Arizona’s top prosecutor has filed a motion to intervene in a civil lawsuit brought against an assisted living community being sued over the death of a resident who wandered away from the community and later was found dead.
Brookhaven on 131st Place in Scottsdale was sued in January by the family of Bob Pollmann, who wandered away from the community through an unlocked door in summer 2024 and was found dead behind a home two days later. Pollmann had received a diagnosis of Alzheimer’s disease in 2021 and had moved into the community less than a month before he died, according to ABC 15.
The Arizona Department of Health Services investigated and cited Brookhaven for failing to have strategies to ensure Pollmann’s safety. A state inspector found the community’s front-door alarm was not functioning on the day of its inspection.
Brookhaven was fined $500 over the incident, according to ABC 15. A state law passed last fall doubled the fines to $1,000. Under the settlement with the ADHS, Brookhaven denied any liability or wrongdoing and agreed to take safety measures, including accepting unannounced state inspections, having a manager on site at least 15 hours per week, providing staff member training on managing dementia in residents, and establishing policies for monitoring residents known to wander.
The family’s lawsuit seeks to hold the community accountable and bring attention to the dangers of elopement, according to Gallagher & Kennedy, the law firm representing the Pollmann family.
Attorney General Kris Mayes (D) filed a motion to become a party to the family’s lawsuit, saying in a court filing that the community failed to substantially comply with state laws and regulations, “resulting in the death of Mr. Robert Pollmann and posing a danger to current and future residents.”
In a statement to ABC 15, Brookhaven said that lay media reporting surrounding the incident “has allowed several inaccurate and misleading statements to be spread.”
“We understand that this notice to intervene is customary in claims involving vulnerable adults” the statement read. “Our legal defense team will address that and the complaint allegations in formal court proceedings at a later date.”
Push for regulation
Arizona Gov. Katie Hobbs (D) last year announced plans to advocate for a package of bills targeting transparency in long-term care, including assisted living, after several high-profile death and abuse cases were highlighted in the Arizona Republic’s investigative series “The Bitter End.” The report chronicled resident injuries, care issues and sexual assaults in assisted living communities and nursing homes.
Sen. Mark Kelly (D-AZ) raised the issue of safety and transparency concerns at Arizona assisted living communities during a US Senate Special Committee on Aging hearing in January 2024 that focused on assisted living. Kelly, a member of the committee, also mentioned the Arizona Republic series and said that the stories it shared were “horrifying.”
Kelly floated federal legislation at the end of last year, ultimately not introduced, that would have established a national Assisted Living Advisory Council to recommend best practices for assisted living, create a voluntary process for assisted living communities to report their performance related to the recommendations, and develop an online dashboard where consumers could view the performance reports.
Source: McKnights Seniorliving
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