State moves to pull license of Walnut Creek care home where resident died after drinking cleaner

Two residents at Peninsula home also owned by Atria died in same month

By Rick Hurd

WALNUT CREEK — Authorities are seeking to revoke the license of an East Bay senior-care home where a resident died after drinking cleaning liquid — after two residents died in similar fashion at a Peninsula home owned by the same company.

The Atria Walnut Creek home on Montego may lose its permission to operate following a filing by the state’s Department of Social Services. The DSS filed the legal action against the home, owned by Kentucky-based Atria Senior Living, on April 27.

Constantine Canoun, 94, died in August 2022, eight days after he mistakenly drank EcoLab 14 Plus Antibacterial All Purpose Cleaner. A coroner’s report found that he died of injuries consistent with drinking a caustic cleaning agent; authorities said the man got the liquid because a facility employee failed to supervise him properly.

The agency already had filed a legal action to pull the license of Atria Park of San Mateo. Two residents in their 90s died and another was injured at that facility — also in August 2022 — after they were mistakenly served industrial-grade dishwater liquid.

Both facilities are challenging the revocations. They are legally allowed to remain open while pursuing the appeals.

“We disagree with the Department of Social Services’ decision and have filed a notice of contest to appeal that decision,” the company said in a statement. “We are committed to working with them to reach a resolution of that appeal.  Atria Walnut Creek will remain open during this process. Our employees remain focused on providing a safe and welcoming environment for all our residents.”

A judge will hear the facilities’ challenges and could allow the revocation to stand, order that the facilities go on a probationary period, or order their licenses restored in full, according to DSS spokesperson Jason Montiel.

The DSS, in a report dated April 18, said video showed Canoun wandered into the dining room facility after staff failed to lock the doors to the kitchen. He later told a staffer he’d been poisoned.

“Based on observation, interviews and records review by the department, it was determined that R1 was not adequately supervised, resulting in R1 being injured and expiring due to ingestion of a caustic cleaning agent,” the report said.

Contra Costa County prosecutors filed a single charge of felony elder abuse resulting in death against facility employee Lateshia Starling, 54, of San Pablo. A preliminary hearing is scheduled for Friday at 1:30 p.m. at the Bray Courthouse in Martinez.

“Our hearts continue to be with the family and loved ones of the resident affected by this tragedy,” the statement from Atria said. “As always, we are committed to the safety, health, and well-being of all our residents.”

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State moves to pull license of Walnut Creek care home where resident died after drinking cleaner