‘Body was badly decomposed’: Assisted living facility resident lay dead in his room for 9 days before staff finally noticed, lawsuit says.

A wrongful death lawsuit filed in Massachusetts has raised serious questions about resident monitoring and safety practices at an assisted living facility after a 64-year-old resident was allegedly left undiscovered in his room for approximately nine days following his death.

According to court documents, Felipe Dip, a resident of Chestnut Park at Cleveland Circle, an assisted living and memory care facility in Brighton, Massachusetts, was found dead in his room on July 21, 2023. By the time staff members discovered him, his body was reportedly in an advanced state of decomposition. The lawsuit, filed by his two sons in Suffolk Superior Court, alleges that numerous warning signs were ignored and that facility staff failed to conduct required welfare checks despite Dip’s prolonged absence from meals and a lack of detected movement in his room.

Family Files Lawsuit Seeking Accountability

The lawsuit was filed by Dip’s sons, Ricardo Dip Calimano and Benjamin Dip Gerber, who accuse the facility, its parent company Benchmark Senior Living LLC, and an unidentified staff member of negligence. The complaint alleges that their father was entrusted to the facility’s care and that staff failed to fulfill their responsibility to monitor his well-being and respond to signs that something was seriously wrong.

The family contends that the circumstances surrounding Dip’s death have caused them severe emotional distress and that they deserve answers regarding how such a prolonged period could pass without anyone checking on him. The lawsuit seeks damages under Massachusetts law and requests a jury trial. Some reports indicate that the plaintiffs are seeking at least $1 million in damages.

Who Was Felipe Dip?

Court filings identify Felipe Dip as a resident and patient at Chestnut Park at Cleveland Circle, an assisted living facility located in the Brighton neighborhood of Boston. At the time of the events described in the lawsuit, Dip was 64 years old and living under the supervision and care of facility staff.

According to the complaint, a staff member was specifically responsible for monitoring Dip and conducting regular welfare checks to ensure his safety and well-being. The lawsuit alleges that this duty was not carried out during the days leading up to the discovery of his death.

Allegations That Multiple Warning Signs Were Ignored

One of the central claims in the lawsuit is that Dip repeatedly failed to appear for scheduled meals over a period of nine days and that no one followed established protocols to check on him.

According to the complaint, residents at the facility were expected to attend regularly scheduled meals. The lawsuit further alleges that staff members were required to conduct welfare checks whenever a resident missed a meal. Despite this policy, Dip allegedly missed approximately 27 meals between July 12 and July 21, 2023, without any welfare check being performed.

The plaintiffs argue that such a prolonged absence should have immediately prompted staff intervention and an investigation into his whereabouts and condition. Instead, they claim that no employee entered his room or otherwise attempted to verify his well-being during that period.

Motion-Sensing System Allegedly Showed No Activity

In addition to missed meals, the lawsuit points to another alleged warning sign.

According to court documents, Dip’s room was equipped with a motion-sensing monitoring system designed to detect activity. The complaint states that the last recorded movement in his room occurred on or about July 12, 2023. Despite the absence of any detected motion for the following nine days, the lawsuit alleges that no staff member investigated the situation.

The plaintiffs argue that the combination of a resident missing meals and the lack of any recorded movement should have alerted staff that immediate action was necessary.

According to the complaint, these circumstances provided “ample and repeated notice” that Dip required attention and that intervention was warranted.

Discovery of the Body

The lawsuit states that employees finally discovered Dip’s body in his room on July 21, 2023.

By that point, according to the complaint, his body had been decomposing for approximately nine days. The filing repeatedly describes the condition of the remains as “badly decomposed,” highlighting the length of time that allegedly passed before staff entered the room.

The complaint alleges that during the entire nine-day period no welfare checks were performed, no investigation was conducted into his absence from meals, and no one entered his room to verify his condition.

Family Says Tragedy Could Have Been Prevented

The lawsuit argues that proper monitoring procedures would have led to a much earlier discovery and potentially prevented the circumstances that unfolded.

The plaintiffs allege that the facility failed to maintain adequate staffing, supervision, and resident-monitoring procedures. They contend that the failure to respond to obvious warning signs represented a breach of the duty of care owed to residents.

The complaint further states that the alleged neglect was so extreme that it foreseeably caused severe emotional distress to Dip’s immediate family members.

Facility and Parent Company Named as Defendants

The lawsuit names Benchmark Senior Living LLC, the company that owns and operates Chestnut Park at Cleveland Circle, as a defendant. An unidentified employee, referred to in legal filings as “John Doe” in some reports, is also named as a defendant because the family allegedly does not yet know the worker’s identity.

The complaint accuses the defendants of negligence, wrongful death, breach of duty, and negligent infliction of emotional distress. The plaintiffs seek financial compensation and a judicial examination of what occurred during the days before Dip’s body was discovered.

Benchmark Senior Living Responds

Benchmark Senior Living has publicly disputed the allegations made in the lawsuit.

In a statement provided to media outlets, a company spokesperson said that the health and safety of residents remain the organization’s top priority. While declining to discuss details because of the ongoing litigation, the company stated that it strongly disagrees with the characterization of events described in the complaint and intends to defend itself against the claims in court.

As of the initial reporting, court records indicated that a formal response to the lawsuit had not yet been filed.

Attorney Says Family Deserves Answers

Attorney Thomas E. Flaws, who represents Dip’s family, said the lawsuit is intended to uncover the truth about what happened and hold responsible parties accountable.

According to statements provided to news organizations, Flaws emphasized that families place significant trust in assisted living facilities to care for vulnerable loved ones. He stated that the allegations raise serious questions about whether that trust was honored in this case and said the family is seeking a transparent examination of the facts through the legal process.

Ongoing Legal Proceedings

The case is now moving through the Massachusetts court system, where the plaintiffs will attempt to prove that negligence by facility staff and management contributed to the circumstances surrounding Felipe Dip’s death.

The lawsuit has drawn attention because of the extraordinary allegation that a resident could miss 27 consecutive meals, show no recorded movement for more than a week, and remain undiscovered until his body had significantly decomposed. Whether those allegations are ultimately proven will be determined through the legal proceedings. For now, the case has intensified scrutiny of resident monitoring procedures and accountability standards within assisted living facilities.