Problem Solvers: Daughter of former memory care resident sues facility and owners
Matthew Draxton
BEND, Ore. (KTVZ) — A Bend woman is taking legal action against the operators of Desert Sage Memory Care after her 90-year-old mother, Doris, suffered second-degree burns and a high fever when she was allegedly left unattended in a courtyard during a high temperatures.
Nancy Kerrigan claims the facility was negligent in its care of her mother, who was hospitalized with a temperature of 101 degrees following the incident. The $3 million lawsuit names the facility’s operators and owners, including Avamere and Areté Living.
The facility previously operated under the name Aspen Ridge Memory Care. In 2024, resident Celia Hess died after suffering a heat stroke when she was left outside in temperatures nearing 100 degrees. KTVZ News started a 3-part investigation when Celia Hess died, speaking to former employees of the facility, as well as family members of former patients, and the long term care ombudsman. Attorney Jason Kafoury is representing the families in both cases. The family of Hess is suing for $17 million.
“The precursor to her being in the hospital and dying was their negligence,” Kerrigan said, referring to the similarities between her mother’s experience and the death of Hess.
The legal action comes amid broader allegations of understaffing and a focus on corporate profits over resident safety at the facility. Families and their legal representation claim, among others, that the facility lacks proper high-temperature weather policies and failed to provide adequate supervision for vulnerable residents.
Kerrigan said the incident occurred on a day when temperatures in central Oregon reached more than 90 degrees. While residents were expected to be kept cool indoors, Kerrigan said her mother was left unattended in an outdoor courtyard. According to Kerrigan, the heat was so intense that her mother’s nylon pants burned a waffle pattern into her legs.
Kerrigan, the daughter of the affected resident, recalled finding her mother in distress. “My mom was found out in the courtyard… she had fallen,” Kerrigan said. “She was unattended, she had second degree burns, she had a temperature of 101 when they got her in the hospital… she was just laying there screaming in pain.”
Kerrigan said the facility’s management initially attempted to downplay the role of the heat, focusing instead on the fall. She said a staff member described Hess’s previous heat-related issues as “fake news” and suggested the facility would sue the state.
“I was appalled that they couldn’t even bring themselves to say, ‘We’re sorry this happened to Doris,’ and here’s what we’re changing so it never happens again,” Kerrigan said.
Kafoury, an attorney representing Kerrigan, said internal whistleblowers have described a pattern where staffing levels at the facility only increased when state regulators were present. He attributed the safety issues to the business model of large health care corporations.
“This is another tragic example of a memory care facility owned by a big, huge national corporation that put profits in front of patient safety,” Kafoury said. He added the consolidation of these companies is a big problem right now saying it “leads to cost-cutting and the sad result is people are suffering.”
The lawsuit claims Desert Sage was negligent for allowing courtyard use during extremely high temperatures and failing to monitor the area. Other allegations include insufficient staffing, a lack of shade or seating and the absence of a high-temperature weather policy.
Kerrigan also raised concerns about the facility’s “hospice first” mentality. She said staff asked her four times to have her mother evaluated for hospice care and told her that physical therapy for residents was a “waste of time and money.”
She also alleged the facility used medication to manage behaviors related to Alzheimer’s disease without informing her. Kerrigan said, “I the found out that they had went though her primary care doctor and basically reported to him that she was having a lot of agitation…the symptoms — exit seeking and trying to find a relative — those are normal Alzheimers behaviors.” She added that rather than redirecting her by using techniques that memory care facility should have, they instead would choose to medicate.
“This isn’t traditional health care, it’s a business, with owners and shareholders who need to produce profits,” Kerrigan said.
Following the incident, Kerrigan moved her mother to a different memory care home. She said the new facility provides more staff and activities, resulting in a significant improvement in her mother’s health and disposition.
“She’s gained weight, she’s eating, she’s where the action is,” Kerrigan said. “The care providers are fantastic. She’s engaged physically and mentally and her full personality is back.”
Kerrigan said she previously did not believe in lawsuits but now feels litigation is the only way to protect her mother and advocate for others. “I would like to get justice for my mother. She suffered a lot of things during the time that the new management came in,” Kerrigan said.
Attorney Kafoury emphasized that the legal action is intended to send a message to the industry. “The big takeaway from these cases is that if you’re going to take someone’s money and promise to take care of their elderly family member and you don’t do that, you’re going to be held accountable — in a public way,” Kafoury said.
Kerrigan hopes for accountability, not just for her mother but for all those who don’t have advocates or who cannot advocate for themselves. “We need to give them the best quality of life…if you think there is abuse or neglect, contact Adult Protective Services,” said Kerrigan. She added, “if it doesn’t seem right and you don’t get an answer, don’t be afraid to call. I was afraid to call…I didn’t want to be that relative.”
Kerrigan repeatedly expressed gratitude for the hardworking caretakers at Desert Sage Memory Care and the current facility her mother is housed at. However, she does emphasize the need for higher standards of care and better managerial support for the caretakers.
Owners and operators Avamere and Arete Living did not respond to requests for comment regarding the lawsuit. Kerrigan encouraged other families to contact Adult Protective Services if they suspect neglect in long-term care facilities.
