PITTSBURGH – After a woman afflicted with multiple sclerosis and confined to a wheelchair was sexually assaulted by her in-home medical aide, the plaintiff has brought legal action against the assailant’s employer for not vetting them properly and failing to prevent the assault.
V.L. filed suit in the Allegheny County Court of Common Pleas on May 7 versus Seba Adobe Inc. (doing business as “Brightstar Care of SW Pennsylvania”) of Venetia and Brightstar Franchising, LLC, of Springfield, Ill.
“Plaintiff is an adult individual with serious medical conditions, including multiple sclerosis. Plaintiff is confined to a wheelchair and requires a feeding tube. Plaintiff requires in-home care in order to live safely. Plaintiff sought in-home care through Brightstar Franchising. Brightstar Franchising directed plaintiff to Seba Adobe’s southwest Pittsburgh location, as it was the nearest Brightstar facility to plaintiff’s home. Seba Adobe provided multiple in home aides to plaintiff. In or about April 2023, Seba Adobe assigned a new aide to plaintiff’s in-home care. Vanessa Callender started plaintiff’s in home care at this time,” the suit states.
“At some point in spring or summer 2023, Callender told plaintiff that she was fired from her prior job at UPMC Presbyterian for showing pornographic videos to someone at work. In spring and summer 2023, Callender started touching plaintiff inappropriately during her in-home care. On multiple occasions, Callender hugged plaintiff and kissed plaintiff’s cheek without consent. On or about June 28, 2023, Callender appeared at plaintiff’s home for an evening shift around 7 p.m. Callender undressed plaintiff and placed her in her bed. Callender proceeded to molest plaintiff’s breasts with her hands and an object. Callender proceeded to digitally penetrate plaintiff’s vagina and molest plaintiff without plaintiff’s consent. Callender then penetrated plaintiff’s vagina with an object without plaintiff’s consent.”
The suit continues that the plaintiff continuously told Callender to stop and yelled at her, before Callender then administered the plaintiff’s evening medications. Callender then allegedly told the plaintiff that “she would be back the next day to rape her again.” On or about June 29, 2023, Callender called the plaintiff on the telephone, but the plaintiff did not answer.
“On that same date, plaintiff reported the sexual assault to Pittsburgh police. Pittsburgh police advised plaintiff to report to Magee Women’s Hospital for a forensic rape kit. On or about July 28, 2023, Callender was charged with institutional sexual assault. On or about March 4, 2024, Callender pled guilty. Callender was an employee of defendants at the time of plaintiff’s sexual assault. During the investigation, Callender admitted to the Pittsburgh police detectives that she sexually assaulted plaintiff,” the suit says.
Callender pleaded guilty in March. The suit adds that upon information and belief, the defendants:
• Hired Callender after she was terminated from her previous position from showing pornographic images to a patient and/or coworker and did not possess a valid nurse’s license;
• Did not contact any references before hiring Callender;
• Did not run any background checks on new hires, including Callender, before hiring home health aides;
• Did not engage in any child abuse clearances on new hires, including Callender, before hiring home health aides;
• Did not inquire as to any employees’ license status before hiring for home health aide positions; and
• Did not require employees to comply with Home Care Agency Regulations, including: Conducting criminal background checks, conducting child abuse clearances, conducting TB screens, requiring a valid nurse’s license, demonstrating competency by passing an examination, requiring a nurse aide certification and training, and reviewing care workers’ competency on an annual basis.
For counts of negligence, gross negligence, outrageous and intentional infliction of emotional distress and negligent infliction of emotional distress, the plaintiff is seeking damages in excess of the jurisdictional limits plus interests, costs and any other such relief as this Court deems just and appropriate.
The plaintiff is represented by Amy E. Mathieu of HKM Employment Attorneys, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-24-005180
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com