On September 10, 2022, Martha Burke, an 88-year-old woman suffering from dementia, was admitted to Baldwin House Assisted Living Facility in Daphne, Alabama. Due to her condition, Ms. Burke required assistance with all activities of daily living, including personal safety. However, four days later, an unannounced audit conducted by the Alabama Department of Public Health revealed several deficiencies at Baldwin House, one of which was the absence of a care plan for Ms. Burke.
Tragically, on October 13, 2022, just a month after the audit, Ms. Burke suffered a severe fall when she was left unattended on the facility's front porch. The injuries sustained from the fall proved fatal, and she passed away on October 14, 2022. In response to this incident, the Alabama Department of Health promptly launched an investigation, determining that Ms. Burke's death directly resulted from the deficiencies identified in the September audit. Furthermore, the investigation found that Baldwin House's failures not only caused Ms. Burke's death but also placed the remaining 26 residents of the facility at risk of significant harm.
In light of these distressing circumstances, Cunningham Bounds has filed a wrongful death lawsuit on behalf of Ms. Burke's daughter, Lea Teem. The lawsuit alleges negligence and wantonness against multiple companies involved in the oversight and operation of Baldwin House. The defendants named in the lawsuit include Baldwin House Assisted Living Facility, ADKM Properties, LLC, AKFN Investments, LLC, and Tonya Freeman. The lawsuit presents detailed allegations, outlining the negligent failure of the defendant companies to adequately train their employees and to monitor and supervise Ms. Burke.
"Ms. Burke's family entrusted these companies with her care and safety," stated Aaron Maples of Cunningham Bounds. "They were promised a nurturing environment in which she could spend the remainder of her life peacefully. However, instead of receiving the assistance and care she deserved, she was neglected. These companies utterly failed her. Our hope is that the outcome of this case will raise awareness and drive meaningful improvements in the care provided to seniors within our community."