A 64-year-old man lay dead in his room at a Massachusetts assisted living facility for nine days before staff discovered his body, which was already badly decomposed, according to a lawsuit filed by his two sons.
Background
Felipe Dip was a resident at Chestnut Park at Cleveland Circle in Brighton, Massachusetts. According to the lawsuit filed in Suffolk County Superior Court, Dip stopped attending scheduled meals beginning around July 12, 2023. Over a nine-day period, he missed approximately 27 meals, the suit alleges. Despite missing nearly three dozen meal services, no staff member conducted a welfare check on the resident.
The facility was equipped with motion sensors in residents' rooms. The last recorded movement detected in Dip's room occurred on July 12, 2023 — nine days before his body was found, according to the plaintiffs' lawyers at Altman Nussbaum Shunnarah.
"The combination of Felipe Dip's prolonged and repeated failure to appear for meals and the nine-day absence of any motion detected in his room provided the Defendants with ample and repeated notice that Felipe Dip required immediate attention," the lawsuit states.
Staff discovered Dip dead on July 21, 2023. By that time, his body was badly decomposed, having been undiscovered for approximately nine days, according to court documents.
The Charges
Dip's sons are suing Chestnut Park at Cleveland Circle, its parent company Benchmark Senior Living LLC, and an unknown employee responsible for Dip's care. The lawsuit alleges negligence, claiming the facility owed a duty of reasonable care to monitor Dip's condition, conduct regular welfare checks, ensure his attendance at scheduled meals, and respond to any indication he might be in distress.
The suit also alleges negligent inflictionemotional distress on behalf of Dip's two sons, who say they have been tremendously upset by the circumstances surrounding their father's death. According to the complaint, the facility's protocol required staff to conduct welfare checks when residents missed meals — a requirement that was allegedly never fulfilled.
Benchmark Senior Living is disputing the allegations. "The health and safety of our residents is our top priority," the company said in a statement to WBZ. "Though we cannot comment fully on the merits of active litigation, we strongly disagree with the description of the events and allegations contained in the lawsuit and will defend against them."
Key Takeaways
- Felipe Dip, 64, was found dead at Chestnut Park at Cleveland Circle in Brighton, Massachusetts on July 21, 2023
- His body had been decomposing undiscovered for approximately nine days before staff found him
- The lawsuit alleges Dip missed about 27 meals over the nine-day period without any welfare check being conducted
- Motion sensors in his room detected no movement after July 12, 2023 — yet no one checked on him
- His sons are suing for negligence and negligent infliction of emotional distress
What's Next
The lawsuit filed in Suffolk County Superior Court will proceed through the court system as Benchmark Senior Living defends against the allegations. Attorney Thomas E. Flaws said the family is seeking a thorough examination of the facts. "Mr. Dip was entrusted to the care of an assisted living facility that families rely on to keep their loved ones safe," Flaws said in a statement. "The family deserves answers, and we intend to pursue them through the legal process."