Anne Bucher  |  May 13, 2015

Category: Consumer News

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Emeritus class action settlementAccording to documents filed last week in California federal court, Emeritus Corporation has agreed to settle a class action lawsuit filed by current and former residents of its assisted living facilities who allege the company misrepresented its staffing levels and charges for individual care.

On May 8, the plaintiffs filed a motion seeking preliminary approval of the class action settlement, which will reportedly offer an estimated 19,000 Class Members a minimum payment of about $450 each. The deal will resolve allegations that Emeritus and its successor company Brookdale Senior Living Inc. misinformed residents at more than 70 assisted living facilities throughout California that its staffing levels and charges for individual care were determined by “state of the art” assessments, even though the company actually based its staffing decisions on profit goals and labor budgets.

The Emeritus assisted living class action lawsuit was filed last summer by a current resident and a trust for a former resident. The class action lawsuit sought damages under the California Consumers Legal Remedies Act and Financial Elder Abuse law.

“Defendants have engaged in a scheme to defraud seniors, persons with disabilities and their family members by making misrepresentations, misleading statements, and concealing material facts such that reasonable consumers are misled and reasonably expect that Emeritus uses its resident evaluation system to determine and provide staffing at its assisted living facilities in California,” the Emeritus class action lawsuit says.

According to the class action lawsuit, Emeritus informed residents that it used an evaluation system to determine the appropriate level of care required by each resident. Based on this assessment, Emeritus purportedly made staffing decisions to accommodate its residents’ needs. Residents paid monthly care fees based on the assessment, the Emeritus class action lawsuit alleges.

“As shown in Emeritus’ marketing materials promoting its resident evaluation program, Emeritus knows that the number one reason people select a senior living community is the quality of care they receive,” the class action lawsuit says. “Emeritus promises that its use of this program ‘will provide the most comprehensive and consistent care.”

However, the plaintiffs allege that Emeritus did not actually rely on the assessment when making staffing decisions and instead relied on the facilities’ budgets to determine staffing levels. Further, the class action lawsuit alleges Emeritus also began admitting residents with care needs conditions that would typically be treated in skilled nursing homes. “This has allowed it to increase not only the potential resident pool but also the amounts of money charged to residents and/or family members,” the assisted living class action lawsuit asserts.

A hearing has been scheduled for May 15 before U.S. District Judge Samuel Conti, who will decide whether the class action settlement should receive preliminary approval.

The plaintiffs are represented by attorneys from Stebner and Associates, Schneider Wallace Cottrell Konecky Wotkyns LLP, Law Offices of Michael D. Thamer, Janssen Malloy LLP, The Arns Law Firm, and McKenna Long & Aldridge LLP.

The Emeritus Assisted Living Class Action Lawsuit is Winans v. Emeritus Corporation, et al., Case No. 3:13-cv-03962-SC, in the U.S. District Court for the Northern District of California, San Francisco Division.

UPDATE: A website has been established with more information about the Emeritus assisted living class action settlement. Click here or visit www.AssistedLivingSettlement.com for details.

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9 thoughts onEmeritus Settles Class Action over Assisted Living Staffing Levels

  1. kw says:

    Brookdale is the new name emeritus is going by these days and are up to their same bag of tricks. They are over charging residents for stuff they aren’t given. Keeping properties under staffed to make a buck. I am a former employee of Brookdale Senior Living. Emeritus is still on some of the paper work (so it’s the same shit different name). I would not recommend this place to anyone. If you are a family member of someone living there get them out of there or file a complainet with fair housing. Your not getting the care and services you are paying for.

  2. Top Class Actions says:

    UPDATE: A website has been established with more information about the Emeritus assisted living class action settlement. Click here or visit http://www.AssistedLivingSettlement.com for details.

    1. John M. says:

      I would like to know if anyone is going to go after Emeritus of Las Vegas, Nevada. My mother stayed around 2011, there and they alleged she tried to commit suicide after 2 lock downs for a norovirus outbreak and spent 6 weeks in a hospital with diarrhea and like symptoms.

      1. Jo says:

        They are getting what they deserve for their irresponsibility and neglect of the residents and unfair dishonest treatment of employees in Charsworth, CA. Glad to see that tEmeritus big wigs are put in their place and ithe truth has been revealed. The employees who cared for my father were so loving and caring. The administration however, never gave a damn about anyone. Their game was all about more money to take,take ,take from the residents (making up fees!) and give less to the hardest working people who cared for the residents there. jerks!
        It’s so good to know you all got em!!

  3. Carol Edwards says:

    Please keep me informed on the Emeritus settlement my husband resided in the Fremont, Ca facility from 2013 until his passing in 2014.. Is there a payment form that can be sent to me and what other kind of documentation would the settlement need?

    1. Roxanne Gray says:

      Would like to know the answer to Ms. Carol Edwards question…..thank you

  4. JACK BUTLER says:

    I would like to be kept up to date on the Emeritus settlement, My mother was a resident there until she passed in 2012.

  5. Laura Wagner says:

    I have 2 friends that are very unhappy residents…keep me apprised also.

  6. Lee Judson says:

    Please keep me posted on this class action suite for Emeritus … My mother was in this corporate facility for years until she passed.

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