Arizona Daily Star | Stephanie Innes |
The family of a patient who died on the grounds of the Sierra Tucson rehabilitation center has sued the facility for wrongful death.
The lawsuit says that on the day before he became missing, a Sierra Tucson employee observed that Dr. Kenneth Litwack was having “suicidal thoughts.” The 71-year-old California physician told a worker at that time that he was lonely and felt he didn’t belong at Sierra Tucson because he was much older than the other patients, the suit says.
Litwack was found dead on the grounds of the upscale treatment center Aug. 30, two weeks after he was reported missing. He was suffering from anxiety and depression when he checked himself into Sierra Tucson for treatment Aug. 12, the lawsuit says.
The lawsuit, filed Jan. 3 in Pima County Superior Court, accuses Sierra Tucson of improperly supervising its patients and says “a drive toward improving profitability at the expense of patient care and safety caused Dr. Litwack’s death.”
Litwack’s body was discovered near Sierra Tucson’s stable about a quarter-mile from the main building, in an area off the facility’s footpaths and trails. It was so decomposed that an autopsy report could not determine how he died.
The acting executive director of Sierra Tucson said the facility intends to vigorously defend itself against the allegations.
“Sierra Tucson continues to be an industry leader in the treatment of addictions and behavioral disorders, has helped over 25,000 individuals over the course of our 28-year history, and maintains some of the highest clinical staffing ratios in this industry. We remain committed to providing high-quality client care at our voluntary treatment facility,” John Peloquin wrote in an email.
Sierra Tucson, 39580 S. Lago del Oro Parkway, which sits on 160 acres near the Pima-Pinal county border, prides itself on a method called the “Sierra Model.” It combines traditional and innovative therapies involving the mind, body, spirit and emotions. The belief is that only after healing progresses “beyond the symptomatic to embrace the whole person does real recovery begin.” Treatment costs about $40,000 per month per patient.
Peloquin said Sierra Tucson cannot publicly respond to specifics in the lawsuit due to federal health-care privacy laws, which prevent the facility from disclosing health information about specific patients.
“In addition, it is our policy not to comment on pending litigation,” Peloquin wrote. “However, what we can say is that we disagree with the allegations set forth in the lawsuit.”
The lawsuit says that when he checked into Sierra Tucson, Litwack told the facility to communicate and exchange information, including records, with the doctors who had been treating him in California. The suit says that neither doctor had a conversation or “substantive interaction” with Sierra Tucson during Litwack’s stay.
According to the lawsuit, Sierra Tucson officials noted that Litwack had social phobia, and increasing anxiety, and was alarmed by the thought of retiring from full-time medicine.
After Litwack’s death, the state fined Sierra Tucson $9,250 for multiple violations, including failing to appropriately allocate staff to supervise patients. The state also placed the facility on a probationary license.
Litwack, an infectious disease doctor in Orange County, was still practicing medicine at the time of his death. He had been married to his wife, Louise Litwack, for 46 years, and the couple has three children and three grandchildren.
The Litwack family is being represented by Tucson attorney Dev Sethi and Los Angeles-based attorney Kevin Boyle.
Did you know?
Recovering cocaine addict William O’Donnell Jr. founded Sierra Tucson in 1983 at the former Brave Bull Guest Ranch. The company has since been bought and sold several times.
Source: Arizona Daily Star archives
Contact reporter Stephanie Innes at sinnes@azstarnet.com or 573-4134.