Case details

Failure to monitor drug dependent patient resulted in death: family

SUMMARY

$2000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On Aug. 19, 2017, plaintiffs’ decedent Austin Janowski, 19, was found deceased as a result of a drug overdose at the sober living home of TruVida Wellness, a drug and alcohol recovery services provider in Orange County. Janowski previously enrolled in a drug rehabilitation program operated by TruVida Recovery on Aug. 10, 2017, and was housed in the sober living home operated by TruVida Wellness, the outpatient division of TruVida Recovery. Eight days later, he left the sober living home, unsupervised, on a "pass" and came back later that night. The next morning, Janowski was found dead in the bathroom. It was determined he died of a drug overdose. The decedent’s parents, sued the manager and operator of TruVida Recovery and TruVida Wellness, Crest Recovery LLC. The decedent’s parents alleged that Crest Recovery failed to properly monitor the decedent, resulting in his wrongful death. Truvida Recovery was initially named as a defendant, but it was dismissed from the case once it was determined that it was the erroneous name of Crest Recovery. Plaintiffs’ counsel contended, and the plaintiff’s addiction medicine opined, that Crest Recovery was negligent in the operation and management of the sober living home, in that, despite its clinical team diagnosing Austin Janowski as being at "imminent risk of relapse," the clinical team failed to inform the sober living home mangers of that diagnosis. Counsel also contended that the sober living home mangers allowed Janowski to leave, unsupervised, and that the employees at the sober living home failed to properly receive Janowski as he came back that night, in that they failed to search Janowski for drugs, which he brought back into the sober living house. Defense counsel denied Crest Recovery was negligent, and asserted that the sole cause of Janowski’s death was his personal choice to use substances. Counsel contended that there were no laws or regulations that govern sober living homes and that Crest Recovery did not violate any laws or statutes. Defense counsel further contended that sober living homes are simply communal homes where the members of the house intend to refrain from drug use and where the residents may leave at any time. Thus, counsel asserted that the sober living home had no authority to prevent residents from leaving. Employees of Crest Recovery testified at their depositions that Janowski was searched and drug tested within minutes of returning to the sober living home, per the sober living home’s rules, and that no drugs were found and Janowski tested negative., Janowski died from a drug overdose. Janowski’s parents sought recovery of wrongful death damages for the loss of their son’s love, companionship, comfort, care, assistance, protection, affection, society and moral support.
COURT
Superior Court of Orange County, Orange, CA

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