A man who died in an assisted living home in Boston went unnoticed for nine days and was decomposing when he was discovered, according to a lawsuit filed by his family in Massachusetts.
Felipe Dip, a resident of Chestnut Park on Cleveland Circle in Brighton, was discovered dead on July 21, 2023. His two sons filed a complaint in Suffolk Superior Court on Tuesday, claiming that his body was “badly decomposed” when employees discovered him.
Dip’s sons are suing the facility’s owner, Benchmark Senior Living, and an employee known only as John Doe because the family does not know the worker’s name.
Benchmark Senior Living responded in a statement that they “strongly disagree” with the allegations. Our residents’ health and safety is our number one priority. Though we cannot comment on the issues of ongoing litigation, we strongly disagree with the description of the events and charges in the lawsuit and will defend against them,” the business stated.
A spokeswoman for the family’s attorney, Thomas Flaws, published a statement on the case Wednesday. “The family of Felipe Dip has filed this lawsuit to find out the truth about what happened to their father and hold those responsible accountable,” Flaws stated. “Mr Dip was placed in the care of an assisted living facility, which families depend on to keep their loved ones safe. The claims in this case raise major concerns about whether that trust was respected. Our current focus is on conducting a comprehensive and transparent review of the facts. The family deserves answers, and we plan to pursue them through the judicial system.”
The lawsuit states that John Doe “was specifically assigned the responsibility of monitoring Felipe Dip and conducting regular welfare checks to ensure his safety and well-being”. Dip’s sons claimed there was a motion-detecting camera system in his room. They claim that the last time any motion was observed was “on or about July 12, 2023”.
The sons stated that for the next nine days, their father would have been expected to attend regular meals. They claim that 27 meals went by without anyone checking on their father in his room. The lawsuit alleges that each missed meal “should have triggered a welfare check by staff”.
The sons of Dip, Ricardo Dip Calimano and Benjamin Dip Gerber, are suing for negligence and negligent infliction of emotional distress. The lawsuit claims that the defendants’ failure to monitor Felipe Dip for nine days exceeded reasonable care and caused severe emotional distress to his immediate family.
The sons request a jury trial and demand judgement “for all damages available under Massachusetts law”.
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