Wrongful Death Suit Is Filed After Third Death at Atria Park: A San Mateo assisted living facility is already being sued over the deaths of two residents who were mistakenly given cleaning fluid. Now, the family of a man who died at the facility in June after falling and not being helped is also suing the facility.
After the third death at Atria Park, a lawsuit is filed for wrongful death
The family of a man who died after an unsupervised fall at a San Mateo assisted care home in June is suing the institution, NBC Bay Area’s Investigative Unit has found.
Gary Podesta Sr., 79, was the first of three fatalities at Atria Park of San Mateo this summer. Gary Podesta Jr. doesn’t know what happened to his father. What happened? What happened? Podesta Jr. stated.
Podesta Jr. was told his father would be supervised when he relocated him to Atria Park of San Mateo in April.
“We’ll do whatever it takes to get him the finest treatment,” Podesta Jr. said of his father, a retired wholesale florist with memory issues, forgetfulness, and other brain swelling side effects. He had vision and hearing problems.
In June, San Mateo police called Podesta Jr. and said they located his father a half mile near Atria Park. Podesta Jr. wanted a security video because the institution couldn’t explain what transpired.
“They never gave me the tape, but that’s when they fessed up and confessed that he had truly gone out the front door,” Podesta Jr. recalled.
Atria Park was ordered to do more to deter straying after a previous occurrence. Even after Podesta Sr. disappeared, authorities accepted Atria’s promise to retrain workers. Podesta Jr. visited on Father’s Day two weeks after the event. He observed his father’s bloated, black-and-blue face. Atria executives were clueless. After Podesta Sr. died in July, an autopsy determined he had a “mechanical fall” that caused a stroke and other issues.
Atria executives said they are collaborating with state community care licensing regulators after conducting an internal assessment. Atria stated resident safety and well-being will always be its primary concern. Podesta Jr. said he was still grieving his father’s death when the Atria Park story surfaced in August. Two died.
“I’m baffled. Podesta Jr. said that made him more unhappy. “I kept wondering, what’s going on over there?” Mind-boggling.” The relatives of two poisoning victims have joined the Podesta family in suing Atria for elder abuse and wrongful death for understaffing.
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In 2019, officials issued a citation after the death of an 88-year-old blind lady who fell unattended the year before. The citation citing insufficient care levels was dismissed after inspectors met with Atria management, documents indicate. Josefina Iniguez’s relatives sued Atria on her behalf. She argued regulators couldn’t have decided on personnel numbers in such little time.
She replied, “There’s no way they could figure out they have enough employees in a day since it takes a long time.” Stebner represents the Podestas and the Schroder family.
She said, “Our elders.” These corporations are earning money like crazy; all they need to do is reduce their profits and hire more employees. Podesta Jr. believes it’s time to prevent additional fatalities.
Nobody should go through what those families did, he added. Stebner thinks we may never know how the three fatality cases turn out since Atria Park just requested closed-door arbitration. She intends to sue.