BELLEVILLE – A class action lawsuit alleges Cedar Ridge Care and Rehabilitation Center endangers residents by purposely understaffing its facility in order to save money on staffing costs.
"For years, Cedar Ridge has engaged in a profit-driven scheme in which it entices thousands of residents to its facility, and then systematically and knowingly understaffs the facility leading to dangerous, distressing, and grossly unsanitary living conditions for the residents," the suit states.
"Cedar Ridge perpetrates this scheme by failing to ensure that the adequate number of staff are present in the facility for each shift to undertake necessary care and tasks and by failing to ensure that qualified staff are present in the facility for each shift," it continues.
Two anonymous plaintiffs filed the class action lawsuit as Jane Does 1 and 2. Jane Doe #1 is a 76-year-old Medicaid beneficiary who resided at Cedar Ridge in 2022. Jane Doe #2 is Jane Doe #1's guardian.
The suit was filed through O'Fallon attorney Brandon Wise in the St. Clair County Circuit Court against the Cedar Ridge Health and Rehabilitation Center LLC and Michael Altobella, citing negligence, carelessness and and breach of contract in violation of the Illinois Nursing Home Care Act and the Illinois Consumer Fraud and Deceptive Business Practices Act.
Altobella was named a defendant as partial owner of the Cedar Ridge Health and Rehabilitation Center, the suit states.
According to the lawsuit, Cedar Ridge Health and Rehabilitation Center has knowingly failed to hire sufficient staff to provide proper care to its residents or even meet the minimum number of hours of care mandated by Illinois law. The lawsuit states that as a result of this understaffing, residents at the facility face unsafe conditions and neglect.
"And indeed, this risk of harm has materialized into actual harm time and time again," the suit states. "For example, due to the lack of adequate staff, Cedar Ridge residents have experienced pressure ulcers and falls, and in at least one instance, a resident escaped the facility in extremely cold weather resulting in hypothermia (and, Cedar Ridge did not know about the escape until informed by the police, who found the resident 'down a hill'). Residents also endure the inappropriate use of antipsychotic medication as chemical restraints for staff convenience."
The lawsuit states that Cedar Ridge knowingly engages in systemic understaffing in order to cut costs and increase profits. The company allegedly saves millions of dollars a year at the expense of residents' wellbeing.
Cedar Ridge was allegedly cited in 2023 by the Illinois Department of Public Health for being understaffed.
According to the lawsuit, Cedar Ridge violates the state's Nursing Home Care Act, which prohibits Illinois nursing facilities from neglecting residents and safeguards them against abuse, and that it's oppressive business practices violate the Illinois Consumer Fraud and Deceptive Business Practices Act.
The plaintiffs seek damages for themselves and everyone in their class action lawsuit plus court costs, attorney fees and any other relief the court deems proper. They are also seeking injunctive action to prohibit the defendants from neglecting residents and desist from unfair and unlawful business practices.
The plaintiffs are represented by the Peiffer, Wolf, Carr, Kane, Conway, & Wise, law firm in O'Fallon.
St. Clair County Circuit Court case number 23LA0444