'Profit should never compromise care': Lawsuit alleges Houma nursing home evacuation led to resident's death

Oct. 1—Three children of a Houma nursing home resident who died after being evacuated to a Tangipahoa Parish warehouse during Hurricane Ida have filed a lawsuit against the facility and its owner.

Thomas Becnel Jr., Darren Becnel and James Becnel filed the lawsuit Friday in Terrebonne Parish on behalf of their late father, Thomas Becnel Sr., who was a resident at Maison DeVille in Houma, court records show.

Thomas Becnel Sr. died Aug. 30, one day after the Category 4 hurricane made landfall and left a trail of destruction in Terrebonne and Lafourche, according to the lawsuit.

It is the latest of several lawsuits filed against seven nursing homes and their owner, Bob Dean Jr. of Baton Rouge. At least seven deaths related to the evacuation have been reported. Lawsuits filed by families of those who died allege evacuees endured inhumane conditions, including being forced to sleep on concrete floors as water began seeping to the building.

The lawsuits allege more than 800 nursing home residents and staff rode out the hurricane as conditions started to deteriorate.

"During the botched evacuation, Thomas Becnel Sr. was neglected and his medical needs were left unmet, ultimately resulting in his untimely death," the latest lawsuit says. "The proximate, contributing and legal cause of Thomas Becnel Sr.'s injuries and death include the negligent, gross and criminally negligent action and/or inaction of Bob Dean Jr., as the owner and operator of Maison DeVille Nursing Home. Plaintiffs and plaintiffs' deceased relative were not at fault."

Thibodaux attorney Matt Ory of AMO Trial Lawyers, who represents the plaintiffs, said Dean was personally responsible for the ill-fated evacuation and how it was carried out by the staff of his seven nursing homes.

"Unfortunately for Mr. Becnel and the other residents, Dean appears to have placed expediency over safety and acted with utter disregard for the health and welfare of Becnel and the other residents," Ory said. "Dean ignored an evacuation plan that had previously been submitted by his nursing homes to the (Louisiana Department of Health), and in the end his conduct led to the deaths of numerous residents. It is our belief that Mr. Dean's conduct was so abhorrent that it rises to the level of criminal negligence, and Mr. Becnel's death was a criminally negligent homicide."

The lawsuit accuses Dean of failing to:

— Evacuate Maison DeVille in a safe manner.

— Follow the evacuation plan previously approved by the Health Department.

— Adequately oversee the evacuation.

— Communicate with Thomas Becnel Sr.'s family.

— Have adequate caregivers and supplies at the warehouse

— Use safe work practices and provide proper supervision for those working in the warehouse.

The plaintiffs are seeking a jury trial.

Baton Rouge attorney John McLindon, who represents Dean, said the Louisiana Department of Health approved the evacuation plan before the storm made landfall.

"The LDH had employees at the facility on Aug. 27 and Aug. 28, two days and one day before the hurricane made landfall," McLindon said in a phone interview Thursday. "The LDH checked it out and put in their report that there were plenty of supplies, water and everything looked good. And then unfortunately the storm shifted east and went over Independence, Louisiana, where the facility was. It caused some problems, but I don't think they're as bad as it's being portrayed."

McLindon said tough decisions were made quickly to protect evacuees from the dangerous storm.

"There were three buildings where people were being housed," he said. "Once they realized that the storm was coming right over them, they administrators made a decision to get everybody into the safest building. You're damned if you do and damned if you don't. They were forced to make decisions in a very tense and rapidly evolving situation."

The plan Dean submitted to the state was not the one that he carried out, Ory said.

"The state regulators did their jobs in this case," Ory said. "The system did not fail; rather, Mr. Dean blatantly flouted the rules, including ignoring a plan he previously drafted and submitted, and his criminal negligence led to this tragedy. In order to prevent something like this from ever happening again, the community needs to see Mr. Dean pay for his actions. Hopefully, the deterrent effect of facing financial ruin will discourage anyone entrusted with caring for our elderly citizens from ever attempting to cut corners during a future evacuation. Profit should never compromise care."

— Staff Writer Dan Copp can be reached at 448-7639 or at dan.copp@houmatoday.com. Follow him on Twitter @DanVCopp.

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