PORT ORANGE, Fla. – A Volusia County woman is suing a Port Orange memory care facility after her husband fell seven times in three months and later died.
Marianne Brand says Reflections Memory Care of Port Orange failed to protect her husband, Jon, and she believes the facility should have done more to keep him safe.
Marianne and Jon Brand were married for 58 years. After Jon, 79, developed Parkinson’s disease and dementia, the couple’s children persuaded Marianne that it was time for additional care. It was the first time the couple had been apart in decades.
“In retrospect, that’s what haunts me — I know how scared he must have been,” Marianne said.
7 falls in 3 months
After Jon was admitted to Reflections Memory Care of Port Orange, Marianne says he quickly began falling. She says he would get out of his wheelchair and fall, and climb out of his bed and fall. The situation became so alarming that she began staying at the facility around the clock.
“I started staying with him. I just, I couldn’t leave him. He wasn’t safe,” she said.
Jon fell a total of seven times over three months. Three of those falls resulted in major injuries, including breaking his hip twice. He never recovered from the last fall and died just three and a half months after entering the facility.
“It was hell for him, and he didn’t have a say — he didn’t have a say over any of his care,” Marianne said.
Lawsuit alleges abuse and neglect
Marianne Brand is now suing Reflections Memory Care, alleging abuse and neglect. The lawsuit claims the facility deviated from the standard of care, causing injuries, suffering, and death.
“It was horrible. Yeah, it was horrible,” she said.
Brand says the facility should have sought a physician’s order to gently restrain her husband to prevent him from falling. Under Florida law, nursing homes are prohibited from restraining patients unless a restraint is ordered and documented by a physician.
Brand says Reflections should have had a doctor issue that ordered for Jon.
“I think they have to be the ones to request something like that,” she said. “They wouldn’t allow the restraints.”
When asked whether restraints would have protected her husband, Brand was direct: “No doubt about it, no doubt about it.”
Falls are common in nursing homes
The couple’s experience reflects a widespread problem. According to the Agency for Healthcare Research and Quality, of the 1.6 million residents in U.S. nursing facilities, approximately half fall annually. About one in three of those who fall will fall two or more times in a year.
Brand says families should have more say in decisions like these.
“I think the family should have an awful lot to say with it,” she said.
When asked directly whether she holds the facility responsible for her husband’s death, Brand did not hesitate.
“I do. I think — poor care,” she said.
No response from facility
News 6 emailed and called Reflections two times and left messages — one voicemail and one with a person.
On a third call, a representative said someone from corporate would follow up. That was five days ago. The facility has not responded.