A lawsuit filed by “Jane Doe” through her guardian Carol Smith names Assisted Living by Hillcrest LLC and West Bend Mutual Insurance as defendants for allegedly failing to protect Doe — a resident with Down Syndrome and Alzheimer’s — from sexual assault by a male resident in April.
Doe has since been moved to another facility.
The lawsuit alleges Caraton Commons’ owner, Assisted Living by Hillcrest, knew of the male resident’s history of sexually inappropriate behavior at another facility, The Fox News affiliate in Green Bay, WS reported.
“Hillcrest is accused of doing nothing to control the man’s behavior or protect other residents, except to move the man to another building,” according to the outlet.
Workers at the De Pere assisted living community allegedly knew of the assault, but did not report it to law enforcement. The 57-year-old resident’s guardian said she learned of the assault after a visiting social worker noticed that Doe appeared to be in emotional distress. Doe had physical injuries as well.
“When a person is suffering from an illness like Alzheimer’s, where it impairs verbal ability, that person is suffering in silence,” Lester Pines, the woman’s attorney, reportedly told The Green Bay Press Gazette Tuesday. “A person who can’t verbalize has to deal with that internally forever. That’s a big deal and it’s horrible.”
According to the Fox News affiliate, the company issued the following statement: Assisted Living By Hillcrest LLC (ALBH) takes any allegations regarding residents’ care very seriously. With regard to this alleged incident in April, 2021, ALBH notified the State regarding these allegations and fully cooperated with its review. While ALBH was only recently served with the civil complaint filed by attorney Lester Pines, it has tendered the defense to its insurance company, and is awaiting their handling of the case. ALBH is committed to providing a safe and caring environment for its residents, and will respond to all allegations through the appropriate channels.”
