ADA Class Action Says Brookdale Senior Living Residents are at ‘Substantial Risk’

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A disturbing proposed class action has been brought against Brookdale Senior Living, Inc. and Brookdale Senior Living Communities, Inc.—together the largest provider of assisted living in the country—by four plaintiffs, through their legal guardians, who allege the companies operate “a system of understaffed assisted living facilities that [fail] to consistently provide even the most basic level of promised care.” The lawsuit is believed to be the first of its kind to be brought against an assisted living facility under the Americans with Disabilities Act (ADA).

The 81-page complaint claims the defendants’ policies, practices and procedures are simply not adequate enough for individuals with disabilities to have full and equal access to the accommodations at Brookdale’s facilities. At its core, the case argues Brookdale, rather than providing what’s been promised to residents, instead runs a scheme to defraud seniors, individuals with disabilities, and their families. To accomplish this, the case alleges Brookdale issues misrepresentations and misleading statements to prospective residents and their families while concealing key facts about the “quality and availability of care” at its facilities.

“Reasonable consumers are misled to believe, and reasonably expect, that Brookdale determines each resident’s needs and staffs each facility accordingly to delivery personalized care to meet those needs,” the lawsuit reads. “Instead, Brookdale systematically understaffs its facilities, cuts caregiver hours, and fails to train workers, all to boost its profitability, while the residents in Brookdale’s care are forced to endure increasingly expensive monthly charges and worsening care.”

It's worth noting the allegations described in this lawsuit echo those presented in a class action filed against Brookdale back in April that also claimed residents were being sold a bill of goods quite different to what they were promised—and from what they need to live comfortably.