‘Body Was Badly Decomposed’: Assisted Living Facility Resident Lay Dead in His Room for 9 Days Before Staff Even Noticed, Lawsuit Says

A wrongful death lawsuit filed in Massachusetts has raised disturbing 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 filings, staff members at the facility failed to notice repeated warning signs that should have triggered welfare checks, ultimately leading to the discovery of a badly decomposed body.

The lawsuit was filed by the sons of Felipe Dip, a resident of Chestnut Park at Cleveland Circle in Brighton, Massachusetts. The family alleges that facility staff neglected their responsibilities by failing to investigate when Dip repeatedly missed scheduled meals and when monitoring equipment reportedly showed no movement in his room for days.

Lawsuit Alleges Resident Was Left Unchecked for Nine Days

According to the complaint filed in Suffolk Superior Court, Felipe Dip was living at Chestnut Park at Cleveland Circle, an assisted living and memory care facility operated by Benchmark Senior Living LLC. The lawsuit claims that staff members failed to conduct required welfare checks after Dip stopped attending meals in July 2023.

The complaint alleges that Dip missed approximately 27 meals over a nine-day period. Despite his prolonged absence from scheduled dining activities, no staff member allegedly entered his room or investigated his wellbeing.

His body was eventually discovered on July 21, 2023. By that time, according to the lawsuit, his remains had reached an advanced state of decomposition. The complaint states that his body had likely been decomposing for approximately nine days before being found.

Missed Meals Reportedly Failed to Trigger Welfare Checks

One of the central allegations in the lawsuit concerns the facility’s purported protocols regarding resident attendance at meals. According to court documents, residents were expected to attend scheduled meals, and staff members were allegedly required to perform welfare checks whenever a resident failed to appear.

The lawsuit claims that Dip’s repeated absences should have prompted immediate concern. Instead, the complaint alleges that no welfare check was conducted despite his missing meal after meal over a period of more than a week.

Attorneys for the family argue that such prolonged absences from regular activities should have alerted staff that something was seriously wrong. The complaint maintains that the facility had multiple opportunities to identify a potential emergency but failed to act.

Motion Sensor System Allegedly Showed No Activity

The lawsuit also points to monitoring technology that was allegedly installed in Dip’s room. According to court filings, the room contained a motion-sensing camera system designed to detect movement.

The complaint alleges that the last recorded movement in Dip’s room occurred on or about July 12, 2023. Despite the lack of detected activity for nine consecutive days, the lawsuit claims that no employee investigated the situation.

Family attorneys argue that the combination of missed meals and the absence of motion should have provided more than enough warning that immediate intervention was needed. The lawsuit describes these indicators as repeated notices that Dip might require assistance or emergency attention.

Discovery of the Body

Employees at the assisted living facility reportedly discovered Dip’s body on July 21, 2023. According to the lawsuit, he was found in his bed after lying undiscovered for approximately nine days.

The complaint repeatedly describes the condition of the remains as “badly decomposed.” Family attorneys allege that the advanced state of decomposition demonstrates how long the resident remained unattended after his death.

The allegations have shocked many observers because assisted living facilities are generally expected to maintain regular contact with residents and monitor their wellbeing, particularly when significant deviations from routine occur.

Sons File Wrongful Death Action

The lawsuit was filed by Dip’s sons, Benjamin Dip Gerber of Massachusetts and Ricardo Dip Calimano of Puerto Rico. They accuse the facility and its operators of negligence and other failures related to their father’s care and supervision.

In addition to wrongful death claims, the complaint alleges negligence, breach of duty, and emotional distress. The plaintiffs argue that the circumstances surrounding their father’s death have caused severe and lasting emotional trauma.

Court filings indicate that the family is seeking damages of at least $1 million.

Family Attorney Demands Answers

Attorney Thomas E. Flaws, who represents the family, said the lawsuit is intended to uncover exactly what happened and determine who may be responsible.

According to Flaws, families place trust in assisted living facilities to ensure the safety and wellbeing of vulnerable residents. He stated that the allegations raise serious questions about whether that trust was honored in this case.

The attorney emphasized that the family is seeking a transparent examination of the facts and believes they deserve answers regarding the events leading up to Dip’s death.

Facility Owner Disputes Allegations

Benchmark Senior Living LLC, the company that owns and operates Chestnut Park at Cleveland Circle, has denied the lawsuit’s characterization of events.

In a statement provided to media outlets, a company spokesperson said that resident health and safety remain the organization’s highest priorities. The company also stated that it strongly disagrees with the allegations contained in the lawsuit and intends to defend itself through the legal process.

Because the litigation is ongoing, the company has not publicly addressed many of the specific claims made in the complaint.

Allegations Focus on Staffing and Supervision

Beyond the missed meals and motion sensor concerns, the lawsuit alleges broader failures involving staffing, supervision, and resident monitoring practices. The plaintiffs contend that the facility failed to maintain adequate systems to ensure residents were regularly checked on and protected.

According to the complaint, an unidentified employee responsible for monitoring Dip and conducting welfare checks has also been named as a defendant. The lawsuit refers to the individual as a “John Doe” or unidentified staff member pending further identification through legal proceedings.

The family argues that these alleged failures collectively allowed Dip’s death to go unnoticed for more than a week.

Legal Case Moves Forward

As of the latest reports, the lawsuit remains active in Suffolk Superior Court. The plaintiffs are seeking financial damages and accountability for what they describe as a catastrophic breakdown in resident care.

The case has drawn attention because of the extraordinary allegations that a resident in an assisted living facility could miss 27 meals, show no recorded movement for days, and still remain unchecked until his body was discovered in an advanced state of decomposition. The legal proceedings are expected to examine whether facility staff followed required protocols and whether negligence contributed to the circumstances surrounding Felipe Dip’s death.