HOUSTON — A senior living facility is facing a negligence claim after a employee improperly suctioned a patient's mouth which allegedly contributed to her death. 

Charles Cupp, individually and on behalf of the Estate of Aneta J. Cupp, deceased filed a complaint Nov. 3 in Harris County District Court against ARC Post Oak doing business as Brookdale Galleria and others alleging negligence. 

The plaintiff alleges that while under the care of Brookdale Galleria, Aneta Cupp required suctioning to her mouth. He claims that as a Brookdale employee attempted to suction Cupp's mouth, she forced the tube into her mouth and that the "overly aggressive and improper suctioning" resulted in heavy bleeding and loss of blood.  

The plaintiff alleges Cupp's bleeding from the mouth and throat contributed to her death. He futher alleges the defendants did not exercise the degree and skill of care of a reasonable and competent medical professional and that Brookdale's employee "proceeded with conscious indifference" to Cupp's safety and welfare. 

Cupp seeks monetary relief of more than $1 million, interest, trial by jury and all other just relief. He is represented by Daniel Dutko of Rusty Hardin & Associates LLP in Houston. 

Harris County District Court case number 2021-72400