Presley Gerber's death while in rehab is raising questions about when a treatment facility can be held liable for an overdose death.
The only son of supermodel Cindy Crawford and businessman Rande Gerber died at a sober living home in the Los Angeles area Sunday, Sept. 20, from what the Santa Monica Police Department described as a "suspected overdose." He was 27 years old.
John J. Perlstein, a wrongful death attorney based in Southern California, tells USA TODAY that overdose deaths "unfortunately" occur "quite often" at treatment centers, particularly "because you're in there with a lot of people who were addicted to drugs and know how to get drugs."
Who is responsible for Presley Gerber's death?
Authorities were called to a report of a possible overdose at the rehabilitation facility at approximately
9:35 a.m. Sept. 20. According to other 911 audio obtained by People and Page Six, the dispatch was also for "cardiac arrest." Gerber was found dead upon arrival.
Perlstein says a rehab center's liability for the death of a patient varies depending on several factors, including the types of services being offered. While it is unclear what type of treatment program Gerber was enrolled in, his specific treatment plan or what services the facility provided, Perlstein says negligence can involve both the actions of a facility and those of a patient.
"There can be negligence on the part of the facility. There can be negligence coupled with the acts of the individual themselves," Perlstein says.
The level of care can also determine what patients and their families can reasonably expect from a facility, Perlstein says.
Medical negligence, for example, involves a licensed healthcare provider who fails to meet their medical responsibilities. Perlstein explains, "If they have IVs going, or if they're medical detox unit, or if they have nurses who are administering things, or doctors or counselors, that comes to a degree of what would fall below the standard of care in the community medically."
Standard negligence can be a result of a facility's failure "to complete a duty or fall through on a duty" to act a certain way as promised, such as not having "enough security or monitoring of the people," Perlstein says.
"Let's say at a rehab facility that's a lockdown facility – if you didn't have enough security measures and somebody was allowed to buy drugs or have somebody come to a window, let's say, and sell them something, then [the facility] would be negligent in allowing that to happen," he adds, noting, "Then you get into a causation issue. Did that negligence cause the death, or did [the patient] cause their own death?"
Perlstein says in cases like Gerber's, there are several different elements that must be taken into consideration when determining fault.
"The exposure can be unlimited, but there's also the part where the individual plays a role in all of this," Perlstein continues. "They got themselves there, and then if they ingested drugs voluntarily, what it depends on is the exact factual situation you're dealing with."
The investigation into Gerber's death remains open, and the SMPD announced in a press release issued Monday, Sept. 21, that there is no indication of foul play. That same day, the Los Angeles County Department of Medical Examiner announced an autopsy of Gerber's body was complete and the case was deferred, meaning "additional testing and/or studies were requested in order to make a determination" on cause and manner of death.
A representative for Crawford and Rande Gerber, who are also parents to daughter Kaia Gerber, 25, previously confirmed their only son's death in a statement to USA TODAY: "The family is asking for privacy during this very difficult and painful time."
If you or someone you know is struggling with mental and/or substance use disorders, you can call the Substance Abuse and Mental Health Services Administration's free and confidential treatment referral and information service at 1-800-662-HELP (4357). It's available 24/7 in English and Spanish (TTY: 1-800-487-4889).
This article originally appeared on USA TODAY: Presley Gerber's death at 27 puts a spotlight on rehab safety
