New Details Emerge in Hermantown Senior Facility Rape Case

DULUTH - An amended civil complaint filed Tuesday in St. Louis County Court is providing more details about an incident of rape against an elderly woman at a Hermantown senior living facility.

Attorneys for the 89-year-old victim uncovered new details they believe show management at Edgewood Vista were trying to minimize their own risk rather than protecting the victim.

Andrew Merzwski, 30, of Duluth is already in custody after pleading guilty to third degree criminal sexual conduct.

He was sentenced to 53 months prison last month after admitting to giving the victim medications while he was her nursing assistant, then having sex with her against her will in January 2013.

The amended civil complaint filed against Merzerski, a director and nurse at Edgewood Vista, as well as the company itself claims that even after Merzwski admitted to the rape to the police and his employer, Edgewood Vista managers chose to wait several days to notify the victim's family and St. Luke's Hospital where she was being held in the mental health unit.

Although staff fired Merzwski, the suit also claims they never told the victim he was gone, nor did they provide a support system as she returned to the living facility.

Interviews with PAVSA advocates and hospital employees also detail concerns with the actions of the Edgewood Vista employees named in the complaint.

During an exam shortly after the incident the victim was quoted as saying, "I am so terrified that I park my scooter in front of my door because I don't want him to come back."

"It's outrageous because what we have is a cover up of a rape of a vulnerable adult," Mark Kosieradzki, attorney for the victim, said. "This family and this patient is trying to make a statement to prevent this from happening to other people in the future."

The victim is currently living in the Twin Cities near her daughter.

Attorneys for Edgewood Vista issued a statement Wednesday saying: 

Edgewood Vista Hermantown fully cooperated with local and state authorities in their investigation of the criminal matter involving Andrew Merzwski. We respect the outcome of that judicial process, and hope it will bring some closure. The safety of our residents is of the utmost importance, and we remain committed to our mission of providing quality resident services and maintaining a safe, homelike environment.