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First lawsuit filed in deadly Fall River fire
The lawsuit alleges Gabriel House did not have emergency response procedures in place leading up to last week’s fire, which killed 10.
A Gabriel House resident who survived last week’s deadly fire is now suing the assisted living facility’s owner, alleging the Fall River property was mismanaged, understaffed, and poorly maintained.
Steven Oldrid, 69, was “trapped in his room, suffered smoke inhalation, respiratory distress, and loss of consciousness” as flames tore through the assisted living facility the night of July 13, according to the complaint filed Monday in Bristol County Superior Court.
The lawsuit further alleges Gabriel House did not have emergency response procedures in place leading up to the fire, which killed 10 residents and injured dozens more.
Fall River fire:
“According to Mr. Oldrid, the place was not the Taj Mahal,” explained Robin Gouveia, an attorney representing Oldrid. “It was kind of a pretty run-down place. They didn’t have enough staff.”
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She said Oldrid, who lived at Gabriel House for about three years, has some underlying medical conditions that necessitate the use of supplemental oxygen and a motorized wheelchair. The level of care needed varied among Gabriel House residents, and life at the assisted living facility could be isolating at times, according to Gouveia.
“As [Oldrid] calls it, ‘This is kind of the last spot before you go,’” she recalled. “He says it was really not a nice place.”
Gabriel Care, the assisted living facility’s parent company, had not filed a response to the lawsuit as of Wednesday afternoon.
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“There are no words to adequately convey the depths of our grief and shock over the devastating events of July 13 at the Gabriel House,” facility spokesperson George K. Regan Jr. said in a statement earlier this week. “Indeed, to call what occurred that night a tragedy is an understatement. Our hearts are broken for the victims and their families; their losses will never be forgotten.”
He noted half of the Gabriel House staff had been with the facility a decade or longer.
“We take pride in knowing that we make assisted living possible for many community members in need who might not otherwise be able to obtain that assistance,” Regan added. “We are currently providing temporary housing to residents who were displaced by the fire.”
‘He doesn’t know how he survived’
Questions about Gabriel House living conditions and emergency preparedness began to swirl soon after the fatal fire. Current and former employees interviewed by The Boston Globe alleged the facility failed to perform fire drills and was both understaffed and poorly maintained.
“[Oldrid] says alarms went off all the time — you kind of got used to them and you didn’t really pay much attention, unfortunately,” Gouveia explained. She said Oldrid recalled seeing instructions posted on the back of his door that told residents to remain in their rooms and wait for someone to come get them if they heard an alarm.
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“And that’s exactly what he did, unfortunately,” Gouveia added.
Oldrid remains hospitalized at Saint Anne’s Hospital in Fall River as he recovers from lingering respiratory issues. Per court documents, he’s seeking at least $19,200 to cover his medical expenses, the final cost of which is still to be determined.
“He feels as though the Fall River Fire Department saved his life,” Gouveia said. “He doesn’t know how he survived; he’s very grateful that he survived, but it was a very traumatic experience.”
According to Gouveia, Oldrid has been emphatic that Gabriel House staffing levels were subpar leading up to the blaze. He believes only two employees were on duty the night of the fire, when the facility housed roughly 70 residents.
The July 13 fire was not even the first time Oldrid found himself essentially trapped in Gabriel House, according to Gouveia.
“About a year or two ago, the elevators were out of service for almost nine months, and the poor man didn’t leave the house, didn’t leave the residence, for nine months,” she alleged. “He couldn’t leave, because they didn’t have enough people to help him carry his chair down the stairs, carry him down the stairs. … So he remained there for several months, which is just — the isolation is just terrible.”
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She said Oldrid also told her the facility turned a blind eye to residents’ smoking habits.
“He says many residents smoked, and it was never enforced that they couldn’t,” Gouveia alleged. “And they smoked in their rooms, and there’s numerous residents on oxygen, so that combination is deathly.”
Fall River fire investigation continues
Authorities said Tuesday they’ve narrowed the cause of the fire down to one of two potential sources: a malfunctioning oxygen concentrator or the “improper use or disposal” of smoking materials in a resident’s room. The investigation remains ongoing.
Personal injury law firm Morgan & Morgan also announced last week it has been hired by a Gabriel House resident’s family to look into the fire. In a joint statement, Morgan & Morgan founder John Morgan and attorney Luke Mitcheson said the probe is examining “if the facility was adequately staffed and provided proper training to staff, potential code violations, and possible failures of fire safety equipment, including smoke detectors, fire alarms, and sprinkler systems.”
According to Regan, Gabriel House has provided authorities documentation of regular testing of the facility’s sprinkler system. The most recent test on July 8 showed the system to be in working order, he said, and investigators have collected several sprinkler heads for further investigation.
“Maintaining compliance with all safety and building codes has always been our priority,” Regan said, adding that the facility is working closely with state and local fire investigators.
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“We will continue to provide investigators with whatever assistance they need,” he continued. “We, like them, realize the importance of knowing exactly what caused this catastrophe, and if there were factors that made it worse. Our community, our residents, and most of all, the families who have suffered these unimaginable losses, deserve nothing less.”
Gouveia said she believes Oldrid’s lawsuit will uncover further details about alleged shortcomings at Gabriel House.
“We believe that discovery will reveal a lot more issues,” she said. “We haven’t even skimmed the surface yet, in our opinion.”
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