Why was a Petaluma memory care facility hit with a $20 million judgment? Here are 5 key findings

A special report by The Press Democrat has revealed that a Petaluma memory care facility was hit a $20.5 million judgment in a civil lawsuit that accused the facility of elder neglect and wrongful death. Here are five key findings from the story, which can be read in full here.

Who filed the lawsuit?

The Sebastopol family of Theresa Donahue, a New Jersey native who moved to Sonoma County around 2015. A struggle with dementia in her final years triggered a family decision to place her at MuirWoods Memory Care, a move that hastened her physical and mental decline, said Donahue’s daughter, Kellie Tennier of Sebastopol.

What is the family alleging?

Within the span of just over two months, Donahue fell four times. The last two falls were only two days apart. She fractured her hip as a result of the final fall on March 20, 2021. Her condition deteriorated quickly, and she died less than a year later, according to the family lawsuit.

How is MBK Senior Living responding?

At the outset of the trial, the company’s overarching defense was that Donahue was in poor condition and likely to have died even with the best care. MBK Senior Living also says its policies and training regimen align with state and federal guidelines. “At MBK Senior Living, the well-being of all residents in our care remains at the forefront of what we do,” the company wrote in a statement. “Our care policies come from deep industry-experience, are developed in partnership with experts in the senior living, nursing and medical fields, and are reviewed by our national medical director. Our staff receive ongoing and regular training, including in direct care, as well as fall response and management.”

When did the judgment come down?

In April, a jury awarded Donahue’s family $20.5 million, including $17 million in punitive damages, among the largest Sonoma County judgments in decades. MuirWoods Memory Care, MBK Senior Living and associated business entities were found liable for negligence and elder neglect, according to a May 5 court order detailing the jury verdicts. Attorneys for MBK Senior Living, the owner of the facility, petitioned Sonoma County Superior Court Judge Oscar Pardo to order a new trial. Pardo rejected that motion July 25. MBK Senior Living says it is “reviewing that decision.”

Is there a larger lesson from this case?

Elder care advocates say the accusations of poor care and neglect at MuirWoods are not uncommon at assisted living facilities. They also say these problems are most pronounced at facilities owned and operated by large financial interests such as real estate and private equity firms.

Unlike skilled nursing homes, assisted living centers are not considered medical facilities and are not regulated as such. Advocates say that as a result, some owners treat them as cash cows with little meaningful government oversight.

“There’s no real standard for staffing in the facilities, and that’s a big problem,” said Tony Chicotel, a staff attorney at California Advocates for Nursing Home Reform.

You can reach Phil Barber at 707-521-5263 or phil.barber@pressdemocrat.com. On X (Twitter) @Skinny_Post.

You can reach Staff Writer Martin Espinoza at 707-521-5213 or martin.espinoza@pressdemocrat.com. On X (Twitter) @pressreno.