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7 months ago
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A heartbroken family has launched a lawsuit against an Oregon nursing home facility after an elderly grandmother with dementia wandered off and died.
Ki Soon Hyun, 83, was moved into the Mt Hood Senior Living Facility in Sandy, near Portland, on December 23 last year after her dementia worsened and it was determined she required around-the-clock care.
She wandered off less than 24 hours later and was found dead from hypothermia on Christmas Day in a wooded area about about 800 yards from the facility.
Her family alleges nursing home staff did not notify them of Hyun's disappearance or contact authorities until hours after she went missing, according to the lawsuit filed Wednesday in Multnomah County Circuit Court.
The complaint, obtained by Oregon Public Broadcasting, accuses the nursing home and the Oregon Department of Human Services (ODHS) of being responsible for the wrongful death of Hyun and is seeking more than $10million.
A spokesperson for ODHS told the news outlet they 'feel deeply for families and their communities anytime there is a loss of life', but reportedly declined to comment on litigation.
Ki Soon Hyun, 83, (pictured) was moved into the Mt Hood Senior Living Facility in Sandy, near Portland , on December 23 last year after her dementia worsened and it was determined she required around-the-clock care
Hyun (pictured) wandered off less than 24 hours later and was found dead from hypothermia on Christmas Day in a wooded area about about 800 yards from the facility. Her family alleges nursing home staff did not notify them of Hyun's disappearance or contact authorities until hours after she went missing
The family is suing Mt Hood Senior Living Facility and its owner Yi Zhou for alleged responsibility in Hyun's death.
According to the complaint, the nursing home failed to secure building exits, install and utilize electronic monitoring systems, and immediately notify police of Hyun's disappearance.
The family further accused the facility of not creating a individualized care plan for Hyun despite her having dementia and reportedly being known to wander off.
The filing was also brought against Avant Senior Housing Managers and Consultants LLC, which managed and operated the facility and trained the staff, and the consultancy firm's owner Tammy Lynn Thwaite.
Additionally, the suit accuses the ODHS, which oversees the state's memory care facilities, of negligence, alleging it allowed the facility to operate despite reportedly being aware that the nursing home was understaffed and that employees were not fully trained and had not undergone proper background checks.
The family, according to the complaint, believes the state should have ceased the nursing home or restricted new admissions until staffing and administrator requirements were met.
Hyun's family is understood to be heartbroken by her death and the alleged negligence of the nursing home.
'We're suffering every day but we want something good to come out of this for the better for the community and for total, all Oregonians,' her second-eldest son John Hyun told FOX 12.
The family's lawsuit accuses the nursing home and the Oregon Department of Human Services (ODHS) of being responsible for the wrongful death of Hyun and is seeking more than $10million. The beloved grandmother is pictured with her grandson Porter Lane, at her daughter's home
According to the complaint, the nursing home (pictured) failed to secure building exits, install and utilize electronic monitoring systems, and immediately notify police of Hyun's disappearance
Soo Hyun, her daughter, echoed: 'This death didn't have to happen and it has traumatized us to the core.'
John explained how the family chose Mt Hood Senior Living Facility because of it allegedly had high-tech security and a 'system in place that no one who lives there as a patient cannot exit the building'.
He claims staff 'reassured us time and time again' that patients would be safe and secure, adding the family 'cannot believe how this can happen'.
The family checked on Hyun on December 23, but claims she was missing not even 24 hours later. They also allege that they were only notified that she had wandered off after being contacted by local police.
'We just left mother a day before and we had a good memory of it and not even 24 hours later and somebody is telling me she's gone.. and I keep saying, why?' John explained.
Hyun was found dead on Christmas Day after an extensive search by law enforcement and volunteers.
The Oregon long-term care ombudsman launched an investigation after Hyun's death and determined there were 'red flags' the state missed ahead of the tragedy.
Staff at Mt Hood Senior Living Facility failed to lock and secure doors, which is a requirement for memory care facilities, the ombudsman's report stated.
The family (pictured) is suing Mt Hood Senior Living Facility and its owner Yi Zhou for alleged responsibility in Hyun's death. The lawsuit was also brought against ODHS, Avant Senior Housing Managers and Consultants LLC, which managed and operated the facility and trained the staff, and the consultancy firm's owner Tammy Lynn Thwaite
The report, which was reviewed by Oregon Public Broadcasting, found that 'due to regulatory inactions and failures … (the) resident's death and the additional harm and trauma that occurred to residents at this facility in the weeks following could have been prevented.'
The family now want state leaders and the governor to 'hold DHS accountable' for its alleged responsibility in the mother-of-five's death.
Alex Smith, one of Hyun's daughters, would like to see an independent audit of ODHS's licensing and regulatory role, as recommended by the ombudsman.
'Our mom deserved better,' she said. 'Mom was my role model. She was the most kind, patient, warm, gentle and loving person that I know.'
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