Senior living center ordered to pay damages to family of former resident

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CHARLOTTESVILLE, Va. (NEWSPLEX) -- A senior living facility has been ordered to pay damages to the family of a former resident by an arbiter.

According to a release, Commonwealth Senior Living, or CSL, must pay the estate of Diane Franklin $900,000 in damages for neglect.

The senior living facility is operated by Osprey/Pantops Place, and CSL has more than 20 facilities across Virginia that offer independent living units for elderly residents.

Richard Brewer, the President and CEO of Commonwealth Senior Living, said they deeply regret the incident happening.

"The incident was the result of a series of human errors that were simply unacceptable," said Brewer.

According to a complaint, CSL did not perform a daily check-in process, which is included in its residency agreement, for four consecutive days in 2015 during which Diane was incapacitated by a broken bone.

According to a letter from her son Alvin Franklin, she had no food, water, medication or toilet access during those four days because she was confined to her bed.

Her daughter, Jacqueline Carney, found Diane and then helped get her taken to Sentara Martha Jefferson for treatment.

"When I opened that door that odor of the urine and the feces was overwhelming and it almost took my breath away," Carney said.

The arbiter who issued the ruling says Diane's horrific experience caused her pain, humiliation and inconvenience.

The facility has since added a few things to its system to try and prevent future occurrences.

"We're thrilled to hear that that has been done," Carney exclaimed. "It still doesn't change the fact that there's no regulation oversight and if there is an accident and someone is injured there's no way for the public what has happened."

Diane suffered from multiple sclerosis and cancer and passed away last year, about four months after this incident.

Franklin's family wanted to use the money to settle Franklin's bills and promote that they say there is not enough oversight from the government.

"We hope we can raise awareness so families like ours to walk into the care of their elderly ones with more knowledge base then we were able to walk into it with," said Carney.

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