Lawsuit Filed Against Colorado Home Health Agency for Negligence, Civil Theft, Fraud, Consumer Protection Violations
The Law Offices of JM Reinan, PC represents an elderly woman in her mid-90’s who has, through her legal representative, brought claims against her former home health care agency. Among others, the claims brought against the Colorado agency in the lawsuit are for negligence, violation of the Colorado Consumer Protection Act, conversion of property, fraud and civil theft.
The suit alleges that the elderly woman initially contracted with the home health agency for home health care services in late 2009. At the time, the contract was for part-time home health care due to the woman’s progressing dementia and an inability to fully and safely manage her own care needs. The suit alleges that over time, her dementia worsened to the point where she became unable to make decisions on her own or competently sign documents on her own behalf. The suit alleges that despite her known advancing dementia and despite what should have been a known inability to legally and competently sign documents on her own behalf, the home health agency continued to have her sign contracts with them increasing the level, amount and price of its services. The suit alleges that ultimately the home health agency was providing 24/7 services at a price of over $200,000.00 per year. The suit further alleges that on multiple occasions employees of the home health agency used the elderly woman’s funds to rent rooms at expensive hotels as well as to obtain room service and meals.
It is further alleged that employees of the home health agency contacted the woman’s bank to obtain information about her accounts. According to the suit, in late November, 2011, an employee of the bank became concerned about this woman and reported these issues to Adult Protective Services. The Court got involved, and she now has advocates overseeing her care and finances.
The civil lawsuit was filed in May 2013, and a preferential trial date will be sought on account of advanced age.