Nursing Home With Most COVID-19 Deaths in Oregon Faces $1.8 Million Lawsuit

The first case against Health Care at Foster Creek alleges the staff lied to families about safety practices and failed to keep people safe.

Heathcare at Foster Creek. (Wesley Lapointe)
By Rachel Monahan

A $1.8 million lawsuit is being filed today in Multnomah County Circuit Court against the Oregon nursing home with nearly 30 COVID-19-related deaths.

It's the first suit filed against Healthcare at Foster Creek, and it alleges that negligence and elder abuse led to the death of a resident from complications of COVID-19.

As of May 10, 119 residents and staff of Foster Creek had contracted COVID-19, and 29 have died. (Foster Creek can serve up to 114 residents.) No other senior care facility in the state has seen as many cases or deaths.

Angela Brown is suing on behalf of her mother, Judith Joy Jones, 75, who died May 5 "from complications of the COVID-19 virus that she contracted due to Foster Creek's gross negligence," according to the lawsuit, which was filed against both St. Jude Operating Company, the nursing home owner, and Benicia Senior Living, the company that managed operations.

"Defendants downplayed the COVID-19 risk, lied about its safety practices, and failed to share crucial information about the dangerous conditions at Foster Creek and the spread of COVID-19," the lawsuit filed by attorney Bonnie Richardson, at the firm Richardson Wright, alleges.

The state found the problems at Foster Creek egregious enough first to forbid new admissions on April 15 and it then shut down the facility on May 5. The violations included staff failing to wash hands and use or change protective equipment as well as staff working across different units at the facility despite safety guidance that such practices might spread the disease.

The lawsuit says that Brown tried to get information on whether her mother was safe and received "false" information:

"When Ms. Jones's daughter asked Foster Creek administrators and staff questions about safety precautions, her mother's safety and the [Enhanced Care Unit, where Jones lived], and was reassured that all was well," the complaint states. "For example, on April 13, 2020, she asked Foster Creek administrator if Foster Creek was sharing employees between units, and was told 'No. We're isolating employees.' That was a false statement, as proven by the State's investigations."

A representative of Healthcare at Foster Creek could not immediately be reached for comment.

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