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Families object to settlement amounts in class action lawsuit against disgraced nursing home owner

January 17, 2025
Shay O'Connor - WDSU

    Louisiana (WDSU) -- On Thursday, a Jefferson Parish judge announced that families involved in a class action suit against disgraced nursing home owner Bob Dean would receive final payments soon.

This, as some plaintiffs appeared in court and pleaded for more money.

Hundreds sued Dean for transporting their older family members to a warehouse in Tangipahoa Parish during Hurricane Ida.

About a dozen people died at the site.

Mitchell Harris is the son of Debra Whiltberger.

"We didn't get justice through Bob Dean. He's living in a nice, beautiful mansion. We are here with nothing," Harris said.

Harris said his mom was 60 years old when she died just weeks after enduring horrid conditions at a warehouse in Independence in the wake of Hurricane Ida.

"She was bedridden. She had had several strokes. Couldn't walk or eat by herself. Had no water, during that time, no nothing. Just laid there. I don't know how she did it," Harris said.

Harris said his family was allocated $10,000 in an initial settlement, and he has to pay attorney fees out of that amount.

It's why he went before the judge to object.

"I'd rather take a loss and fight it than someone offer me an insult on what they think my mom's life was worth," Harris said.

He is not alone. Jeanette Triplette said her mom is still dealing with the latest effects from the terrible experience.

"You can't put a price on someone's life. You can't put a price on someone's quality of life," Triplette said.

More than 400 patients or their living family members are to split under $9 million in Bob Dean's insurance proceedings. Each of the families who participated in the class action lawsuit received allocation letters based on how much officials believed they are owed.

People received different amounts.

These requests come as attorneys said they feel the process has been smooth, given the circumstances.

"Watching from the outside, it seems like it's been longer. But inside the legal system, it has moved very quickly," said attorney Rob Couhig Jr.

Attorneys said most should have received at least two payments. The biggest lump sum is expected to go out to families. Another payment could follow based on what is left after that.

WDSU spoke with at least one family who said they received their allocation letter, but so far, no payments.

"None whatsoever. They sent like $1,000 and $1,700 out. We never got none of that," said Rachael Ayo, daughter of Ella May Alario.

Dean was sentenced to three years' probation last July and ordered to pay $2 million in restitution. There is expected to be another hearing to address the plaintiff's request.

The judge also said if he agrees to the objection it will slow the process for those families who objected. But he will look into the matter.

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