The owner of an Iowa assisted living and memory care community says the company will “vigorously” defend itself in a wrongful termination lawsuit from a former resident assistant who alleges she was fired for blowing the whistle on poor resident care.
Denise Brooks, hired in 2018, is suing Windsor Manor in Indianola, IA, Executive Director Lyuba Vitale and Springfield, MO-based owner Foster Senior Living, according to the Iowa Capitol Dispatch.
Foster Senior Living President John Foster told McKnight’s Senior Living that the organization does not comment on ongoing litigation but said “we look forward to vigorously defending against these allegations.”
According to the media outlet, Brooks’ lawsuit alleges that she was disciplined after a 2019 staff meeting for speaking up about prescribed activities for residents — including exercise, movie nights, showers and meal service — that were not being offered, despite workers signing documents indicating that the activities had been completed.
Brooks alleges in the lawsuit that the community’s executive director and director of nursing at the time falsified documents stating the community was providing services for Medicaid reimbursement. She also alleges that some residents were improperly assigned to assisted living although their medical needs exceeded that level of care.
She also listed several resident injuries — including one resident who had an unexplained fall with a head injury and later died — in citing a lack of adequate care and oversight in the community by staff members, according to the media outlet.
According to the lawsuit, Brooks called the Iowa Department of Human Services hotline on Nov. 13, 2019, to report resident abuse and neglect. She later reported those concerns to the Iowa Department of Inspections and Appeals, which oversees the state’s long-term care facilities.
She alleges that she was fired in retaliation for voicing her concerns. In court filings, according to the media outlet, the community denied wrongdoing and stated that Brooks was disciplined after the October 2019 staff meeting for “unprofessional conduct.”
A trial is scheduled for Nov. 28, 2023.
