An assisted living community at the center of accidental poisonings that resulted in the deaths of three residents is fighting California’s move to revoke the community’s license over the incidents.
Atria Park of San Mateo said it disagrees with the Community Care Licensing Division of California Department of Social Services’ decision to revoke its license. A spokeswoman told McKnight’s Senior Living that the company has filed a notice to appeal the decision.
“We are in discussions with the department about resolution of that appeal,” the spokeswoman said. “During this process, Atria Park of San Mateo will remain open, and our employees continue to be focused on providing a safe and welcoming environment for all our residents.
“This incident has been a tragedy. It is in no way indicative of the quality care our staff provide each and every day,” the spokeswoman said. “We remain deeply saddened by the deaths of our residents, and our hearts are with their families and loved ones.”
The California Department of Social Services website shows revocation of Atria Park of San Mateo’s license is pending as of March 7. The community’s appeal of the decision may result in revocation, probation or dismissal by a judge. In the meantime, the community can remain open and operating.
Atria Park of San Mateo was cited Feb. 2 for violating state codes regarding safe accommodations for staff, not properly storing disinfectants and cleaning solutions separate from food supplies, and not providing sufficient staffing to meet resident needs.
Former employee Alisia Rivera Mendoza was charged with two counts of involuntary manslaughter and three counts of elder abuse in the deaths of two residents — Gertrude Elizabeth Murison Maxwell, 93, and Peter Schroder Jr., 93 — after they mistakenly were served a cleaning solution instead of cranberry juice. Another resident survived but was transferred to a higher level of care following the incident.
Mendoza was seen on kitchen surveillance video pouring a “heavy duty bathroom cleaner and disinfectant” into a smaller jug, according to a wrongful death lawsuit filed by Schroder’s family. She allegedly left the liquid sitting on a counter to address a “disruption” in the dining room when a second employee placed the pitcher on the breakfast serving counter. A third employee began pouring the red liquid into residents’ glasses.
Maxwell’s family also filed a wrongful death and negligence suit against the company and executives, alleging inadequate staffing and training as contributing factors to the incident that led to the residents’ deaths.
The most recent publicly available state evaluation report, dated April 14, reveals that the manager on duty told the San Mateo Consolidated Fire Department chief that a resident “went into the kitchen and poured glasses of the dishwashing detergent / chemicals and gave them to other residents to drink.” After a call to poison control by the manager and the fire department to inquire about the ingestion of the substance, all three residents were transported to the hospital.
The state subsequently issued a $30,000 civil penalty — $15,000 for the death of each resident — for “serious bodily injury.” An additional $10,000 penalty — less a $500 civil penalty levied in February — for serious bodily injuries resulting in hospitalization and a higher level of care also was issued.
A similar poisoning death at Atria Walnut Creek just four days after the poisonings at Atria Park of San Mateo led to felony elder abuse charges against former caregiver Lateshia Sherise Starling. In that case, Constantine Albert Canoun, a 94-year-old memory care resident, died after mistakenly drinking an all-purpose cleaning solution he thought was juice.
Atria Park of Walnut Creek initially called Canoun’s death a “negative reaction” to something food-related. His family told local media, however, that they believe that their father, who had dementia, drank cleaning fluid while unattended at lunch in the dining room.
