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Family Files Lawsuit Against Denver’s Eating Recovery Center

A family from Virginia has initiated legal action against the Eating Recovery Center (ERC) in Denver, alleging that the facility failed to adequately address their daughter’s suicidal thoughts during her treatment. Jerry and Rebecca Music, along with their daughter, Allison Music, filed the lawsuit in the Denver District Court, claiming that ERC staff did not respond appropriately when Allison expressed her feelings of self-harm.

Allison, who was 16 at the time, entered the partial hospitalization program at ERC’s Spruce Street location in April 2023. This facility has since ceased treating eating disorders and now focuses on children and adolescents with anxiety and mood disorders. The lawsuit asserts that ERC, which has multiple locations in Colorado, did not implement necessary monitoring or interventions despite Allison’s escalating suicidal ideation.

The complaint details a troubling pattern of inadequate care. According to the Music family, Allison received only seven individual therapy sessions over a five-month period, as therapy was treated as a privilege rather than a necessity. The family also raised concerns about degrading practices at the facility, including instances where patients were made to eat food from the floor and were denied bathroom access.

Reports from former patients echo the Music family’s allegations, stating that similar practices exacerbated their trauma. ERC representatives have previously defended the facility’s approach, citing the high risk of death among patients with eating disorders and deeming some harsh measures as necessary for treatment.

The situation intensified when Allison reportedly expressed a desire to die. Following this, her family transitioned her to a full residential program. However, the lawsuit claims that the care plan offered no enhanced safety measures. In June 2023, Allison’s suicidal thoughts intensified after witnessing another patient attempt self-harm, a situation that, according to the lawsuit, went unaddressed by staff.

An investigation by the Colorado Department of Public Health and Environment took place in mid-August 2023, prompted by allegations that staff had not acted appropriately during suicide attempts at the Spruce Street facility. The inspection revealed that two patients had made repeated suicide attempts in June, yet leadership failed to send them for further mental health treatment, despite staff concerns about their safety. Leadership recommended a policy of “therapeutic ignoring,” which entailed staff disregarding self-harming behaviors, even in extreme cases where patients risked losing consciousness.

Dr. Anne Marie O’Melia, chief medical officer at ERC, previously stated that such practices contradicted the facility’s policies, and acknowledged that changes were made following the state’s intervention.

Despite the alleged shortcomings in care, Allison continued to express suicidal thoughts both verbally and in her journal throughout August and September 2023. Her parents became alarmed upon discovering that she had accumulated items such as socks and underwear, which could potentially be used for self-harm. ERC ultimately discharged Allison in late September 2023, citing her disengagement from treatment. Following her discharge, she attempted suicide but survived, suffering from post-traumatic stress disorder as a result of her experiences at the facility.

The Music family’s lawsuit emphasizes that Allison did not receive the compassionate and specialized care that was promised. Instead, they allege that she was subjected to punitive methods and a dangerous protocol that ignored critical self-harming behaviors.

As the case unfolds, the implications of the family’s allegations could resonate throughout the mental health treatment community, especially in a state where eating disorder services are increasingly in demand.

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