Brookdale Senior Living Sued for Chronic Understaffing
One of the largest nursing home conglomerates in the United States is under fire for its alleged intention to consistently employ fewer staff than required for the purposes of maximizing profit. Brookdale Senior Living, which operates 356 long-term care communities, leases 307 more, and manages an additional 77, has been confronted with a class action lawsuit alleging that “purposeful chronically insufficient staffing” has occurred from at least April 24, 2016 until the present, resulting in inadequate care for residents at Brookdale facilities.
The lawsuit claims that Brookdale locations dishonestly represented their services, misleading families who believed that the facilities were equipped to provide basic daily care to residents. In addition, some plaintiffs allege that they did not receive the care and services for which they paid as part of their interactions with Brookdale facilities. In total, four assertions make up the body of the class action lawsuit filed against the nursing home giant.
Why Does Brookdale’s Staffing Levels Matter?
Our assisted living facility negligence attorneys understand that staffing levels translate to care levels. If a facility is understaffed, preventable mistakes like resident falls, elopement, wandering, medication errors and bedsores occur. These injuries are a byproduct of the lack of staff in the building. If there are not enough hands to help and eyes to watch, vulnerable and confused residents will inevitably get hurt.
If your loved one was injured or died inside a Brookdale facility, and you suspect negligence was a potential cause, contact Senior Justice Law Firm. Our lawyers have extensive experience successfully handling Brookdale lawsuits and we work on contingency fee, so there are no fees or costs unless we win your case.
Call us now to begin the conversation at 888-375-9998, or live chat with us using the chat feature below.
Allegations in the Lawsuit Against Brookdale Allege Deliberate Understaffing and Intentional Misrepresentations
The first—and potentially the most critical—claim is that Brookdale’s 300+ communities sustained their long-term financial performance and consistent profit by intentionally understaffing. That is, these senior communities purposefully employed fewer people than was necessary to provide adequate care for residents in order to avoid paying more employees—which resulted in fewer expenditures and increased profit.
The second claim states that Brookdale knew that such behavior was unacceptable and that it would result in negative financial consequences for the facilities. As a result, the conglomerate attempted to conceal this practice in an effort to continue its financial plan.
Third, the complaint alleges that as a company, Brookdale’s financial progress is unsustainable. Because these profits were achieved using methods for which Brookdale is legally liable if proven to be true, continued profit as a result of these means is not to be expected by shareholders.
Thus, the fourth aspect of the claim concludes that because Brookdale was aware of and intentional in its actions regarding the first three assertions, the public statements issued by the nursing home conglomerate were both false and misleading. For this, Brookdale can be held accountable to its shareholders and others who had a vested financial interest in the continued profit of the company. Upon the revelation of this news, the stock price for Brookdale fell more than 15%.
Further Details on Brookdale’s Understaffing Claims
The class action lawsuit against Brookdale Senior Living is directed at a number of individuals: Lucinda Baier, the current CEO and president of the company as well as former CEO and President T. Andrew Smith. Additionally included are Executive Vice President and CFO Steven Swain and a number of board members, including Guy Sansone, Frank Bumstead, Denise Warren, and Lee Wielansky. The U.S. District Court for the Middle District of Tennessee is currently handling the case.
The proposed class action suit is currently seeking damages on behalf of the residents affected by the inadequate care resulting from Brookdale’s chronic understaffing. However, the suit also calls for a permanent end to the “unlawful and fraudulent” practices of the nursing home giant. As of late 2020, the case (entitled Davis v. Baier et al) is awaiting a case management conference to take place on January 14, 2021 before Magistrate Judge Jeffery S. Frensley.
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