CHICAGO (CBS) — The family of a 96-year-old man says the nursing home facility he lives in made him sick and he’s now facing eviction.
Charles Banas is a decorated World War II bomber pilot. He worked hard and raised a family, and he’s been living at Evanston’s Westminster Nursing Facility for the past 16 years.
But, a neglect lawsuit filed this month claims contaminated water from a burst sewage pipe over Banas’ bedroom last June was never properly addressed or cleaned by the staff. This left Banas seriously ill and unable to attend the 75th D-Day commemoration overseas.
“It went from pneumonia to them neglecting, actually leaving him unattended in their care facility for such a long time that he fell and broke his pelvis,” Banas’ son Mark said.
Charles Banas also had bedsores and became permanently disabled. Mark Banas says independent tests done by a private company found fecal matter and high levels of mold spores in his father’s unit.
“The family believes had the facility addressed the leak in a timely basis, had appropriately cleaned the unit, that the substance that caused the eventual affection would not have happened,” said Steven Levin, the Banas family’s attorney.
But, Mark Banas says the situation only got worse.
In May, Westminster filed suit to evict his father, despite a life care contracted signed in 2003 and more than $1 million already paid to the nursing care facility.
Banas and their eviction lawyer believe it’s retaliatory.
“To get him to stop, to get him to not complain — I think the original intent was to drop it,” Mark Banas said.
According to the eviction lawsuit, Westminster claims the elderly Banas owes them more than $50,000. His son and attorney say Westminster actually owes them money, over-billing Banas for years.
“This case is really a parade of horribles,” Levin said.
Now, both battles may end up in court. Banas’ children just want it settled and their father cared for properly.
“I think this is all very sad and confusing for him whereas it just makes me angry,” Mark Banas said.
A Westminster official says the facility has not yet been served with the neglect lawsuit, so he couldn’t comment on those claims. He also said he couldn’t discuss why Westminster was suing to evict Banas.