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Adult foster home let man devour spoiled food until he died, knew he had a rare hoarding and eating condition but ignored safety plan to stop him: Suit

 
Inset: The "adult foster home" in Oregon where Lee Massie-Hardy was staying before he died (Google Maps). Background: The Oregon Department of Human Services building in Salem (KOIN/YouTube).

Inset: The "adult foster home" in Oregon where Lee Massie-Hardy was staying before he died (Google Maps). Background: The Oregon Department of Human Services building in Salem (KOIN/YouTube).

An adult foster home in Oregon let a morbidly obese man hoard and devour spoiled food until he died from a foodborne illness, a lawsuit says — accusing staff of ignoring a safety plan to monitor him.

Nurses and staff at the Duressa Teshite Adult Foster Home in Silverton knew Lee Massie-Hardy, 31, had a "well-documented diagnosis of Prader-Willi Syndrome, a condition characterized by impaired satiety, compulsive food-seeking behavior, and an inability to self-regulate food intake," according to a legal complaint filed by his mother. But they allegedly refused to follow "safety plans" put in place to restrict and supervise him.

Massie-Hardy died in May 2023 after allegedly contracting a foodborne illness.

"His body could not tell whether he was full or not," the complaint, which was obtained by Law&Crime, says. "His records reflect longstanding and known risks associated with this diagnosis, including food hoarding and consumption of unsafe or non-digestible items."

Since Massie-Hardy was diagnosed with morbid obesity and Prader-Willi Syndrome, it was "central to his care and safety plans" to not allow him to steal and hoard food in his living quarters, the complaint states. This led to the implementation of "multiple formal safeguards," including a safety plan restricting access to food, locking food storage areas, and limiting exposure to environments where food could be obtained.

"For an individual with Prader-Willi Syndrome, these duties necessarily require active enforcement and verification of compliance, not merely the creation of written plans or passive supervision," the complaint says. "However, the records show that these environmental controls were in fact not implemented or enforced."

One of the major restrictions put in place required that food purchases "occur only under supervision," per the complaint. Staffers were told in March 2023 to monitor Massie-Hardy's food intake at all times.

"Within weeks, he was found to have stolen and retained food items, including items stored in his room," the complaint alleges. "Mr. Lee Massie-Hardy was still allowed to leave the foster care home on his own without supervision on more than one occasion, giving him the opportunity to steal and hoard food back to his living quarters."

Massie-Hardy's mother says no schedule or program was ever followed to check whether he was hoarding food he shouldn't have in his room "or whether the proactive plans in place were accomplishing their stated goals," per the complaint.

"As a result of the failure to ensure that Mr. Lee Massie-Hardy's care plans and safeguards were being enforced … Massie-Hardy presented to the emergency department with abdominal pain, nausea, and vomiting following food consumption of perishable items that were not refrigerated," the complaint says. "Healthcare providers considered diagnoses including viral gastroenteritis and foodborne illness."

Massie-Hardy allegedly went to the ER on May 1, 2023, and again on May 2, 2023, as he continued to experience severe symptoms of the foodborne illness. He died on May 14, 2023, after suffering hypovolemic shock, with contributing cardiac complications.

"The exact mechanism of illness does not alter the central fact that unrestricted access to unsafe food, despite known risks and required safeguards, directly led to the medical crisis that resulted in his death," the complaint concludes.

In addition to the foster home, Massie-Hardy's mother is suing the Oregon Department of Human Services and its Office of Developmental Disabilities Services. Massie-Hardy was "in the custody of DHS" and enrolled in services through Marion County Adult Intellectual Disabilities while residing at the Duressa Teshite Adult Foster Home, per the complaint.

DHS officials did not respond to Law&Crime's request for comment. The agency declined to comment when contacted by The Oregonian about the lawsuit.

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