Assisted living facility in Ware sued for negligence, breach of contract
WARE — The daughters of a woman who sought care for over 11 months at Cedarbrook Village in Ware are suing the senior living facility, alleging negligence.
Cheryl Brown and Lisa Radkowski-Lavelle, the adult daughters of the late Joanne E. Radkowski, allege Cedarbrook Village was negligent in its care of Radkowski and breached a contract, according to a lawsuit filed Jan. 14 in Hampden Superior Court. Radkowski died in 2023.
Radkowski was 87 when she was admitted to Cedarbrook Village in June 2022 with a dementia diagnosis and cognitive impairment issues stemming from a serious fall seven years before.
The senior living facility offers a variety of care to older adults, including independent living, assisted living, memory care and respite services, its website says.
When Radkowski was admitted to Cedarbrook, she was housed in an "intermediary care unit" between the Total Memory Care Unit and Independent Living Unit, the lawsuit says. She entered into a contract and agreed to pay $7,330 a month for rooming, boarding and specific services.
The daughters allege the center misrepresented assurances of safety for their mom.
"Joanne's daughters report that the services provided at Cedarbrook fell far short of these promises, leaving much to be desired," the lawsuit said.
Brown and Radkowski-Lavelle — the representatives of Radkowski's estate — are represented by Mark J. Albano, a Springfield personal injury attorney. Albano declined to comment on pending litigation.
Radkowski's daughters allege there were multiple times over months when their mother was left unattended or was injured.
The lawsuit alleges that Radkowski, in one instance, was "inappropriately left unattended in (a) hallway when the caretaker assisting her negligently and carelessly used the restroom without protecting Joanne or considering Joanne's needs."
A Hampden County family is suing Cedarbrook Village in Ware for negligence after their older mother, who was seeking dementia care at the facility, suffered many falls and eventually died in 2023. Jan. 21, 2026. (Douglas Hook / The Republican)Douglas Hook
Another time, Radkowski allegedly suffered a facial injury and a right eye contusion in an unwitnessed fall, which the daughters say was not reported to them and "did not result in additional fall risk precautions."
The daughters say that Cedarbrook Village breached its contract with Radkowski when staff members left her unattended. Then, in April 2023, Radkowski fell and fractured her left hip. She died more than six months later.
The Attorney General's Office said there have been at least two complaints against Cedarbrook Village since 2015, but it could not specify what the complaints allege. The Republican has filed a public records request for more information.
A reporter could not immediately reach Cedarbrook Village for comment on the lawsuit. On its website, Cedarbrook Village's Ware location announced it was awarded the 2025 Best of Senior Living award by A Place for Mom, a senior care referral service.
The facility is represented by John Flahive, a Springfield attorney. Flahive was not immediately available for comment.
Unattended falls
In April 2023, the day of Radkowski's fall, the facility was aware, from a pendant Radkowski wore that allegedly alerted them to her movements, that she had left her room and was wandering in the hall, the lawsuit alleges.
The lawsuit says a person in charge told one of Radkowski's daughters that an aide was assisting Radkowski in walking and then the aide went to the bathroom. When the aide emerged from the bathroom, "she saw Joanne on the floor in the immediately adjacent hallway," the lawsuit said.
The court filing says an aide was "involved in causing the fall," but does not name that aide as a defendant in the lawsuit.
After the fall, that same aide allegedly provided a handwritten statement about it, which the plaintiffs have a copy of, which suggests she was not responsible for the fall and was not aiding Radkowski prior to the fall.
The daughters say in the complaint that they asked Cedarbrook to preserve evidence and provide video footage to them related to the fall, as well as to their mother for six hours before the fall and six hours after it.
"Inexplicably, Cedarbrook, and its liability insurers, each failed to preserve and produce the video showing the fall and the complete contextual circumstances of its occurrence," the lawsuit said.
Radkowski underwent surgery for her left hip fracture at Baystate Medical Center on May 5, 2023. The following month, she was readmitted after developing an infection, the lawsuit said.
Following the injuries, Radkowski was transferred to rehabilitation facilities across the state, including St. Patrick's Manor in Framingham and Paine Estates Memory Care in Wayland. She was later transferred to a hospice in Newton.
Radkowski died on Oct. 9, 2023.
Her daughters claim that seeing their mother deteriorate in health was particularly difficult because "they believed that they had provided and ensured the best care for Joanne who, prior to the fall, was quite active and in decent physical health for an 88-year-old."
Brown and Radkowski-Lavelle say that Cedarbrook violated state laws in providing care to a dementia patient. They allege Radkowski fell at least twice during her stay at the facility between June 2022 and April 2023.
"The end of Joanne's life was no doubt hastened by this injury and the last days of her life were no doubt spoiled by this injury," the complaint says.
The daughters are requesting a jury trial.
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