Aegis Senior Communities Elder Financial Abuse $16.25M Class Action Settlement

UPDATE:

• The Court granted final approval to this settlement Aug. 23, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Aegis Senior Communities residents of Aegis Living-branded facilities in Washington and California may be eligible to benefit from a $16.25 million class action settlement resolving claims the facilities improperly maintain staffing levels based on budgets rather than on residents’ care needs.

The Class is made up of two Subclasses.

The California Subclass includes anyone who resided at an Aegis Living-branded assisted-living facility in California at any point between April 12, 2012, and Oct. 30, 2020, that were owned or managed by the defendant or in which the California Department of Social Services identified the defendant as a licensee.

This includes the following communities: 

• Aegis Gardens (Fremont)
• Aegis of Aptos
• Aegis of Carmichael
• Aegis of Corte Madera
• Aegis of Dana Point
• Aegis of Fremont
• Aegis of Granada Hills
• Aegis of Laguna Niguel
• Aegis of Moraga
• Aegis of Napa
• Aegis of Pleasant Hill
• Aegis of San Francisco
• Aegis of San Rafael (Note: The Class Period for this facility is April 12, 2012, through and including March 31, 2016)
• Aegis of Shadowridge (Oceanside)
• Aegis of Ventura

The Washington Subclass includes anyone who resided at an Aegis Living-branded assisted-living facility in Washington between March 8, 2014, and Oct. 30, 2020, that was owned or managed by the defendant or in which the Washington Department of Social and Health Services identified the defendant as a licensee, including the following:

• Aegis Gardens (Newcastle)
• Aegis Lodge (Kirkland)
• Aegis of Ballard
• Aegis of Bellevue
• Callahan House (Shoreline)
• Aegis of Issaquah
• Aegis of Kent
• Aegis of Kirkland
• Aegis of Lynnwood
• Aegis of Madison (Seattle)
• Aegis of Marymoor (Redmond)
• Aegis of Mercer Island
• Queen Anne on Galer
• Queen Anne Rodgers Park
• Aegis of Ravenna (Seattle)
• Aegis of Redmond
• Aegis of Shoreline
• Aegis of West Seattle

Two class action lawsuits had alleged Aegis Senior Communities made misleading statements or left out information about how resident evaluation information would be used in determining, setting, and monitoring staffing levels, which the plaintiffs argue violated elder abuse statutes and resulted in monetary damages for Aegis Living residents.

Instead of basing staffing on residents’ care needs, Aegis allegedly staffs based on “pre-determined labor budgets, regardless of changes in the overall care needs and assessed care points of current residents,” the class action lawsuit claimed.

Aegis Living operates 15 facilities in California, one in Nevada, and 24 in Washington, with five more planned in Washington and one more in California by early 20214.

The company denies it has done anything wrong, and the Court has not ruled in favor of either party.

If the settlement is approved, each Class Member who paid a net Community Fee of $500 or more will receive an estimated payment of 14 percent to 15 percent of that amount, depending on how much the Court awards in attorneys’ fees and costs.

Those who paid a net amount up to $499 in Community Fees will receive $50.

Class Members for whom payment information is not available will receive an award in an amount to be calculated according to a formula set forth in the settlement stipulation.

The only people who are eligible for a payment are settlement Class Members and legal successors of deceased Class Members.

Each Class Member should contact their tax adviser about the tax obligations related to their payment.

A final approval hearing in the Aegis Senior Communities settlement is set for Aug. 20, 2021.

Requests for exclusion and objections to the settlement must be submitted by July 17, 2021.

No claim form is required for participation in this settlement.

Who’s Eligible

The Class is made up of two Subclasses.

The California Subclass includes anyone who resided at an Aegis Living-branded assisted-living facility in California at any point between April 12, 2012, and Oct. 30, 2020, that were owned or managed by the defendant or in which the California Department of Social Services identified the defendant as a licensee.

This includes the following communities: 

• Aegis Gardens (Fremont)
• Aegis of Aptos
• Aegis of Carmichael
• Aegis of Corte Madera
• Aegis of Dana Point
• Aegis of Fremont
• Aegis of Granada Hills
• Aegis of Laguna Niguel
• Aegis of Moraga
• Aegis of Napa
• Aegis of Pleasant Hill
• Aegis of San Francisco
• Aegis of San Rafael (Note: The Class Period for this facility is April 12, 2012, through and including March 31, 2016)
• Aegis of Shadowridge (Oceanside)
• Aegis of Ventura

The Washington Subclass includes anyone who resided at an Aegis Living-branded assisted-living facility in Washington between March 8, 2014, and Oct. 30, 2020, that was owned or managed by the defendant or in which the Washington Department of Social and Health Services identified the defendant as a licensee, including the following:

• Aegis Gardens (Newcastle)
• Aegis Lodge (Kirkland)
• Aegis of Ballard
• Aegis of Bellevue
• Callahan House (Shoreline)
• Aegis of Issaquah
• Aegis of Kent
• Aegis of Kirkland
• Aegis of Lynnwood
• Aegis of Madison (Seattle)
• Aegis of Marymoor (Redmond)
• Aegis of Mercer Island
• Queen Anne on Galer
• Queen Anne Rodgers Park
• Aegis of Ravenna (Seattle)
• Aegis of Redmond
• Aegis of Shoreline
• Aegis of West Seattle

Potential Award

14 percent to 15 percent of Community Fees paid.

• If the settlement is approved, each Class Member who paid a net Community Fee of $500 or more will receive an estimated payment of 14 percent to 15 percent of that amount, depending on how much the Court awards in attorneys’ fees and costs.
• Those who paid a net amount up to $499 in Community Fees will receive $50.
• Class Members for whom payment information is not available will receive an award in an amount to be calculated according to a formula set forth in the settlement stipulation.

Proof of Purchase

No proof of purchase is required.

Claim Form

No claim form is required.

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

No claim form is required.

Case Name

June Newirth, et al. v. Aegis Senior Communities LLC, d/b/a Aegis Living, et al., Case No. 4:16-cv-03991-JSW in the U.S. District Court for the Northern District of California

Carol M. Morrison, et al. v. Aegis Senior Communities LLC, d/b/a Aegis Living, et al., Case No. 18-2-06326-4-SEA in the Superior Court of Washington for King County

Final Hearing

08/20/2021

Settlement Website

CPTGroupCaseInfo.com/AegisCommunitiesSettlement

Claims Administrator

Newirth v. Aegis Senior Communities
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
NewirthVAegis@cptgroup.com
1-888-617-0128

Class Counsel

STEBNER & ASSOCIATES
DENTONS US LLP
JANSSEN MALLOY LLP
LAW OFFICE OF MICHAEL D. THAMER
ARNS LAW FIRM
SCHNEIDER WALLACE COTTRELL KONECKY LLP
MARKS, BALETTE, GIESSEL & YOUNG PLLC
ZWERLING, SCHACHTER & ZWERLING LLP
EMBER LAW PLLC
NEEDHAM KEPNER & FISH LLP

Defense Counsel

LEWIS BRISBOIS BISGAARD & SMITH LLP
MCNAUL EBEL NAWROT & HELGREN PLLC