Nursing home in Oakland allegedly drugged residents to stop him from wandering; death occurred soon after
![Nursing home in Oakland allegedly drugged residents to stop him from wandering; death occurred soon after Nursing home in Oakland allegedly drugged residents to stop him from wandering; death occurred soon after](https://www.mercurynews.com/wp-content/uploads/2020/01/20160824__cct-oakwoman-0824-111-1-122-4-1-2-1.jpg?w=645&h=430)
Alando Williams, who for years sold the Street Spirit newspaper in front of the Berkeley Bowl supermarket on Oregon Street, was admitted to the Brookdale Wellness nursing home in Oakland in December 2022. Less than a month later, he died at the age of 64.
Now his daughter is suing the Fruitvale Avenue facility and its owners, claiming that the drugs used to keep Williams from wandering contributed to his death.
The Berkeley native suffered from leukemia and mild cognitive impairment and needed help with daily living and fall prevention, according to the lawsuit filed by his daughter, Kyomi Williams, in Alameda County Superior Court late last month.
Brookdale staff knew Williams had a “tendency to wander” and said he wanted to leave the facility, according to the lawsuit against the facility and its owner, Shlomo Rechnitz. Five days after he was admitted, Williams left the building, the lawsuit says. His daughter was called and found him in a nearby crosswalk, according to the lawsuit.
Rechnitz, who owns numerous nursing homes in California, could not immediately be reached for comment.
Instead of developing a plan to prevent Williams from wandering off and keeping him from falling, Brookdale staff began giving him the sedative Ativan and the powerful painkiller morphine to keep him “like a prisoner in need of chemical restraints,” according to the lawsuit.
The facility’s staff – allegedly overworked and undertrained to keep costs low and profits high – routinely administered morphine and Ativan to Williams without consulting his doctor, as required by state regulations, the lawsuit says. The overdose of the drugs caused complications such as disorientation, confusion, loss of balance and a tendency to fall, the lawsuit says.
Although the facility knew Williams was at significant risk of a life-threatening fall, it failed to create an effective prevention plan and he died a few days after the fall, the lawsuit says.
“As a result of these failures, Mr. Williams suffered untold pain and suffering and ultimately died,” the lawsuit states.
The death certificate lists leukemia and cardiac arrest as the cause of death. But his daughter’s lawyer, Ed Dudensing, said that if the case goes to trial, a doctor specializing in geriatric care will testify that the administration of morphine and Ativan was “a significant factor in death.”
Attempts to reach Rechnitz by phone, message or request to an attorney who represented one of his companies were unsuccessful. According to a 2021 CalMatters investigation, Rechnitz has purchased 81 nursing homes in California since 2006. His facilities, including Brius Healthcare, which is named along with Windsor Healthcare as Brookdale’s parent companies, have spotty regulatory records.
A 2018 report by the California State Auditor on nursing homes said Brius “received more citations and reprimands from the state than the rest of the industry.”
This year, Robert Barbendel, a resident of the Cupertino Healthcare & Wellness Center, filed a lawsuit accusing Rechnitz of understaffing the facility and 13 other California nursing homes he owned, including three in the Bay Area, to boost profits. The suit was settled last year on undisclosed terms.
The Medicare system gives Brookdale an overall rating of four out of five stars, including four stars for health inspections and quality measures and three stars for staffing. The amount of time that nurses and nursing assistants spend with residents is slightly higher than the national average, but the amount of time that registered nurses — those with the highest qualifications — spend is considerably less. Turnover of registered nurses and administrative staff was much higher than the national average.
The facility’s most recent inspection report by the Centers for Medicare & Medicaid Services in August 2023 found that Brookdale lacked consultation services from a licensed pharmacist, resulting in a “continued occurrence of high medication error rates.”