Alzheimer's sufferer claims injuries

Lawsuit alleges negligence and
fraud for injuries at adult home

By David Baker
Posted Wednesday, April 30, 2008

The operators of an assisted living facility in Guilderland are facing a lawsuit filed on behalf of a woman with Alzheimer’s disease who allegedly suffered serious injuries when she fell twice in four months.

The suit alleges that the Terrace at Beverwyck and its owners, Northeast Health Inc. were negligence in allowing Kathlyn Mellen to fall in October 2004 and again in February 2005.

As a result of these falls, the suit says, Mellen, who was 90 years old at the time, suffered severe personal injuries. She is no longer a resident at the home.

According to legal papers, Mellen moved into the Terrace at Beverwyck in September 2004. Prior to that, the suit says, she had been living on her own.

The suit, filed in state Supreme Court in Albany County, also claims damages for breach of contract and consumer fraud.

The allegations of fraud relate to what the suit says were “deceptive” advertisements and representations to the public.

Mellen is represented by attorney Sean Doolan of Windham, New York. The defendants’ attorneys are Carter, Conboy, Case, Blackmore, Maloney and Laird of Albany.

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