MADISON COUNTY, Ind. — Parents of a woman with special needs have filed a wrongful death lawsuit alleging their daughter was forced to eat, choked and later died.
Annabroke Alverson of Anderson died on July 24, 2023, at the age of 24.
Her parents, Brian and Sandi Alverson, say Annabrooke’s caregiver Lisa Hudson and her employer, Assured Residential and Consulting, are to blame for their daughter’s death.
“For this to happen with somebody that we trust and a company that we trust, it's just heartbreaking,” said Sandi Alverson, Annabrooke’s mother.
They’re also raising concerns about what they call a lack of transparency at the Indiana Family and Social Services Administration (FSSA), the state agency that investigated the incident.
“She deserved to be safe,” said Brian Alverson. “It was a failure on every level.”
Annabrooke had autism and was nonverbal, yet she found ways to communicate with her parents.
“She loved her movies, her music,” said Sandi. “She was just happy. A happy girl.”
Annabrooke lived with her parents in Anderson, and they installed cameras inside the home.
“If I was in another room, I could see her,” said Sandi. “She did have seizures, so I wanted to make sure she was safe."
When the couple had to leave the home, they relied on caregiving services including Assured Residential and Consulting LLC out of Indianapolis.
On July 20, 2023, a worker from Assured Residential and Consulting named Lisa Hudson was home with Annabrooke.
The family says Hudson worked with them for years under other companies too.
“We fully trusted her,” said Sandi. “She had been in the home for a while.”
Through Alverson’s attorney, Amy Davis, WRTV Investigates obtained video clips from inside the Alverson home.
The audio transcription is based on what’s in the lawsuit and FSSA’s investigation records of this incident.
*WARNING: VIEWER DISCRETION IS ADVISED* The following video contains graphic imagery and intense subject matter that may be disturbing to some viewers.
Based on the video, at 6 p.m, on July 20, Annabrooke was watching Barney with her dogs nearby when she got up to walk to the kitchen where Hudson was sitting.
Annabrooke was out of view.
“Annabrooke stop it,” said Hudson.
Hudson pushed Annabrooke’s hand away.
A short time later, Annabrooke and Hudson were out of view of the camera but the recording picked up Hudson’s voice.
“You need to pull yourself all the way up,” said Hudson.
The dogs rushed into the kitchen.
“Eat it,” said Hudson. “Open.”
For several minutes, Hudson urged Annabrooke to eat.
“No, you’re not done,” said Hudson. “You’re gonna gag. Ridiculous. You think you’re gonna win, you’re not.”
Annabrooke then made a high-pitched sound, which the Alverson’s attorney said is caused when an object is stuck in a person’s airway.
“Spit it up,” said Hudson. “Well you gonna die on me? Come on.”
Hudson called 911, court documents allege the call happened five minutes after the first gagging sound was heard.
“She’s choking on pizza, and I can’t get it up,” said Hudson to the 911 operator.
At 6:16 p.m., she told the 911 operator, “She’s gone, she’s gone, she’s gone, Annabrooke, she’s gone.”
When first responders arrived on scene, Annabrooke had no pulse and was not breathing, according to the lawsuit.
First responders had to use a special tool to remove pizza from her throat and clear Annabrooke’s airway, the lawsuit said.
They rushed Annabrooke to the hospital, which is when her parents got the phone call.
“When I got to the hospital, that's when I knew it wasn't good,” said Sandi Alverson. “She had tubes everywhere and wasn't responding."
Annabrooke never recovered and died four days later on July 24, 2023 at the age of 24.
“It was the worst day of my life,” said Brian Alverson. “Annabrooke was a beautiful, fun, she was my daughter. I loved her with all my heart.”
“When we went back and looked at the tapes, that's when we realized something is not adding up,” said Sandi Alvesron. “Something is not right.”
They believe Annabrooke’s death was not an accident.
Brian Alverson filed a wrongful death lawsuit on January 14 in Madison County against Lisa Hudson and Assured Residential and Consulting LLC, alleging the company knew Annabrooke was a choking risk but failed to follow her dining plan.
“Her food was supposed to be cut in little pieces and given a little bit at a time," said Sandi.
A responding police officer found chewed-up pizza on the floor, which the lawsuit described as “the size of a baseball.’
“That big and it was down her throat,” said Brian. “It’s just, it’s wrong.”
