Staff allows sexual abuse of demented mother because she allegedly “consented,” lawsuit says

A man is suing an assisted living facility, claiming that the staff failed to protect his mother, who suffers from dementia, from two sexual assaults by a “dangerous” resident and considered the assaults to be consensual.

Pamela Harney required full-time care at Brookdale Senior Living Foundation in Federal Way, Washington, and is unable to consent due to her “diminished mental capacity,” according to a lawsuit filed by her son, Ryan Harney.

Pamela Harney also relies on a wheelchair and is unable to walk after being injured at another health facility, according to a Sept. 16 complaint.

The first sexual assault at Brookdale was captured on the facility's surveillance video, which shows a male resident pushing Pamela Harney into another resident's room and attacking her on May 13, 2023, according to a Sept. 16 complaint.

After Brookdale reviewed the footage, staff reported to the Washington Department of Social and Health Services that the 81-year-old “appeared to be 'enjoying' the sexual assault,” the complaint states.

The facility's director is accused of telling a DSHS investigator: “The incident was captured on video and proves that the incident was consensual and not coerced by any of the residents.”

The male resident was then subjected to one-on-one surveillance at Brookdale, the complaint states.

However, facility staff allowed him to sexually abuse Pamela Harney again a few days later, on May 19, 2023, the complaint states.

Similar to the first incident, the resident pushed Pamela Harney into another room and attacked her there, the complaint states.

Brookdale, in turn, reported that Pamela Harney “agreed” after reviewing the incident, the complaint states.

Her son, Ryan Harney, is suing Brookdale for abuse of vulnerable adults, negligence, and discrimination based on gender and disability.

“(Pamela Harney's) status as a disabled woman was a driving force and a significant factor in the sexual abuse she suffered and which Brookdale permitted,” the complaint states.

A Brookdale spokesman declined to comment on the litigation in a statement to McClatchy News on September 19.

“At Brookdale Foundation House, our priority is to provide high-quality care and services to promote the health and well-being of our residents,” the spokesperson said.

Ryan Harney told the Federal Way Mirror that his mother was transferred to a dementia care facility after she began to experience cognitive deficits and could no longer care for herself.

He estimates her cognitive abilities are comparable to those of a toddler and said Brookdale staff knew about her cognitive level when the facility alleged she consented to the sexual assault, according to the Federal Way Mirror.

She was “completely dependent” on Brookdale staff, the complaint states.

“They called my mother a promiscuous woman and that she apparently enjoyed being sexually abused as she appeared on the video they had seen,” Harney told the Federal Way Mirror. “My jaw dropped. I had to ask her to repeat it because I couldn't believe what I was hearing. At no point while at Brookdale was my mother capable of making a rational decision or giving her consent, let alone learning my name.”

After the first assault, Brookdale failed to consistently monitor the resident accused of sexually abusing Pamela Harney, the law firm Evergreen Personal Injury Counsel, which is representing the case, said in a Sept. 16 press release.

“We trust that the facilities that care for vulnerable adults will treat them with dignity and respect and protect them from sexual abuse, physical abuse, harm and neglect. Brookdale allowed these sexual assaults to occur under its supervision,” the company said in a press release.

The DSHS investigated the reported sexual assaults and concluded that no laws were violated, KING-TV reported.

McClatchy News has reached out to the Washington Department of Social and Health Services for clarification on its decision and is awaiting a response.

Ryan Harney told the television station that his 81-year-old mother now lives in another facility.

In his lawsuit, he demands a jury trial and seeks special and general damages as compensation for what happened to his mother.

“The Harney family, along with attorneys at Evergreen Personal Injury Counsel, filed this vulnerable adult lawsuit to ensure that something like this never happens to another Brookdale resident again,” the press release said.

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