PSBR partner Robert Glassman and attorney Colin Duffy have filed a lawsuit against New Spirit Recovery LLC and its owner Arthur Kazanchian on behalf of the parents of 20-year-old Payton Davis who tragically died while seeking treatment for addiction. Plaintiffs allege Defendants falsely advertised 24/7 monitoring and support, which they failed to provide, and alleges the facility sacrificed the safety of their clients by employing individuals who were unqualified and untrained in meeting the needs of those in their care. Plaintiffs are also represented by co-counsel Hirad Dadgostar and Azadeh Gilbert of Dadgostar Law LLP.
On April 5, 2021 Decedent Payton Davis sought treatment for opioid addiction and admitted himself into New Spirit Recovery in Encino, California where he met with Defendants to develop an initial treatment plan. Defendants’ notes from this meeting indicate that they were aware that Payton had previously relapsed following residential treatment and that he suffered from mental health problems. Despite these factors, Defendants admitted Payton into their facility and accepted responsibility for his treatment which included being medically stabilized, completing a safe medical detox, and following the staff’s recommendations.
With the support of his parents, Payton was hopeful that with the 24/7 support and monitoring the residential rehabilitation facility advertised, he would be able to accomplish his sobriety goals. Unfortunately, within 10 days of his arrival, Payton was found unconscious from a Fentanyl overdose on the back patio of the facility and was taken to an emergency treatment center where he was placed on life support. On May 3, 2021, Payton succumbed to his injuries and died. The coroner determined his cause of death to be multiple organ failure as a result of methamphetamine/benzodiazepine intoxication – illegal drugs that he was able to access and ingest while admitted to New Spirit Recovery.
As stated in the complaint, New Spirit Recovery advertised, promoted and represented itself as a “luxury” treatment center providing 24/7 residential treatment and “assures you that our staff is there to support you 24/7.” The website highlights one of the “Benefits of Residential Treatment” at its facility is a “team of credentialed counselors, medical experts who are on constant stand-by and will be there to support you through your challenging times.” Despite these claims, New Spirit not only failed to provide 24/7 support and monitoring, but made misrepresentations to prospective clients and their families, including decedent Payton Davis, that they were a secure facility that was drug free and knew how to prevent or manage relapses in the facility. Even following Payton’s death, New Spirit Recovery continues to market its facility with such claims.
Payton’s family never could have imagined that when they dropped him off at New Spirit Recovery that he would never return home. The facility knew that Payton had recently relapsed and that he should have been under 24/7 monitoring at the time of his overdose but they failed to properly assess, refer, treat, and monitor him while he was under their care, and as a direct and proximate result, he died.
Plaintiffs, Payton’s mother and father, seek judgment against New Spirit Recovery and its owner Arthur Kazanchian for all past and future non-economic damages, past and future special damages, punitive damages according to proof, prejudgment and post judgment interest, as well as other and further relief deemed just and proper by the court.