Avenue at Broadview Heights Sued Over Alleged Neglect, Death

BROADVIEW HEIGHTS, Ohio — A family has filed a wrongful death lawsuit against Avenue at Broadview Heights Care and Rehabilitation Center following the death of their 72-year-old father, who allegedly contracted a drug-resistant fungal infection that went untreated for nearly a year before he died from complications including sepsis.

Charles Brush of Seven Hills, Ohio, died on March 26, 2025, at a hospital approximately one month after being transported from the nursing facility in critical condition, according to court documents filed by attorney Michael Hill of Michael Hill Trial Law. The lawsuit names both the facility and its parent company, Progressive Quality Care, alleging medical negligence contributed to Brush's death.

The family's concerns intensified in February 2025 when Brush left a voicemail for his daughter Jennifer, who lives in Colorado. In the recording, as reported by local media, Brush sounded confused and stated he had been kept in isolation without explanation and had not been fed. "Yesterday, they kept me in isolation for I don't know why. Now they're doing it again to me," Brush said in the voicemail, according to reports. "I didn't eat yesterday. I didn't eat, probably not eating today."

Jennifer Brush immediately contacted the nursing home and asked her sister Heather, who lives locally, to check on their father. When Heather Brush arrived at the facility, she found her father's room sealed with the door closed, requiring her to wear a mask to enter, as reported by WOIO. She described finding her father huddled in a wheelchair wrapped in a blanket and shaking, noting the room temperature measured 52 degrees Fahrenheit. "He wasn't even acting himself, like at all. He didn't even know who I was," she told reporters.

When the family questioned facility staff about the isolation, they were initially told it was due to a staph infection, according to Jennifer Brush's account to media. However, the director subsequently disclosed that Charles Brush had tested positive for Candida auris, a drug-resistant yeast infection that poses significant risks to vulnerable populations.

The Centers for Disease Control and Prevention identifies Candida auris as a serious health threat because it is often resistant to multiple antifungal medications and can spread rapidly in healthcare facilities. The organism poses particular danger to patients with compromised immune systems or serious underlying medical conditions.

According to the lawsuit, medical records indicate that Brush had tested positive for the fungal infection in March 2024 — approximately one year before his hospitalization — but allegedly received no treatment during that time. "The fact that this was missed ... that there was an infection that was missed for a year is shocking," Hill told local media.

Four days after his daughter's visit, Charles Brush was transported to the hospital in Brecksville, Ohio, in critical condition. Emergency room staff informed the family that Brush appeared severely neglected, according to Jennifer Brush's statements to reporters. Hospital records documented multiple serious conditions upon admission, including a urinary tract infection, pressure ulcers on his heels and buttocks, and hypothermia.

The lawsuit alleges that on February 15, 2025, Brush fell while attempting to access the restroom. On February 22, 2025, he experienced a seizure and was hospitalized in septic shock, as reported by Law & Crime. Medical records from his admission documented a body temperature of 86 degrees Fahrenheit, along with hypoglycemia, acute respiratory failure, kidney injury, and metabolic encephalopathy, according to court filings.

Medical staff reportedly informed the family that Brush was septic from the urinary tract infection. Despite treatment efforts, Charles Brush died approximately one month after hospitalization. The coroner determined the cause of death as heart disease due to pneumonia, according to reports.

Administrator Dawn Barbour declined to authorize staff to comment on the situation when contacted at the facility, and the nursing home's attorney also declined to provide a statement, as reported by local media.

CMS Inspection History

According to Medicare's Care Compare system, Avenue at Broadview Heights Care and Rehabilitation Center maintains a below-average overall rating. The facility's most recent comprehensive inspection by state surveyors was conducted in November 2024, according to federal records.

Federal inspection data provides families with important context about a facility's compliance with health and safety standards. Nursing homes participating in Medicare and Medicaid undergo regular surveys to assess compliance with federal regulations covering quality of care, resident rights, and facility operations.

Families researching nursing homes can access detailed inspection reports, staffing information, and quality measures through Medicare's Care Compare website, which provides ratings based on health inspections, staffing levels, and quality metrics.

Ownership & Operations

The lawsuit names Progressive Quality Care as the parent company of Avenue at Broadview Heights. Corporate ownership structures in the nursing home industry can influence operational decisions, staffing levels, and resource allocation across multiple facilities.

Resources for Families

Families with concerns about care quality at nursing homes have several reporting options. The Long-Term Care Ombudsman Program advocates for residents of nursing homes, assisted living facilities, and other long-term care settings. The National Long-Term Care Ombudsman Resource Center operates a hotline at 1-800-677-1116.

Suspected cases of abuse, neglect, or exploitation should be reported to local Adult Protective Services agencies and state health departments that oversee nursing home licensure. Ohio residents can also file complaints with the Ohio Department of Health, which conducts facility inspections and investigates allegations of substandard care.

Families should document concerns with photographs, written notes, and medical records when possible. Federal law protects residents and family members from retaliation for filing complaints or reporting concerns about care quality.