A nursing home in East Oakland is under fire as a lawsuit has been filed 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
- Location: Windsor Healthcare Center of Oakland, East Oakland, California
- Victim: 79-year-old woman with Alzheimer’s and dementia
- Allegations: Rape, elder neglect, and fraud
- Legal Representation: Ed Dudensing, elder abuse attorney
- Operator: Brius Management Company
Allegations and Initial Incident
The lawsuit claims that the elderly woman, referred to as Cheryl Doe, was sexually assaulted multiple times by another resident at the facility. Her son, Robert, admitted her to the nursing home with hopes of ensuring her safety. However, he was informed of the first assault by a certified nursing assistant (CNA) two days after it occurred, not by the facility’s management.
Robert alleges that the facility’s staff, including a CNA and a charge nurse, were aware of the assault but did nothing to prevent it. The complaint states that the facility initially denied the incident but later acknowledged that an employee had witnessed it.
Subsequent Assaults and Injuries
According to the lawsuit, the same resident was able to re-enter Cheryl’s room and assault her again. Robert claims that his mother was beaten, resulting in bruises and scrapes. Legal documents indicate that signs of the assault were noted on Cheryl’s medical chart days later.
An employee at the facility confirmed that a colleague had walked in on the assault and that other employees attempted to cover it up. This employee encouraged the colleague to inform Robert about the incident.
Facility’s History and Legal Actions
Windsor Healthcare Center of Oakland is part of a chain of skilled-nursing facilities operated by Brius Management Company. The facility has a history of care failures, including resident-on-resident abuse and other forms of neglect. In 2018, it was fined by the Centers for Medicare and Medicaid Services for non-compliance with Medicare requirements, which resulted in actual harm to a resident.
Elder abuse attorney Ed Dudensing, representing Cheryl and Robert, stated that the facility’s issues are often due to inadequate staffing and supervision. The lawsuit claims that the corporate defendants were aware of the problems but continued to admit new residents without addressing the staffing issues.
Conclusion
Cheryl was removed from the facility after Robert learned of the second alleged assault. The lawsuit aims to hold the nursing home and its operators accountable for their actions and to bring attention to the broader issues of neglect and abuse in nursing homes.
For more stories and updates, visit ABC7 News I-Team.
Sources
- Oakland nursing home faces lawsuit alleging rape, neglect and fraud after ‘hiding problems’, ABC7 San Francisco.
