Legal Action Raises Questions About Care for Vulnerable Adults Under the Baker Act
The tragic death of a Fort Myers woman, found deceased in a field days after being discharged from a mental health treatment facility, has sparked legal action and broader discussions about the care of vulnerable adults under Florida’s Baker Act.
Elena Lucia Barrabi, a 48-year-old with a history of mental health struggles, was admitted to SalusCare on June 4, 2021, after being deemed a danger to herself. She was released on June 6, 2021, following a 48-hour evaluation, despite records suggesting her condition required further stabilization. Elena was found deceased on June 10, 2021, approximately 2.6 miles from her home.
Timeline of Events and Critical Details
Admission and Discharge
- June 4, 2021: Elena was admitted to SalusCare under Florida’s Baker Act, which allows for involuntary mental health evaluations.
- June 6, 2021: She was discharged with a bus pass and no other provisions. Family members and law enforcement were not notified of her release.
Missing Person Report
- June 8, 2021: Elena’s family, unable to locate her, filed a missing person report with the Lee County Sheriff’s Office. Law enforcement initiated a search but faced challenges in obtaining information from SalusCare.
Discovery of Body
- June 10, 2021: Elena’s body was discovered in a field, where she had succumbed to dehydration after exposure to extreme heat over four days.
Allegations in Civil Lawsuit
Elena’s daughter, Daniella Paez, acting as the personal representative of her mother’s estate, has filed a civil lawsuit against SalusCare. The complaint, filed by Florida wrongful death attorney Diana Santa Maria, alleges the following:
- Vulnerable Adult Status:
Elena was classified as a vulnerable adult under Florida Statute §415.102(5). The lawsuit asserts that this designation required SalusCare to provide additional protections during her care and discharge. - Neglect in Discharge Planning:
The complaint alleges that SalusCare failed to provide adequate discharge planning, releasing Elena with no food, water, money, or means of communication. - Failure to Notify:
Family members and law enforcement were not informed of her discharge, leaving her without a support system. - Lack of Cooperation:
The lawsuit highlights SalusCare’s refusal to provide video footage or other information to law enforcement during the missing person investigation, which could have aided in locating Elena sooner.
Legal Proceedings
Court documents reveal the following timeline of legal actions:
- March 2022: An initial complaint was filed in the Circuit Court of the Twentieth Judicial District for Lee County.
- August 2023: The court denied SalusCare’s motion to dismiss the amended complaint.
- December 2023: SalusCare filed its affirmative defenses five months after the motion to dismiss was denied.
- March 2024: SalusCare’s motion for summary judgment was rejected by the court.
- December 2024: The trial is scheduled to begin.
Broader Implications
This case has raised important questions about the care and discharge protocols for individuals admitted under the Baker Act. Mental health facilities, tasked with ensuring the safety and well-being of vulnerable individuals, face increasing scrutiny regarding their responsibilities and the adequacy of their discharge planning.
Elena’s family has expressed hope that this lawsuit will lead to systemic changes, ensuring that other vulnerable adults receive the care and protection they need during and after treatment.
Marshall T Bower, President of the Foundation for the Lee County Public school systems and chairman for SalusCare inc. was contacted for comment, without success or a return call.
Heidi B. Panepinto, of Wicker Smith O’Hara McCoy & Ford, P.A., of Naples, FL, attorney for defendant. The office of Heidi Panepinto was contacted for comment, without success or a return call.
Publisher’s Note
This report is based on publicly available records, legal filings, and law enforcement reports. All allegations mentioned are part of ongoing legal proceedings and have not been proven in court. No conclusions should be drawn regarding the outcome of these proceedings.
Sources
- Florida Statute, §768.19 chapter 415, “Vulnerable Adult” affords protections and rights to Floridians §415.102(5): Definition of a vulnerable adult.
- Florida Baker Act: Statutory framework for involuntary mental health evaluations. Chapter 394 of the Florida Statutes,“The Baker Act,”(section 394.4625)
- Court filings and publicly available legal documents related to the case, including the amended complaint filed by attorney Diana Santa Maria. May 15th, 2023, Elena Barrabi’s amended complaint
- August 23rd,2023, Saluscare, defense’s motion for dismissal of amended complaint, denied
- March 19th, 2024 Saluscare’s attorneys motion for final dismissal of complaint, denied
- Statements from law enforcement agent deposition obtained during the missing person investigation.
- Medical examiner’s report and related public records on the cause of Elena Barrabi’s death.
- Public statements from attorney Diana Santa Maria, representing the Barrabi estate.
- Information compiled from law enforcement missing person records (CFS# 21-283171).
