Avenue at Broadview Heights Sued After Death - OH

BROADVIEW HEIGHTS, Ohio — The family of a 72-year-old man who died in March 2025 has filed a wrongful death lawsuit against Avenue at Broadview Heights Care and Rehabilitation Center, alleging staff failed to treat a dangerous fungal infection for an entire year, according to local news reports.

Charles Brush of Seven Hills passed away on March 26, 2025, approximately one month after being transported from the nursing home to a hospital emergency room. His daughters, Jennifer and Heather Brush, claim in the lawsuit that their father tested positive for Candida auris — a drug-resistant yeast infection — a full year before his hospitalization, but the facility never provided treatment for the condition.

Daughter's Voicemail Sparked Urgent Welfare Check

The family's concern intensified in February 2025 when Jennifer Brush, who lives in Colorado, received a distressing voicemail from her father. In the recording, Charles Brush expressed confusion about being placed in isolation without food for multiple days.

"I knew something was wrong with my dad," Jennifer Brush said in an interview with local media. "I called my sister right away because I'm not physically there, and I asked her to please go do a welfare check on him."

When Heather Brush arrived at the facility, she found her father in alarming conditions. According to her account, he was isolated behind a sealed door in a frigid room measuring just 52 degrees. He sat huddled in a wheelchair with a blanket, shaking from the cold, and appeared so disoriented that he did not recognize his own daughter.

Jennifer Brush said facility staff initially told her the isolation was due to a staph infection, but the director later confirmed it was Candida auris. The Centers for Disease Control and Prevention identifies this organism as a serious global health threat because of its resistance to multiple antifungal drugs and its potential to cause severe illness in vulnerable populations, particularly those in healthcare facilities.

Emergency Hospitalization Revealed Severe Neglect

Four days after Heather Brush's visit, Charles Brush was transported by emergency services to a hospital in Brecksville. According to his daughters, medical staff there informed the family that he had been severely neglected.

Hospital physicians found that Charles Brush was suffering from a urinary tract infection, pressure ulcers on his heels and buttocks, hypothermia, and sepsis, according to family accounts reported in local media. Medical records reviewed by the family's attorney show Charles Brush had a dangerously low body temperature and was septic upon hospital admission.

Attorney Michael Hill, who represents the Brush family, filed the medical negligence and wrongful death lawsuit in late 2025 against both Avenue at Broadview Heights and its parent company, Progressive Quality Care.

"The fact that this was missed ... that there was an infection that was missed for a year is shocking," Hill said in a statement to reporters. "It's frightening. It's a frightening situation."

Charles Brush remained hospitalized for approximately one month before his death on March 26, 2025. The county coroner determined the official cause of death to be heart disease due to pneumonia, as reported in news coverage of the case.

Attempts to reach Avenue at Broadview Heights for comment were unsuccessful, according to local news outlets. Facility administrator Dawn Barbour reportedly declined to comment, stating staff were not authorized to discuss the situation. The nursing home's legal counsel also declined to provide a statement.

CMS Inspection History

Avenue at Broadview Heights Care and Rehabilitation Center holds a below-average rating from Medicare, according to federal records. The most recent comprehensive inspection by state surveyors occurred in November 2024, as reported in coverage of the lawsuit.

Federal inspection records provide important context for families evaluating nursing home quality. Medicare's Nursing Home Compare website rates facilities based on health inspections, staffing levels, and quality measures, with ratings ranging from one to five stars.

Families researching nursing home options can access detailed inspection reports, deficiency citations, and complaint investigation findings through the Medicare.gov website. These publicly available records document regulatory violations and corrective actions required by federal and state authorities.

Ownership & Operations

The lawsuit names both the facility and its parent company, Progressive Quality Care, as defendants. Corporate ownership structure can be an important factor in nursing home operations, as management companies often oversee multiple facilities and establish policies that affect resident care standards across their portfolio.

Resources for Families

Families who suspect neglect or substandard care at a nursing home can contact their state's Long-Term Care Ombudsman program for assistance. Ombudsmen serve as independent advocates for residents and can investigate complaints confidentially.

In Ohio, concerned family members can reach the State Long-Term Care Ombudsman through the Ohio Department of Aging. The national hotline for ombudsman services is available at 1-800-677-1116, and additional resources can be found at ltcombudsman.org.

Families also have the right to file complaints directly with the Ohio Department of Health, which conducts nursing home inspections and investigates allegations of substandard care. Complaints can trigger unannounced survey visits to evaluate compliance with federal and state regulations.

The National Long-Term Care Ombudsman Resource Center provides guidance on recognizing signs of neglect, understanding resident rights, and navigating the complaint process. These services are free and confidential for all nursing home residents and their families.