elderly

Failure to Provide A Nursing Home Resident Medication Leads to Brain Injury and Death – $12 Million Lawsuit Filed

The Lund Report recently reported on the $12 million lawsuit that Ross Law filed in Multnomah County Circuit Court. The lawsuit alleges that severe negligence at a senior living and memory care center, Ackerly at Reed’s Crossing, caused a 71-year-old man to suffer permanent brain damage, which ultimately led to his death. The estate of Larry Pederson is seeking more than $12 million from The Ackerly at Reed’s Crossing and its parent company, Seattle-based Leisure Care.

Pederson moved into The Ackerly on July 2, 2024, with assurances that the facility would manage his complex medication regimen—a critical component of his care. Just three days later, he was found unresponsive and was hospitalized with severe brain damage caused by an apparent seizure. Medical staff found no trace of any of his essential medications in his system, including two powerful anti-seizure drugs: Levetiracetam (Keppra) and Divalproex.

The suit alleges that Pederson never received a single dose of his medications during his first three days at the facility. Even more troubling, staff allegedly failed to perform wellness checks, and no one informed hospital personnel of the missed medications, delaying critical medical care.

Ackerly management reportedly self-disclosed the incident to Oregon’s Adult Protective Services days later, admitting that Pederson’s medications—including Lacosamide and others—were never entered into their medication system. By then, the damage had already been done.

The brain injury Pederson suffered triggered a cascade of devastating effects. The lawsuit describes a heartbreaking decline: physical weakness, cognitive impairment, impaired speech, incontinence, tremors, and a severe loss of independence. He died on February 23, 2025—just eight months after entering the facility.

Portland Personal Injury Attorney Jeremiah Ross, representing Pederson’s estate. Ross contends that the facility’s failure to administer medication as promised directly led to the seizure that caused Pederson’s irreversible injuries and early death.

This case shines a stark light on the dangers vulnerable seniors face when facilities fail to uphold basic standards of care. When families entrust their loved ones to a memory care facility, especially one offering medication management services, they have every right to expect competence, diligence, and above all, safety. Tragically, Larry Pederson received none of those—and needlessly died as a result..

Ross Law continues to advocate for families who suffer when corporate or governmental systems break down, ensuring all that who are responsible are held accountable. If you know a senior citizen or vulnerable person that has been injured, neglected, physically abused, sexually assaulted, or killed due to the failures of a care facility, memory care facility, residential care facility, then please call 503.224.1658 to speak with Ross Law to discuss your options.

When Should An Elderly Driver Stop Driving?

Many elderly folks rely on their vehicles as their only source of transportation.  These folks regularly get behind the wheel just as the rest of us do.  However, there is a point where everyone needs to realize they are not physically and mentally able to perform the complex task of driving a vehicle anymore.   All too often we read about crashes where an elderly person crashes into a building because they confuse the brake and gas pedal, or makes some other unexplainable error.  Many of these incidents are minor and thankfully no one gets injured. However, some folks are not that lucky.  

Yesterday a 94-year-old driver killed her 92-year-old passenger in a parking lot crash.  The 94-year-old backed into a car in the parking lot, then suddenly accelerated into a tree causing the car to flip over.   This crash killed the 92-year-old driver.   This is an awful tragedy that could have likely been prevented if the 94-year-old had realized she shouldn't be on the road. Many people know they are having difficulties, but are too stubborn to admit it and stop driving.   This can lead to the tragic outcomes.  This can also lead to claims for punitive damages against the elderly driver or their estate. 

Here are some tips from the National Institute of Aging if you are worried about your driving:

1) You May Have to Stop Driving Due to Joint Stiffness Or Pain:  See a doctor if you are having stiffness or pain when you drive.  If you can't drive without pain or stiffness it may be time to hand over the keys.  This is due to the fact that the pain is going to prevent you from performing tasks such as moving the steering wheel, pressing the pedals, turning your head to check your mirrors.  These tasks must be performed without impairment.

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2) If You Can't See Clearly You May Have to Hand over the Keys:  Vision issues affect most everyone, including myself.  However, if a person cannot see clearly even with glasses they shouldn't be on the road.

3) Your Hearing Troubles May Make You An Unsafe Driver:  Driving is a complex task that requires almost all of our senses. We rely on hearing to alert us to dangers and to hear sirens and commands.  If you can't hear clearly and are unable to make adjustments to compensate for the loss of hearing then it may not be a great idea to drive. 

4) Your Medical Issues or Age Affect Your Mental Abilities:  Many people suffer from memory issues, dementia, Alzheimer's, routine minor strokes, or seizures.  These can be deadly diseases if a person gets behind the wheel because the illnesses will impair the person's ability to safely drive.  Aging also affects your reflexes and reaction time.  These cases are tragic when an elderly person kills or injures another due to their mental issues, or simply not having the reflexes to safely drive.  If you are at an age where your mental issues are impairing your driving you should probably stay off the road.  

5) Your Medications May Impair Your Driving:  Medications can cause you to be an impaired driver.  This means you are committing the same crime as a person that chugs a six pack and hits the road.   If you cause a crash then you will likely be arrested and convicted of DUII.  However, your main concern should be that you may injure or kill someone as a result of ingesting your prescribed medication.  Follow the warnings and doctors advice.  If you have to take medication that makes it unsafe to drive, then do not drive.

If you have more questions about elderly drivers feel free to call Jeremiah Ross at 503.224.1658.  If you, or someone you know, has been injured by an elderly driver call Portland Personal Injury Attorney Jeremiah Ross at 503.224.1658.  Ross Law gives a free case evaluation for personal injury clients.  DO NOT RELY SOLELY ON THIS POST TO DETERMINE IF YOU SHOULD BE DRIVING, SEE YOUR MEDICAL PROVIDER OR THE DEPARTMENT OF MOTOR VEHICLES.   This post could be considered attorney advertising.