Constantine Canoun Died In Walnut Creek Atria Senior Living facility After Being Served Cleaning Fluid Just Days After Trudy Maxwell Died After Being Served Dishwashing Liquid At San Mateo Atria Senior Living Facility
WALNUT CREEK, CALIFORNIA (September 5, 2022) – Two Bay Area Atria senior living facility residents identified as Constantine Canoun and Trudy Maxwell died after being served cleaning fluid.
Bay area officials are saying that Constantine Canoun suffered a reaction on August 23 and died on Wednesday. The victim’s son said that an Atria senior living facility worker showed him cleaning fluid his dad drank.
However, management for the company has since denied that allegation and said Constantine Canoun ate Hot Cheetos before being hospitalized. The son said that medical records indicated burns to the victim’s stomach and esophagus.
This tragedy comes just days after Trudy Maxwell died after being mistakenly served dishwashing liquid at a San Mateo Atria senior living facility. Two other residents were hospitalized in the incident.
Several employees were suspended pending the outcome of an investigation. A full investigation into the death of Trudy Maxwell remains ongoing at this time.
There have been at least six complaints against the Walnut Creek Atria senior living facility since 2018.
Liability For Bay Area Nursing Home Deaths
Abuse within long term care facilities is much more common than many people realize. According to the World Health Organization, “Abuse of older people is an important public health problem. A 2017 review of 52 studies in 28 countries from diverse regions estimated that over the past year 1 in 6 people (15.7%) aged 60 years and older were subjected to some form of abuse (1).” Nearly 2 out of 3 nursing home staff have reported that they committed abuse in the past year. Abuse can come in many different forms including:
- Psychological abuse
- Physical abuse
- Financial abuse
- Neglect
- Sexual abuse
There are many factors that can potentially lead to instances of nursing home neglect or abuse. Staff can be poorly trained and underpaid. Nursing homes may lack adequate staff to properly care for all residents. In many circumstances, understaffed nursing homes may ask workers to perform tasks that they were not trained for. Running a nursing home can be difficult. It is common for management to cut back on care in order to save money.
All nursing homes have a legal obligation to maintain their premises in a reasonably safe condition. Pursuant to California Civil Code 1714, everyone is responsible not only for willful acts but also for the lack of adequate care in the upkeep or maintenance of their property. One of the ways that nursing homes try to save money is by buying industrial cleaners in bulk and putting them in containers they were not designed for – e.g., juice or soda bottles. These cleaners can look like juice which could easily lead to an accidental poisoning.
If a nursing home employee accidentally served a resident a chemical which injured them, this could form the basis of a civil claim. In general, companies are liable for the wrongful actions of their employees – insofar as those employees were working within the course and scope of their job duties. For example, a nursing home employee could have been caring for residents when an accidental poisoning occured. There are many steps that should be taken after any death or injury due to poisoning at a long term care facility.
- Surveillance footage should be sought.
- Medical records should be examined.
- Prior complaints to the California Social Services Department should be reviewed.
- An independent autopsy may need to be performed.
- A thorough, independent investigation should be conducted.
The family of any person that died at a nursing home may have legal recourse through a wrongful death claim. Damages in a civil claim can help cover lost wages, medical bills, funeral expenses and pain and suffering. However, nursing homes will often fight hard to deny any liability for any death in their care. Any serious accident or willful and wanton conduct by a nursing home could lead to their state license being suspended. A nursing home abuse lawyer can examine all of the unique facts of your case and get to the bottom of what lead to any injury or death.
Investigating A Bay Area Nursing Home Death
We at TorkLaw extend our deepest condolences to the family of Constantine Canoun and Trudy Maxwell. Any person that may have more information about what happened should reach out to the California Social Services Department. It is our sincere hope that steps are taken to help prevent additional tragedies like this. The California Social Services Department should consider any and all options that it has to keep long term care residents safe as an investigation into these two deaths remains ongoing.
Have you or someone that you love been harmed while staying at an Atria senior living facility? There are a number of laws designed to protect your rights. Our team of elder care advocates are here to answer any legal questions that you may have. We care deeply that nursing home residents are being treated with the dignity, respect and care that they deserve. Whether you just have legal questions or need a free, independent investigation into a particular incident we are here for you. You can reach out to us anytime at (888) 441-4991.
