is captioned Lindsay Kirschner and David Kirschner, as co-personal representatives of the Estate of Marilyn Kirschner v. Boca OPCO LLC d/b/a Yamato Nursing and Rehabilitation Center and Excelsior Care Group LLC. The case number is 502026CA005948XXXAMB.
The plaintiffs are represented by Dylan J. Hanson of Senior Justice Law Firm, which lists a Boca Raton office in the filing. The lawsuit names Boca OPCO LLC as the licensee of Yamato Nursing and Rehabilitation Center and Excelsior Care Group LLC as the alleged management company for the facility.
The claims are allegations made in a civil complaint and have not been proven in court.
According to the complaint, Marilyn Kirschner was admitted to the nursing home for care and supervision related to ongoing medical conditions and cognitive changes. The lawsuit alleges she was vulnerable, unable to care for herself, and dependent on facility staff for help with activities of daily living.
The complaint claims Kirschner was at risk for preventable injuries, including skin breakdown, falls, wandering, infection, malnutrition, and dehydration. The lawsuit alleges the defendants failed to provide reasonable care, supervision, and assistance while she was a resident at the facility.
According to the complaint, Kirschner allegedly suffered sepsis, an untreated urinary tract infection, and severe infected pressure wounds. The lawsuit claims those injuries continued until her death on or about November 20, 2025.
The complaint brings wrongful death and survival claims against both Boca OPCO LLC and Excelsior Care Group LLC. The lawsuit alleges violations of Chapter 400 of the Florida Statutes, which governs nursing home resident rights and related civil claims.
Among other allegations, the complaint claims the defendants failed to properly assess and respond to skin breakdown, pressure ulcers, infection, fall risks, nutrition, hydration, hygiene needs, medication needs, and changes in condition. The filing also alleges failures related to staffing, training, budgeting, policies, procedures, outside consultation, and transfers to a higher level of care.
The lawsuit seeks damages exceeding $50,000, exclusive of costs, interest, and attorney’s fees. The complaint seeks damages under Florida’s wrongful death statute, including medical expenses, funeral expenses, loss of net accumulations, mental pain and suffering, and loss of companionship and support. In the alternative, the estate also seeks survival damages related to Kirschner’s alleged pain, suffering, medical care, and other losses before her death.
The plaintiffs demand a jury trial.
Boca Post reviewed the complaint, Lindsay Kirschner and David Kirschner, as co-personal representatives of the Estate of Marilyn Kirschner v. Boca OPCO LLC d/b/a Yamato Nursing and Rehabilitation Center and Excelsior Care Group LLC, Case No. 502026CA005948XXXAMB, filed May 27, 2026, in Palm Beach County Circuit Court. The original complaint can be viewed here.
The filing reviewed by Boca Post does not include a response from the defendants.
Additional lawsuits alleging nursing home neglect can be found in Boca Post’s Lawsuits section.
