Nursing Home Supervisor Calls Alleged Rape Victim a “Flirt.”

The supervisor at a Minnesota nursing home defended her employee after he allegedly raped a resident, according to documents filed in a lawsuit brought against the nursing home.

The lawsuit seeks damages from the Edgewood Vista nursing home facility in Hermantown, MN, claiming that it failed to prevent its employee, 30 year-old Andrew Merzwski, from sexually assaulting an 89 year-old resident.  The lawsuit also claims that upon the reporting of the alleged rape, the resident was locked in a psychiatric ward for three days. Also, a supervisor and the clinical services director, Marilyn Moore, claim that the sex was consensual because the resident flirted with Merzwski “mercilessly.”

However, Nurse Examiner Theresa Flesvig testified that she was shocked to hear that Moore claimed the sex was consensual, and testified that she found a significant tearing during her rape examination of the woman.  The woman’s family also introduced evidence that the woman attempted to stop Merzwski from engaging in intercourse, after he took his clothes off while the pair were watching a movie.

The lawsuit seeks an unspecified amount of personal injury damages.  Merzwski is currently serving a four-year prison sentence after being convicted of raping the woman.

Every year, countless nursing home residents suffer as a result of Massachusetts nursing home neglect and abuse.  If your loved one shows any of the warning signs of Massachusetts elder abuse and neglect, please don’t hesitate another moment to learn about your legal options.  Call the highly experienced Boston, MA nursing home abuse lawyers, Boston personal injury lawyers or Massachusetts wrongful death attorneys at our Boston, MA nursing home abuse law office now at 617-787-3700 for a free and confidential consultation on your potential claim.  Our Boston, MA lawyers are available 24 hours a day, 7 days a week, to help you in your time of need.  You can also email our Massachusetts elder neglect attorneys, Boston, MA personal injury lawyers and Boston, MA wrongful death lawyers at

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