Family sues Indian River Estates claiming failure of alert system led to father’s death

PHOTO BY JOSHUA KODIS

The family of a former resident of Indian River Estates is suing the retirement community for wrongful death, claiming a failure of their emergency alert system led to their father’s death.

According to the complaint, filed in Indian River County Circuit Court, Neil I. Van Vliet fell to the floor of his independent living apartment at Indian River Estates on Sept. 3, 2022. After the fall, Van Vliet tried several times to activate a Red Alert signal to report a medical emergency using the alert system installed in his apartment, but no one responded.

Van Vliet’s daughter, Lisa Chatterjie, went to the apartment the next day to find her father still on the floor where he fell the day before, the complaint says. Chatterjie immediately called 911.

When paramedics arrived, they noted that Van Vliet had blood in the whites of his eyes, a 1-inch skin tear on his left elbow, and bruises on his lower ribs, the suit says.

Van Vliet also had “abnormalities concerning his blood pressure, pulse, oxygen saturation and blood glucose level,” the complaint says. He was admitted to Cleveland Clinic Indian River Hospital, but his condition declined overnight and he died on Sept. 5.

Chatterjie and her sisters Diana Van Vliet, Whitney Sherwood and brother Eric Van Vliet, accused Indian River Estates of being negligent in their father’s death and are seeking more than $50,000 and a jury trial. They are represented by Christopher Rotunda of Graves, Thomas, Rotunda Injury Law Group of Vero Beach.

Indian River Estates “breached the … duty to act reasonably in the care of … Neil I. Van Vliet by failing to provide him a safe environment, failing to evaluate, examine or monitor him appropriately, and by leaving him unattended without providing a functional medical emergency system and/or Red Alert personal supportive device.”

Lawyers for Indian River Estates, however, claimed Van Vliet “conducted himself in a negligent and careless manner” which caused his injuries and that the incident “occurred above and beyond the foresight of a reasonably prudent healthcare provider.”

Indian River Estates further alleged that Van Vliet’s death “was the result of natural causes and/or conditions” outside of the control of Indian River Estates. His death “occurred as a result of decisions made by (his) refusal to follow recommendations made by” Indian River Estates, the answer says.

No hearings have yet been set in the case. The judge is Cynthia L. Cox.

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