Their lawsuit also alleges Hudson should not have been in their home on the day of the incident.
Hudson pleaded guilty and was convicted of theft on June 30, 2021. She was sentenced to probation.
State law prohibits companies from employing someone to work in a patient’s residence who has been convicted of theft within 10 years of the employment application date, read the lawsuit.
FSSA’s investigation found Assured Residential and Consulting hired Hudson on July 8, 2021 before completing a state background check.
“We did not know that. It’s horrific,” said Brian. “She was defenseless and nonverbal.”
WRTV Investigates reached out to Hudson via email and knocked on her door in Anderson. We left a business card, but we haven’t heard back from her.
WRTV Investigates also reached out to Assured Residential and Consulting and its attorneys.
We offered to sit down with them and watch the video of the incident.
They declined an interview, but provided a written statement on behalf of Assured Residential and Consulting.
“It was our privilege to provide essential supportive care for Annabrooke, and we are deeply saddened by the terribly unfortunate circumstances that led to her tragic passing. We have treated this incident with the utmost diligence and seriousness since it occurred, as we would with any matter concerning the well-being of our clients in need of support. Our organization of caregivers sympathizes with the young woman’s family and shares in their grief.
As to the civil lawsuit filed by Annabrooke’s family seeking monetary damages, it is important to recognize that the complaint contains only allegations. We remain committed to defending ourselves against the claims but cannot provide further comment while the legal case is pending.”
Assured Residential and Consulting provides Indiana Medicaid home and community-based waiver services, including respite service and transportation, read the lawsuit.
FSSA, the state agency that administers Medicaid in Indiana, conducted an investigation into Annabrooke’s death.
The state found multiple violations against Assured Residential and Consulting including that the company:
- Failed to train its staff prior to working with Annabrooke
- Failed to do proper background checks
- Neglected Annabrooke by failing to provide supervision and/or appropriate care and protection from harm
Staff member (Hudson) verbally abused Annabrooke
The state issued a corrective action plan that includes re-training staff and conducting an audit of employee files and background checks.
WRTV Investigates contacted FSSA asking if Assured Residential and Consulting has completed the corrective action plan and the requested audit.
“The case against Assured Residential and Consulting is closed,” said James Vaughn, spokesperson for FSSA in an email to WRTV. “The organization was fined and has completed all steps outlined in the corrective action plan. An inspection was not completed in this instance because the individual received services at home.”
WRTV Investigates tried to find more information about the fine on the FSSA website, as well as any additional information about the state’s interactions with Assured Residential and Consulting.
We couldn’t find any information.
As far as WRTV Investigates could tell, FSSA does not post inspection reports or summaries online for caregiving companies as they do for childcare facilities.
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Brian and Sandi Alverson say that needs to change.
“You can't see what they've done, if anything is improved,” said Sandi Alverson. “When you're looking for a company, you're not going to see those things. There's no transparency.”
The Alversons are calling for change at the state level.
“That's what we want to get out more than anything, aside from accountability, is transparency," said Sandi.
WRTV Investigates filed a records request on February 12 for documents related to the state’s investigation into Assured Residential and Consulting, including a copy of the audit and proof the company completed the corrective action plan.
We have not received any records.
However, on March 3 we received the following response from FSSA:
“Assured was fined $5,000 under IC 12-11-1.1-11(c) which was paid in December 2023. At the time of the incident, the individual in question was working as a home and community-based service (HCBS) direct support professional (DSP). This type of service does not include certified home health services. They were not delivering a certified home health service in this incident and not working as a Home Health Aid or Certified Nursing Assistant. Direct Support Professionals must have training on the support needs of the individuals they are working with and meet minimum qualifications (outlined in 460 IAC 6-14-5).
Published inspection reports do not exist for these types of in-home Medicaid waiver HCBS services. If an HCBS direct support professional was prosecuted for a criminal offense as outlined in 460 IAC 6-10-5, the criminal record would exclude them from future employment with another company or agency providing these types of Medicaid waiver services. Please see 460IAC-6-10-5 [in.gov] for the requirements for DSP background checks. There are no state records maintained by FSSA tracking whether or where this individual may be currently employed.”
The Alversons moved to Florida, away from the Anderson home that has too many memories of their only child.
“She was the reason why I got up in the morning, and she deserves justice,” said Brian.
