For the second time in five years, Life Care Center of Rhea County faces angry family members and legal action after a female resident at the Dayton facility reportedly suffered sexual assault at the hands of a male visitor.
According to a complaint filed in Rhea County Circuit Court last week, an 82-year-old resident with dementia was sexually assaulted in her room one morning last October when Harold Suttles, an elder, frequent male visitor to the facility, entered her room without permission and asked her to touch him sexually.
A nurse reportedly walked in on the resident and Suttles engaged in sexual activity. Suttles was later picked up by police and now faces two counts of sexual assault charges brought against him by a Rhea County grand jury, stemming from his encounters with her.
Harold SuttlesCourt documents also state that Suttles frequently visited the alleged victim's one-time roommate at Life Care before she was "inexplicably" moved, and that upon being notified of the nature of his crimes by police, Suttles said "You just can't have sex with nobody anymore."
Meanwhile, the lawsuit filed last week by the alleged victim's son criticizes the timeline of events that unfolded following the alleged October sexual assault incident at Life Care.
According to the court filing, Life Care staff and administrators waited six hours to call her family and local police after discovering Suttles allegedly assaulting her in her room.
"Upon information and belief, [two nurses] were advised by one or more employees of Defendants Life Care and/or Dayton Medical Investors to not report what occurred to the patient," according to court documents.
The filing explicitly states that the facility's administrator, Kate Swafford, knew about the incident and was complicit in the delay.
In a statement issued by Life Care Centers of America's public affairs office on Monday, Swafford says Life Care is committed to the safety and well being of its residents.
The statement also says officials at the Rhea County facility were "recently notified of a lawsuit regarding a former patient and an incident that occurred at our facility in 2014."
"We cooperated fully with the authorities initially and continue to do so," said Swafford in the statement. "Out of respect for the patient's privacy and adherence to HIPAA regulations, we cannot release his or her name or specific information.
"While this case is pending, we remain steadfast in our daily mission to serve and care for our patients."
Some of the allegations being brought against Life Care Center of Rhea County in this latest complaint mirror ones made before, when in 2010 a female resident was sexually assaulted and raped in her bed at Life Care's former location in the old county hospital building.
Zephania "Nicky" Cooper reportedly entered the room of an 88-year-old female resident early one morning in August 2010, did drugs in her bathroom and then violently assaulted her. He was later picked up by police and admitted to the crime.
In that case, family members of the victim sued and claimed in their lawsuit that Life Care staff and administrators waited nearly an hour to call police after finding evidence of sexual assault in their facility.
The female victim in that case died shortly after the incident, and her family sued Life Care for $5.75 million before settling out of court.
In the victim's case, family pulled her out of Life Care following last October's alleged incident, and she died earlier this year at a senior living facility in Chattanooga.
Her family is suing Life Care Center of Rhea County and Harold Suttles for a combined $5 million, levelling counts of negligence, negligent supervision and negligent infliction of emotional distress against Life Care, and counts of assault and battery against Suttles.
Contact staff writer Alex Green at agreen@timesfreepress.com or 423-757-6480.