BROADVIEW HEIGHTS, Ohio — The family of a 72-year-old Seven Hills man has filed a wrongful death and medical negligence lawsuit against Avenue at Broadview Heights Care and Rehabilitation Center, alleging that staff at the 78-bed facility failed to treat a highly contagious infection for approximately one year before his death, according to a report by WOIO Cleveland 19 News.
Charles Brush died on March 26 at a local hospital, roughly a month after being transferred from the Broadview Heights nursing home in February. His two daughters, Jennifer Brush and Heather Brush, allege their father endured severe neglect during his time at the for-profit facility, as reported by Cleveland 19.
A Distressing Voicemail and a Welfare Check
According to the Cleveland 19 report, the situation came to light in February when Jennifer Brush, who resides in Colorado, received a voicemail from her father that raised immediate alarm.
"Jenny this is me. I want you to call me back as soon as you get my phone call. There's something going on here," Charles Brush said in the recorded message, as reported by WOIO. "Yesterday they kept me in isolation for I don't know why. Now they're doing it again to me. I didn't eat yesterday. I didn't eat, probably not eating today."
Jennifer Brush told Cleveland 19 that her father sounded disoriented and described his room being sealed off and not receiving meals. She contacted the facility and then asked her sister Heather to visit in person.
When Heather Brush arrived at the nursing home, she reported being required to put on a mask before entering a closed and sealed room, according to the WOIO report. She told reporters her father was not acting like himself and did not even recognize her.
Candida Auris and Hospitalization
Jennifer Brush told Cleveland 19 that when she pressed staff about why her father had been placed in isolation for a week, she initially received conflicting information. Nurses reportedly attributed it to a staph infection, while the facility's director indicated it was actually Candida auris, a drug-resistant yeast infection that the Centers for Disease Control and Prevention identifies as potentially deadly for vulnerable patients.
Four days after the welfare check, on February 22, Charles Brush was rushed to the hospital, as reported by WOIO. His family says medical professionals revealed the full extent of his deterioration at that time.
"He had a urinary tract infection. He had ulcers on the back of his heels and on his rear. He was hypothermic," Jennifer Brush told Cleveland 19. "He was septic from this urinary tract infection is what they said. And he just didn't come back from that."
Charles Brush died approximately one month later on March 26. According to the WOIO report, the coroner determined his cause of death was heart disease resulting from pneumonia.
Lawsuit Alleges Prolonged Failure to Treat
Attorney Michael Hill, who represents the Brush family, filed the medical negligence and wrongful death lawsuit against Avenue at Broadview Heights and its parent company, Progressive Quality Care, according to Cleveland 19.
Hill told WOIO that medical records indicate Charles Brush tested positive for the yeast infection approximately one year before he was ultimately hospitalized — and that the infection went untreated during that entire period.
"The fact that this was missed... that there was an infection that was missed for a year is shocking," Hill told Cleveland 19.
Hill also stated that medical records showed Brush had dangerously low body temperature and was septic upon hospital admission, as reported by WOIO.
According to the Cleveland 19 report, attempts to reach Avenue at Broadview Heights for comment were unsuccessful. Administrator Dawn Barbour reportedly told a WOIO reporter that staff members were not authorized to speak with the media. The facility's attorney also declined to comment.
CMS Inspection History
Federal inspection records maintained by the Centers for Medicare & Medicaid Services paint a concerning picture of Avenue at Broadview Heights that provides important context for the allegations in this lawsuit. The facility currently holds an overall rating of just 2 out of 5 stars from CMS, placing it below the national average.
The facility's health inspection rating stands at 2 out of 5 stars, while its staffing rating is 3 out of 5 and its quality measures rating is 4 out of 5. CMS records show a total of 37 deficiencies documented across 15 inspections on file.
The most recent full CMS inspection, conducted on November 25, 2025, resulted in multiple deficiency citations directly relevant to the type of care failures alleged in the Brush lawsuit. Inspectors cited the facility for failing to provide appropriate treatment and care according to physician orders and resident preferences. Additional deficiencies included failure to provide adequate food and fluids to maintain resident health, failure to ensure drug regimens are free from unnecessary medications, medication error rates meeting or exceeding 5 percent, and improper drug labeling and storage practices.
Federal regulations require nursing homes participating in Medicare and Medicaid to provide each resident with care and services that meet professional standards of quality. Facilities found to have patterns of substandard care can face enforcement actions including fines, denial of payment, and termination from federal programs.
Ownership & Operations
Avenue at Broadview Heights is classified by CMS as a for-profit corporation. According to the lawsuit reported by Cleveland 19, the facility operates under its parent company, Progressive Quality Care. The 78-bed facility's below-average federal ratings and documented history of care-related deficiencies raise questions about oversight at the ownership level — questions that the pending litigation may ultimately address.
Resources for Families
Families with concerns about the care of a loved one in an Ohio nursing home have several avenues for assistance and reporting. The Ohio Long-Term Care Ombudsman program investigates complaints and advocates for nursing home residents and can be reached at 1-800-282-1206.
The national Administration on Aging's Eldercare Locator, reachable at 1-800-677-1116, connects families with local resources and assistance programs. Additional information about long-term care ombudsman services is available at ltcombudsman.org.
Concerns about abuse, neglect, or exploitation can also be reported directly to the Ohio Department of Health, which oversees nursing home licensing and inspection in the state. Federal law protects individuals who file complaints about nursing home care from retaliation.
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