Bottles with toxic labels
(Credit: Adam Gault / Getty Images)

An assisted living worker has been charged with felony elder abuse following the August death of a 94-year-old resident living with dementia who mistakenly drank a cleaning solution.

The complaint against Lateshia Sherise Starling states that she “willfully caused and permitted [Constantine Albert Canoun] to be placed in a situation in which his health was endangered and knew and reasonably should have known that (Mr. Canoun) was an elder and dependent adult,” the Contra Costa County district attorney’s office said Friday.

“We are aware of the criminal complaint against our former employee and will continue to work with the authorities,” Atria Senior Living said in a statement. “This incident has been a tragedy. Our deepest sympathies remain with the resident’s family and all other families and staff affected.”

Canoun, a resident of the memory care unit at Atria Walnut Creek in Walnut Creek, CA, was rushed to John Muir Medical Center Aug. 23 after ingesting an all-purpose cleaning solution while unattended at lunch in the dining room. He died Aug. 31 from injuries to his stomach, esophagus and part of his throat.

Charges were filed by the Contra Costa district attorney’s office Jan. 24 following an investigation by the Walnut Creek Police Department. Starling is expected to be arraigned Feb. 6.

Canoun was one of three Atria residents who died from ingesting substances within the same week at two separate communities.

Atria Walnut Creek initially called Canoun’s death a “negative reaction” to something food-related, but the coroner’s report listed the cause of death as accidental and due to “caustic injury to pharynx, esophagus and stomach … [due to] ingestion of liquid cleaning agent,” according to NBC Bay Area

Lawsuits target understaffing

Peter Schroder, 93, and Gertrude Elizabeth Murison Maxwell, 93, were among three residents at sister community Atria Park of San Mateo in San Mateo, CA, who mistakenly were served a clearing fluid instead of juice Aug. 27. Maxwell died at the hospital Aug. 29, and Schroder spent 14 days in the hospital before dying Sept. 7. 

Schroder’s family filed a wrongful death lawsuit Sept. 16 against Atria Park of San Mateo and Atria, as well as against Jennifer Duenas, community director, and Kris Waluszko, Atria regional vice president. The suit alleges that the community was understaffed and that staff members were not adequately trained.

According to the lawsuit, video from the community shows a Atria Park of San Mateo kitchen employee pouring a “heavy duty bathroom cleaner and disinfectant” into a smaller jug. The employee allegedly left the liquid sitting on a counter to address a “disruption” in the dining room due to inadequate staffing. A second employee placed the pitcher on the breakfast serving counter, and a third employee began pouring the red liquid into residents’ glasses. 

Maxwell’s family also filed a wrongful death and negligence suit Sept. 29 against Atria Management Co., Atria Park of San Mateo, Atria Senior Living, operator WG Hillsdale SH LP and Duenas.

That lawsuit also alleges inadequate staffing and training as contributing factors to the incident that led to Maxwell’s death, saying that policies to cut costs and care are “part of their scheme to profit from vulnerable adults.”