The family of an Oregon man with a rare genetic eating disorder has filed a $5 million lawsuit against those who were tasked with caring for him after he allegedly died from eating spoiled food.
Dylan Lee Massie-Hardy, 31, died on May 14, 2023, after contracting a foodborne illness that his family believes was from stolen food left unrefrigerated while he was living in a state-run care facility, according to a lawsuit obtained by The Oregonian.
Massie-Hardy suffered from a genetic condition called Prader-Willi syndrome, which is the result of either missing genes on chromosome 15, two copies of genes or a change in paternal genes.
The error in genes on chromosome 15 often results in the inability to feel full and can cause obesity. Massie-Hardy also suffered from asthma, heart failure and sleep apnea.
His condition was so severe that he was living in the state-run Duressa Teshite Adult Foster Home in Silverton, a city outside of Salem.
'His records reflect longstanding and known risks associated with this diagnosis, including food hoarding and consumption of unsafe or non-digestible items,' the lawsuit stated.
The lawsuit, filed by his mother, Martha Hutton, said that Massie-Hardy was under strict supervision while in the home.
The refrigerator was locked at all times, he was not allowed into grocery stores, and was limited to consuming 2,000 calories per day.
A lawsuit filed on behalf of a man who died under state custody has accused the Oregon Department of Human Services, its Office of Developmental Disabilities Services, and the Duressa Teshite Adult Foster Home of negligence and wrongful death. The Human Services building in Salem is pictured above (file photo)
Dylan Lee Massie-Hardy suffered from a rare genetic disorder called Prader-Willi syndrome, explained above by the Cleveland Clinic
However, his family alleged that he stole food items from a supermarket during an unsupervised visit and hid them in his room, according to the lawsuit.
The food later spoiled, and he was transported to the emergency room with a foodborne illness.
The suit stated that unrefrigerated items were found in his room on April 12, and he was sent to the emergency room on May 1 with pain, nausea and vomiting.
Massie-Hardy was discharged, but returned to the hospital twice within 11 days. During his last visit, he started losing blood supply and suffered from hypovolemic shock, which ultimately took his life, according to the lawsuit.
Hypovolemic shock is often caused by severe dehydration, which can occur if foodborne illness goes untreated.
Massie-Hardy's family is alleging that the Oregon Department of Human Services, its Office of Developmental Disabilities Services, and the Duressa Teshite Adult Foster Home failed to establish a care plan and caused wrongful death.
Prader-Willi syndrome is caused by gene errors on on chromosome 15
The lawsuit claimed that the adult foster home did not properly search Massie-Hardy's room, even though he had a history of stealing and hiding food.
Massie-Hardy's family filed the lawsuit in Marion County court on Wednesday. Court filings included a death certificate. The defendants in the suit have yet to file a response to the allegations.
When asked for comment by The Oregonian Thursday, an employee of Duressa Teshite denied that Massie-Hardy's death was the facility's fault.
'I had given him very good care,' the unidentified employee said.
The Daily Mail has reached out to the home, DHS and representation for Massie-Hardy's family for comment.