Senior home sued due to death of two clients

“These cases are indicative of the problems in assisted living facilities in California where there’s inadequate staff to meet the needs of its residents,” said Kathryn A. Stebner, an attorney representing both families.

Stebner added it’s unusual for her firm to file two cases against the same facility at once.

“I don’t know that it’s ever happened,” she said.

Atria Foster Square is one of numerous facilities in 27 states operated by Atria Senior living. Mike Mejia, senior vice president-west operations for Atria Senior Living, said in an email statement that ensuring residents’ health and safety is always the top priority.

“In California alone, we operate 37 senior living communities that serve more than 4,000 families each day, and we have a long record of providing care and services at the highest level. While we are unable to comment on these residents’ specific allegations, we take both matters very seriously,” he said. “We look forward to working with these families to resolve any issues they might have.”

According to the lawsuits, both Abrams and Foster were admitted to Atria at Foster Square with the understanding that they were a fall risk with a history of falling and would require extensive assistance and routine monitoring.

The suit filed on behalf of the Fraser family claims Dorothy fell for the first time at the facility on Sept. 14, 2017, while returning from lunch and suffered abrasions to her knee. She fell a second time two days later when she was left unattended in the shower and suffered a traumatic brain injury from which she later died, the suit claims.

The suit filed on behalf of the Abrams family claims Eleanor fell for the fourth time at the facility on Jan. 23, 2017, and was taken to the hospital where she was diagnosed with a left femoral neck fracture, close to the hip. As Abrams was not a surgical candidate, the family elected to place her on hospice due to her injuries, after which her conditioned declined and she became barely responsive, the suit claims. She died about two weeks after the fall, according to the suit.

Stebner added that an administrator at Atria at Foster Square told Fraser’s daughters the company was understaffed.

“I think staff tries really hard but the corporation makes decisions due to budgets not to staff adequately,” Stebner said. “The most common problem with senior homes is staffing. Staffing is the most expensive line item in any budget so that’s where long-term care facilities make budget cuts and that’s why people die in nursing homes and assisted living facilities period.”

zachary@smdailyjournal.com

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