Lawsuit filed against Sun Prairie assisted living facility in resident’s death

April 26--The four children of an 84-year-old woman found dead outside a Sun Prairie assisted living center in December filed a lawsuit Thursday against the facility, alleging negligence, wrongful death and loss of companionship, and seeking punitive damages.

Alice McGaw, who had dementia, was discovered outside Faith Gardens on the morning of Dec. 29, when the temperature was below 10 degrees. Hypothermia was a likely contributor, officials said.

In January, the state Department of Health Services ordered the facility to stop taking new residents and issued four citations and a $4,200 fine. The order was lifted in February after the facility paid a discounted fine.

Faith Gardens received four additional citations in February and March, and a $650 fine, for not having appropriate fall-prevention plans for two residents, including one who fell and later died, and false documentation of residents at risk of escaping, among other problems.

In the state's investigation of McGaw's death, inspectors said Faith Gardens failed to use a front-door alarm, left an inside door propped open and didn't check often enough on McGaw, who had frequently tried to leave the facility.

On Dec. 29, a worker saw McGaw sleeping at 4 a.m. but didn't see her in her room at 6 a.m., inspectors said. McGaw was found dead outside a few hours later.

According to the lawsuit, filed on behalf of McGaw's children in Dane County Circuit Court by Madison attorney Matthew Boller, McGaw left the facility without her walker, wearing only pajamas and socks.

She tripped on a parking lot curb and crawled on her hands and knees "a significant distance" before falling to the ground, curling up and freezing to death, the lawsuit says.

The lone night worker brought at least one of her children to work during her shift, the lawsuit says.

Those details are based on an independent investigation, Boller said.

The lawsuit, filed by Kimberly Nelson, one of McGaw's children, also names three other children: Denise Meier, Mitch McGaw and Leslea Lechten. It also names the Centers for Medicare and Medicaid Services, which may have paid for services to McGaw through Medicare, as a plaintiff.

Defendants are Faith Gardens and its owners, including agents David Baehr, Rachel Baehr and Steven Bartklett, along with its insurance companies.

In a statement, Rachel Baehr said Faith Gardens continues to work on its state-approved plan to correct its violations. "Our number one priority continues to be the health, safety and welfare of our residents and additional training of our staff," she said.

Boller, who said he's working on other cases involving residents at Faith Gardens, called the McGaw case sad and tragic. "It was so awfully predictable and easily preventable," he said.

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