Charles Banas is a decorated World War II bomber pilot. He hoped to attend the 75th D-Day commemoration overseas. However, he became sick when contaminated water from a burst sewage pipe over Banas’ bedroom last June was never properly addressed or cleaned by the staff.  Banas also had bedsores and became permanently disabled. The family says he’s now facing eviction after living at Westminster Nursing Facility for the past 16 years.

It went from pneumonia to them neglecting, actually leaving him unattended in their care facility for such a long time that he fell and broke his pelvis,” Banas’ son Mark said.  Mark Banas says independent tests done by a private company found fecal matter and high levels of mold spores in his father’s unit.

“The family believes had the facility addressed the leak in a timely basis, had appropriately cleaned the unit, that the substance that caused the eventual affection would not have happened,” said Steven Levin, the Banas family’s attorney.

In May, Westminster filed suit to evict his father, despite a life care contracted signed in 2003 and more than $1 million already paid to the nursing care facility.

According to the eviction lawsuit, Westminster claims the elderly Banas owes them more than $50,000. His son and attorney say Westminster actually owes them money, over-billing Banas for years.

“This case is really a parade of horribles,” Levin said.

Now, both battles may end up in court. Banas’ children just want it settled and their father cared for properly.

“I think this is all very sad and confusing for him whereas it just makes me angry,” Mark Banas said.

A Westminster official says the facility has not yet been served with the neglect lawsuit, so he couldn’t comment on those claims. He also said he couldn’t discuss why Westminster was suing to evict Banas.

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