Family of man found dead in North Miami nursing home closet hires attorney
MIAMI - Family members have hired an attorney after the decomposing body of their 71-year-old loved one was discovered in a closet of a North Miami nursing home.
In an exclusive interview with CBS News Miami, family attorney Philip Gold said he has already taken action in the case, filing a notice of a wrongful death claim, which is the first step in the legal process.
Family members said they turned to Gold to help them get answers after the death of Elin Etienne, a retired chef who came to the U.S. from Haiti more than 30 years ago and who had dementia after suffering two strokes. He had only been in the North Dade Nursing and Rehabilitation Center for a short time before he went missing.
Loved ones said anonymous callers told them he went missing on Aug. 22 and his body was discovered in a closet. They said they have not been able to get any answers from the nursing home despite repeated attempts.
"I need justice for my dad," Etienne's only child, his daughter Edeline Etienne, said as she fought back tears. "I cannot believe that my dad died like that. That's terrible."
"I want to know how he ended up in the closet, or I want to know if he was put in a closet and if he has he fighting for his life," said Etienne's niece, Rivly Breus.
"This can happen to anyone. It could happen to your family member, and so, I don't want this to repeat itself," she said.
"Maybe there was a rogue staffer?" Gold said. "We don't really know what went wrong here. What we do know is that what happened is unacceptable. There's an obvious negligent lapse in supervision."
"The family has been attempting to communicate," said Gold. "They have been in contact, and really they have been shut down with getting the answers they need."
"How could he go missing for 12 days and then end up dead and decomposing in a closet at the nursing home? This man and this family deserved dignity," he said.
CBS News Miami reached out to the nursing home on Wednesday, but our call was not returned.
The nursing center released a statement last week in which Administrator Stephanie Pena said, "We are deeply committed to the health, well-being, and safety of our residents… Our team is cooperating with the appropriate authorities."
She said her team are "compassionate caregivers."
The Agency for Health Care Administration, which regulates such facilities, issued a statement saying it was committed to the health and safety of all residents but could not comment about this case.
CBS News Miami has also reached out to North Miami Police, who say they can not comment right now because of the ongoing investigation.