TRINITY, Fla. — A Pasco County memory care facility already under scrutiny for a resident who froze to death in a walk-in freezer is now seeking bankruptcy protection — just weeks after a judge ordered it to pay a $1.5 million arbitration award to another family.
Wellness Center of Trinity, doing business as The Waverly, filed for Chapter 11 bankruptcy earlier this month, court records show.
'Less than 12 hours'
For eight years, Stephanie Carle-Bearkland cared for her mother, Lily Carle, who lived with dementia.
She built an apartment onto her home so Lily could remain close to family.
"We built this on for her so that she could be with us and I could take care of her as long as possible," Carle-Bearkland said.
As Lily's needs grew, her family made the difficult decision to seek professional memory care. They chose The Waverly, which Carle-Bearkland described as clean, new and upscale.
"It looks like a five-star hotel. It's gorgeous. It's beautiful, and that definitely is what drew us in," Carle-Bearkland said.
The family's time at The Waverly was brief and devastating.
"So she lived there for less than 12 hours," Carle-Bearkland said.
Fatal falls and a traumatic brain injury
According to a lawsuit, Lily was admitted to The Waverly on May 1 and resided there until May 2, 2024.
The complaint alleged neglect and inadequate fall prevention resulted in preventable falls.
Carle-Bearkland said she received the first notification of a fall at 10:30 p.m. but was assured her mother was OK.
Hours later, she received another call informing her that Lily had fallen again and had been rushed to nearby Trinity Medical Center, where she suffered a broken hip and a major traumatic brain injury that would ultimately cause her death.
"She was absolutely screaming in pain. I could hear her screaming when I walked through the doors," Carl-Bearkland said.
Lily's family said she soon lost consciousness and never spoke to them again.
"I watched her deteriorate for the 25 or so days that she lived after the incident. It was as if she died that day, but the body just kept breathing," said Christopher, Carle-Bearkland's husband.
$1.5 million award, then bankruptcy
In May, a binding arbitration verdict awarded the family $1.5 million.
"Thank God we were granted an arbitrator and panel that really saw the negligence in this case — that they were not watching my mom or caring for her — and did give us an award that we feel was very fair," Carle-Bearkland said.
But the family has not been able to collect.
A judge's order issued May 21 gave The Waverly 45 days to pay.
The facility filed for bankruptcy roughly 40 days later.
The family's attorney, Spencer Payne, said one of the main reasons his clients could not collect the judgment was because the facility was underinsured.
"We have an insurance policy that's a million dollars except if a resident falls and injures themselves. In that case, it's only $100,000," Payne said.
He said that policy has already been exhausted by The Waverly's attorney fees.
Payne said the road ahead is uncertain.
"If we're unsuccessful, the picture is pretty bleak for our clients as far as collection goes, unfortunately," Payne said.
Concerns about ongoing care
Payne also raised concerns about the residents still living at The Waverly.
"I'm concerned. I have serious concerns about the quality of care that's ongoing there. Obviously, as you mentioned, we aren't the only claimant," Payne said.
The other family suing The Waverly is the family of Eugene Ray.
Last year, we reported that Ray, an 83-year-old Navy veteran diagnosed with dementia, walked out of his room and wandered around the facility unnoticed for hours.
He was finally found the next morning.
An autopsy determined Ray died of hypothermia.
The Waverly's bankruptcy and civil attorneys were contacted for comment but have not responded.
'Heartbreaking and cruel'
For Lily's family, the bankruptcy filing compounded an already painful ordeal.
"She was a person, and she was important to us, and for them to just negate that and say you don't deserve this and we're gonna play all kinds of games in order to not pay you is heartbreaking and cruel, honestly," Carle-Bearkland said.
The bankruptcy judge has ordered that a state ombudsman be assigned to The Waverly to make sure residents receive proper care as the bankruptcy case moves forward.
Share Your Story with Adam
Adam Walser has spent more than a decade fighting for what’s right in Tampa Bay as part of the I-Team. He’s helped expose flaws in Florida’s eldercare system and held leaders accountable for questionable HOA practices. Reach out to Adam with any issue you think he needs to investigate.
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