MINNEAPOLIS, Minn. —Storms Dworak LLC has filed a lawsuit on behalf of Juanita Tyson as trustee for her daughter, Dea-Zeahunna Bernadine Spencer (“Ms. Spencer”). Ms. Spencer was a vulnerable adult under civil commitment in Hennepin County, who was allowed to overdose twice in five days while staying in a Brooklyn Park assisted living facility run by Empathy Home Care, Inc. Ms. Spencer was only 21-years-old and died from the second overdose.
The lawsuit alleges that Empathy’s staff and chief executive officer failed to take corrective action or implement adequate safety checks on Ms. Spencer following her first overdose. It also alleges a failure to make a mandatory report of vulnerable adult abuse. A Minnesota Department of Health Investigation found Empathy and its CEO responsible for maltreatment of Ms. Spencer
As to Hennepin County, the Complaint alleges it failed to monitor Ms. Spencer’s compliance with her individual community support plan and treatment plan, and failed to report Spencer’s serious issues and first overdose to the Court.
“This suit is about holding both private providers and county social workers accountable when vulnerable adults are ignored and suffer as a result. This young woman should be alive today,” said Storms Dworak Partner Ryan Vettleson.
Partner Jeff Storms added: “The repeated failures suggest a staggering pattern of indifference that must end before more lives are lost.”