Chain | Cohn | Clark files wrongful death, elder neglect lawsuit after man drowns in senior living facility

Bob Fink loved to golf, to glide, and to spend time with his dog Molly and his family. He was married for 50 years, but when his love passed away in August of 2013, he moved to Bakersfield where his daughter lived.

His daughter Kathryn Dawson chose the Glenwood Gardens senior living facility (now known as Brookdale Riverwalk, Senior Living Solutions) as his new home. Fink was 77 and entering the early stages of dementia, in addition to being depressed from his wife’s passing. His seven kids thought the community at Glenwood Gardens would help him.

“We knew he was right there, and he was safe,” Dawson told KGET-17 News. “So we thought.”

On Aug. 1,  2015, the Kern County Coroner’s Office called the family and informed them that Robert Kenneth Fink had died. Fink had drowned in the pool at Glenwood Gardens.

It should have never happened. Residents must be cleared by a doctor to swim in the Glenwood Gardens pool, and, in fact, Fink had a letter from his doctor stating he should avoid the swimming pool.

Fink’s family, with the help of Bakersfield-based law firm Chain | Cohn | Clark,  has filed a wrongful death lawsuit, claiming negligence and elder neglect in Fink’s death.

Chain | Cohn | Clark attorneys David Cohn and Neil Gehlawat, who have vast experience with elder abuse and elder neglect lawsuits, spoke with KGET Channel 17 about the case.

“When incidents like this come up, then you start to wonder whether or not what they are saying in terms of what they provide is really true,” said attorney Neil Gehlawat.

Glenwood Gardens offers accommodations for independent living, assisted living, Alzheimer’s and Dementia care, and skilled nursing and rehabilitation. Concerned that Fink was unable to care for himself — as he would forget to eat meals and take his medications — his children decided it would be best for him to be admitted to a senior living community. Fink was admitted in March 2014.

But Fink was never authorized to use the pool, which needed a key for access. On Aug. 1, a receptionist handed Fink a key to the pool area. There were no lifeguards on duty.

“This is the only way that we think they’re actually going to learn their lesson from this and make changes so these kinds of things don’t happen again,” Gehlawat said.

The family, along with Chain | Cohn | Clark, has filed a lawsuit for wrongful death damages, and funeral and burial costs.

MEDIA COVERAGE

• Elderly man drowns at retirement community pool (The Bakersfield Californian – Aug. 3, 2015)
• Man found dead in Glenwood Gardens’ swimming pool (KERO-23, ABC – Aug. 3, 2015)
• Man found in pool at Glenwood Gardens dies (KGET-17, NBC – Aug. 3, 2015)
• Coroner confirms man’s drowning (KUZZ Radio)
• Chain | Cohn | Clark files lawsuit after man drowns in senior living facility (KGET-17, NBC – May 2016)