Elderly Care Facility Accused of Neglect Leading to Resident's Death

By Northern California Record

A tragic case of alleged elder abuse and neglect has been brought to light with a recent court filing. On August 19, 2024, Mehrzad Attar filed a complaint in the Superior Court of California, County of Santa Clara, against Atria Sunnyvale and several associated entities and individuals. The lawsuit accuses the defendants of severe neglect that led to the death of James Attar.

The plaintiff, Mehrzad Attar, is acting as the successor in interest for his deceased brother, James Attar. According to the complaint, James was a resident at Atria Sunnyvale, a residential care facility for the elderly located at 175 E Remington Dr., Sunnyvale, CA. The lawsuit names multiple defendants including WG Sunnyvale SH LP, Atria Management Company LLC, Ventas AOC Operating Holdings LLC, Atria Senior Living Inc., Ventas Inc., Byron Perryman, Flavio Silva, and Does 1 through 100. The complaint outlines two main causes of action: elder abuse - neglect and survival action - negligence under CCP §377.20.

James Attar had been residing at Atria Sunnyvale when he was informed by a speech therapist on July 11, 2023, that he required a "thickened liquid" diet due to his medical condition. Despite acknowledging this requirement, Atria Sunnyvale allegedly failed to provide such a diet or assist in relocating James to another facility that could meet his needs. Tragically, on August 17, 2023, James choked while eating lunch at the facility and suffered an anoxic brain injury from which he never recovered before passing away on January 6, 2024.

Mehrzad Attar's complaint details numerous allegations against the defendants. It asserts that they were aware of staffing issues and substandard care but chose to ignore these problems in favor of financial gain. The lawsuit claims that "Defendants knew it was substantially certain that ATTAR would suffer injury due to the failure to provide the custodial care and services needed." Furthermore, it alleges that management's focus on increasing profits led to underfunding and understaffing at Atria Sunnyvale.

The plaintiff is seeking general damages according to proof; special damages; attorney’s fees under Welfare and Institutions Code section 15657; punitive and exemplary damages; costs of suit; and any other relief deemed just by the court. This case underscores serious concerns about elder care facilities' obligations to their residents.

Representing Mehrzad Attar are attorneys Benjamin T. Ikuta and Nicholas J. Leonard from Ikuta Hemesath LLP. The case is being reviewed by Judge J. Nguyen under Case No: 24CV445513.

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Elderly Care Facility Accused of Neglect Leading to Resident's Death