The family of the woman who died last summer after sweltering in the outdoor courtyard of a Bend memory care facility that apparently was understaffed has filed a $17 million wrongful death lawsuit, according to documents filed in Multnomah County Circuit Court.

The family of Celia Hess, 76, had chosen Aspen Ridge Memory Care unit in Bend for Hess because it was clean and offered activities, said Melissa Finch, Hess’ daughter. 

“They really sold us on the place with the music and the activities,” said Finch. “We heard she had been outside too long, but at first we thought she might be ok. Later we found out she wasn’t ok and she wasn’t going to pull through. She never regained consciousness.

“She was relatively healthy other than having dementia.”

Hess died Aug. 30 of heat stroke after she had wandered into a courtyard dressed for winter when the temperatures were nearly 100 degrees. 

Calls and emails to Frontier Management, which manages Aspen Ridge, were not returned before deadline. 

Hess, a mother of five children, was placed in the memory care unit in 2022 because her dementia required more care. Her son, Kenny Hawes, who lives in Redmond, toured the facility and found it clean and offered a lot of activities, including singing and trips into town for ice cream.

These were two favorites of Hess, Hawes said. But over time Aspen Ridge offered less activities for their mom, Finch said. 

“We felt like they were cutting staff and cutting corners,” Finch said. “Human resources is the most expensive part of a business. We feel they tried to keep the staffing levels low as possible. 

“When I read through all the reports, I was horrified. The more details I’m learning, the more horrified and angry I feel. I always thought she’d outlive us all. She never was sick.”

A month after Hess died, the Oregon Department of Human Services found the facility did not meet adequate staffing levels and required Aspen Ridge to post a notice on its doors that the facility now is only allowed to admit one resident every 30 days.The facility also must train new employees for dementia and infectious disease.  And the facility must submit written reports to the department every two weeks, starting in April. 

 Immediately after the incident the facility was not allowed to accept any new residents.In addition, the facility was required to beef up staffing and put an alarm on the door leading to the courtyard where Hess had died.

The  licensing information on the department’s website only shows the facility has one or more active conditions on its license. In addition, the facility was required to beef up staffing and put an alarm on the door leading to the courtyard where Hess had died.

However, the Oregon Department of Human Services website does not indicate any inspections since Nov. 7, when two deficiencies were noted. Six rules were violated according to a Sept. 13 notice indicating the facility failed to provide a safe environment. 

Prior to Hess’s death, Aspen Ridge reported that Hess had slept through the night and showed no signs of pain or discomfort, according to the lawsuit. No  documentation was recorded by Aspen Ridge from 5:45 a.m. to 11:50 a.m .when she was spotted outside by a caregiver looking out a window to the courtyard.  

Hess was dressed in heavy winter fleece on top of a sweater and wearing pants, according to the lawsuit. The outside temperature was nearly 100 degrees. Emergency medical technicians addressed her heat stroke and found her in cardiac arrest. At the time of the incident, Aspen Ridge had one medical technician on duty caring for 40 residents. Two caregivers had called in sick and a decision was made not to call in additional staffers, according to the Oregon Longterm Care Ombudsman. 

“Mom was a very vibrant person,” Finch said. “She was filled with flair and charismatic. She loved to entertain and spend time with family and friends. She was spunky.”

Hess’s death was the third that has occurred from residents wandering outside a care facility in recent years in Oregon. In December 2023, a woman who had just moved into Mt. Hood Senior Living in Sandy, wandered outside and died. 

Gregory Kafoury, the attorney for the family, said his office also filed a wrongful death lawsuit on behalf  of a family after an Oregon man wandered off the grounds of a care facility and was found two days later having drowned in a creek. 

“These cases are basically the same,” Kafoury said. “The family arrives at a facility and sees the place is clean and lovely and is charged a lot of money. When the family leaves, the person with dementia is helpless and unable to advocate for themselves as the places cut staff. “