An assisted living worker has been charged with involuntary manslaughter and elder abuse in the poisoning of three residents who mistakenly were served a cleaning solution instead of cranberry juice.
Alisia Rivera Mendoza is charged with two counts of involuntary manslaughter and three counts of elder abuse in the deaths of two residents at Atria Park of San Mateo, San Mateo, CA — Gertrude Elizabeth Murison Maxwell, 93, and Peter Schroder Jr., 93 — after they drank the cleaning solution last August. Another resident survived.
Maxwell died at the hospital Aug. 29, and Schroder spent 14 days in the hospital before dying Sept. 7.
Mendoza will be arraigned May 12. San Mateo District Attorney Steve Wagstaffe told NBC Bay Area that although she was remorseful and did not purposely intend to serve the solution to the residents, there was evidence of criminal negligence.
A spokeswoman for Atria Senior Living told McKnight’s Senior Living that the company is aware of the charges filed against a former employee and that Atria will continue to cooperate with authorities throughout the process.
“We took immediate action in response to this incident, including reviewing and reinforcing our training and policies on chemical safety,” the spokeswoman said. “As always, we remain focused on the safety, health and wellbeing of all our residents.”
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 for Schroder’s family. She allegedly left the liquid sitting on a counter to address a “disruption” in the dining room. A second employee placed the pitcher on the breakfast serving counter, and a third employee began pouring the red liquid into residents’ glasses.
Schroder’s family filed suit in September against Atria Park of San Mateo and Atria Senior Living, as well as against Jennifer Duenas, community director, and Kris Waluszko, Atria regional vice president. The lawsuit alleges that the community was understaffed and that staff members were not adequately trained.
Maxwell’s family also filed a wrongful death and negligence suit against Atria Management Co., Atria Park of San Mateo, Atria Senior Living, operator WG Hillsdale SH LP and Duenas. That lawsuit also alleges inadequate staffing and training as contributing factors to the incident that led to the residents’ deaths, saying that policies to cut costs and care are “part of their scheme to profit from vulnerable adults.”
Following a similar poisoning death at another Atria community just four days after the poisoning at Atria Park of San Mateo, Contra Costa County prosecutors charged Lateshia Sherise Starling with felony elder abuse. In that incident, Constantine Albert Canoun, a 94-year-old Atria Walnut Creek memory care resident, died after mistakenly drinking an all-purpose cleaning solution he thought was juice.
Atria Park of Walnutr 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.
Canoun was rushed to the hospital on Aug. 23 and died Aug. 31 from injuries to this stomach, esophagus and part of his throat.
