Naylor & Olmstead v. Sunwest Management, Inc., et al.

The plaintiffs charged that the defendants knowingly misrepresented caregiver staffing ratios and staff abilities to respond to residents' needs. The plaintiffs alleged that Sunwest Management intended to misrepresent the level of care provided to residents in the admissions contract. Therefore, the minimal caregiver staffing ratios provided in the defendants facilities violated Oregon contract law because the staffing ratios did not meet residents' needs such that residents suffered harm in the form of lost services that, based on the admissions contract, a reasonable person would assume were to be provided.

The plaintiffs alleged that the facilities had an insufficient number of custodial service personnel, many of whom were not properly trained or qualified to care for the residents. The plaintiffs further alleged that the inadequate staffing levels were part of the defendant's business plan. A key complaint is that the number of care-giving staff did not change in relationship to the resident's stated needs or service plans and that the plaintiff counted administrative staff as caregivers. The lawsuit seeks class-action status and seeks injunctive relief to require the defendant to increase caregiver staff numbers.