The man’s mother suffers from dementia, and he is suing the assisted living home for failing to protect her from a “dangerous” resident who sexually assaulted her twice, with the staff allegedly treating the attacks as voluntary.
The woman’s son, Ryan Harney, filed a complaint on her behalf, claiming that his mother can’t grant permission because of her “diminished mental capacity” and that she needs full-time help at Brookdale Senior Living Foundation in Federal Way, Washington.
According to a complaint dated Sept. 16, the woman is unable to walk and uses a wheelchair. She was hurt at another health care facility.
According to a complaint dated September 16, the first incident of sexual assault at Brookdale was caught on surveillance film. It showed a male resident dragging a woman into the room of another resident and attacking her on May 13, 2023.
The 81-year-old “seemed to be ‘enjoying’ herself during the sexual assault,” according to the complaint, which was lodged by personnel at Brookdale to the Washington Department of Social and Health Services after reviewing the film.
According to the DSHS investigation, the facility director allegedly told them, “the event was caught on video and proves the incident was mutual and not forced by either resident.”
In response, the male resident was allegedly placed on individual observation at Brookdale, as detailed in the complaint.
Nevertheless, the complaint states that a few days later, on May 19, 2023, he was permitted by the facility’s staff to sexually abuse her once more.
The tenant allegedly abused the woman again after wheeling her into another room, just like in the first incident.
The complaint states that Brookdale reiterated her previous statement that she “consented” after examining the incident.
Brookdale is facing allegations of sex and disability discrimination, neglect, and abuse against a vulnerable adult, according to Harney’s lawsuit.
According to the lawsuit, the resident’s disability played a significant role in the sexual abuse she suffered, which was permitted by Brookdale.
After his mother’s cognitive impairment rendered her unable to care for herself alone, Harney informed the Federal Way Mirror that she was transferred to a memory care facility.
According to the Federal Way Mirror, he claims that the staff at Brookdale were aware of her low cognitive level when they asserted her agreement to the sexual assaults. He compares her cognitive abilities to that of a toddler.
He is suing for his mother’s death and wants a jury trial and damages, both general and special.