A nursing home in East Oakland is under fire as it faces a lawsuit alleging rape, elder neglect, and fraud. The case involves a 79-year-old woman with Alzheimer’s and dementia who was allegedly sexually assaulted multiple times at Windsor Healthcare Center of Oakland.
Key Takeaways
- The lawsuit alleges multiple instances of sexual assault on a 79-year-old woman.
- The facility is accused of neglect and fraud, including hiding the incidents.
- The nursing home is part of a chain operated by Brius Management Company.
- Legal documents indicate a history of failures in care and understaffing.
Allegations and Initial Incident
The lawsuit centers around Cheryl Doe, a 79-year-old woman suffering from Alzheimer’s and dementia. According to legal documents, she was sexually assaulted multiple times at Windsor Healthcare Center of Oakland. Her son, Robert, admitted her to the facility with hopes of ensuring her safety, but he soon discovered that she was far from safe.
Robert was informed of the first assault by a certified nursing assistant (CNA) two days after it occurred. The CNA revealed that the facility’s management was aware of the incident but chose not to inform him. The complaint states that both a CNA and a charge nurse knew about the assault but did nothing to address it.
Repeated Assaults and Neglect
Shockingly, the same assailant managed to attack Cheryl again just days after the first incident. Robert recounted that his mother was beaten and bruised during the second assault. An employee at the facility confirmed that another staff member had witnessed the assault but was discouraged from reporting it.
Legal and Regulatory Actions
Elder abuse attorney Ed Dudensing, representing Cheryl and Robert, stated that they are still in the preliminary stages of their investigation. The lawsuit highlights a pattern of neglect and abuse at Windsor Healthcare Center and other facilities operated by Brius Management Company. In 2018, the Centers for Medicare and Medicaid Services fined the facility for failing to comply with Medicare requirements, causing actual harm to a resident.
Systemic Issues and Understaffing
The complaint points to numerous red flags that should have alerted the corporate defendants to serious problems at their facilities. Brius Management Company has faced multiple civil lawsuits and state regulatory actions due to resident injuries, sexual assaults, felony abuse, and deaths resulting from understaffing and failure to ensure resident safety.
Dudensing emphasized that the lack of staffing and supervision often leads to such incidents. Despite knowing the facility’s troubled history, the defendants continued to admit new residents without increasing staffing levels, hiding these issues from prospective families, including Cheryl’s.
Conclusion
Cheryl was eventually removed from the facility after Robert learned of the second assault. The lawsuit aims to hold Windsor Healthcare Center and its operators accountable for their failures in care and to bring justice to Cheryl and her family.
Sources
- Oakland nursing home faces lawsuit alleging rape, neglect and fraud after ‘hiding problems’, ABC7 San Francisco.
