Case Overview

This lawsuit stemmed from the death of 97-year-old Mary Jo Staub, who was found outside in freezing temperatures after being locked out of Balfour’s Lavender Farms assisted living facility in Louisville, Colorado. The plaintiffs were Mary Jo’s daughters, Susan Jeanne McLean and Elizabeth Staub Grainger. 

In this lawsuit, we alleged that Balfour marketed itself as a luxury, high-end elder care option, promising 24-hour supervision, safety checks, updated care planning, and transparent communications. Our clients relied on these promises and paid significant fees to Balfour to house and care for their elderly mother.

The Events Leading Up to Mary Joe’s Death

Mary Jo moved into Lavender Farms in 2019 and later required higher levels of care. After a hospitalization and skilled nursing stay, she returned to Lavender Farms on January 31, 2022, at Level II care, with conditions to perform night monitoring and safety checks. On February 25, 2022, she showed confusion and hallucinations, and staff were told to check on her frequently. Staff did not notify the nurse practitioner or family about her renewed confusion that evening. 

Before 12:40 a.m. on February 26, 2022, Mary Jo wandered outside with her walker and was locked out in below-freezing weather wearing sleepwear. She struggled through snow to the French doors by the nurses’ station, pounded and screamed for help, then collapsed and died as cameras recorded the events. No employee monitored cameras or occupied the nurses’ station from 12:18 a.m. to 5:51 a.m., and Mary Jo was not found until 5:51 a.m. during shift change. A second resident also wandered and exited undetected that night. Only two employees were present on the overnight shift. Instead of monitoring the residents that night, the employees were hanging out on the third floor in the movie theatre room. Security footage showed one employee left the building between 11:57 p.m. to 1:04 a.m., contradicting her claim that she checked Mary Jo at midnight. Paramedics were not given Mary Jo’s DNR, and full resuscitation was initiated. The autopsy listed hypothermia as the cause of death.

The Lawsuit We Filed

We alleged that the Balfour employees misled police to avoid criminal charges, including statements denying required safety checks and minimizing family requests. It alleges shifting explanations about whether and how often night checks were required and performed. We also asserted that staff and managers provided false accounts about checks, falls, and family communications. We sued Balfour for fraud, negligence, intentional infliction of emotional distress, and felonious killing. The lawsuit gained international media attention which caused a number of former employees to come forward and testify for Mary Jo’s family.

The Result For The Client

This case resulted in a favorable confidential settlement for Mary Jo’s family. The case also resulted in Balfour overhauling their processes and management to avoid this from happening again.