Lynnwood nursing assistant charged with manslaughter

Sunkyoung Oh’s defense called the charges “baseless,” “baffling” and a “travesty of justice.”

LYNNWOOD — State prosecutors have charged a Lynnwood nursing assistant with manslaughter for an accidental fall at a rehabilitation center that left a frail cancer patient with fatal injuries.

Sunkyoung Oh, 57, is accused of felony negligence leading to a death for an alleged failure to follow a care plan for a patient, identified in court records only as P.J., who was admitted to ManorCare in Lynnwood on Jan. 30, 2018.

Oh’s defense called the criminal charges “baseless,” “baffling” and a “travesty of justice,” and in a statement to The Daily Herald, asserted the state Office of the Attorney General report contained major inaccuracies and omissions.

The Attorney General’s office did not respond to a request for comment.

According to the charges, P.J.’s care plan, as well as a bedside overview of that plan, instructed staff to use a gait belt or a wheelchair to move the patient, when she needed to use the bathroom, for example.

P.J., 73, had just undergone chemotherapy at the University of Washington Medical Center for multiple myeloma. She was taking an anticoagulant medication to prevent blood clots, making her “exceptionally vulnerable in the event of a fall,” according to the charges filed in Snohomish County Superior Court by the Office of the Attorney General. The care plan required one or even two people to help her with daily mobility needs, and noted P.J. had “total dependence” on the care provider to move.

At ManorCare, the goal was for P.J. to regain strength, so she could return home to her family.

On the evening of Feb. 2, 2018, the patient felt too weak and tired to do physical therapy. Her son left the room to give her privacy. Oh helped her to the bathroom without the gait belt, and the woman fell, the charges say.

According to the defense, P.J. was using a walker. A walker isn’t mentioned in the charging documents.

One registered nurse wrote in a statement that Oh told her P.J. hit her head on the grab bar; another nurse reported Oh told her that the patient landed on her bottom; and the son told investigators Oh later said she she didn’t recall if P.J. hit her head. There were no signs of bleeding or bumps on the patient’s head — but “a short time later,” P.J. became sick, with a severe headache, according to the charges. (A civil lawsuit says she got sick about 1½ hours later.)

An EMS report stated the patient had a ground-level fall and hit her head on an object on the way down. That night a CT scan showed a subdural hematoma. However, that does not necessarily mean she suffered a major fall, and a complete lack of outward injuries suggest in all likelihood the bleeding around the brain was rooted in other medical issues, said Patty Eakes, a former King County prosecuting attorney, who is representing Oh through the Seattle law firm Calfo Eakes & Ostrovsky.

The following day, P.J. was transferred from Swedish Edmonds to Harborview Medical Center in Seattle.

Her brain shut down, and she died Feb. 3, 2018. A King County death certificate noted she died of the hematoma and blunt force injuries. According to Eakes, however, the physical evidence does not show blunt force.

In March, a Residential Care Services surveyor asked Oh if she remembered the fall. She did. In her account, P.J.’s son encouraged his mom to get up and to walk to the bathroom, rather than using a bedside commode, so Oh obliged.

“It was when she stood up to sink (sic) when one leg started give out so I was right there and helped her down onto sit on her bottom on floor. She didn’t hit head, she was able to talk after,” she reported, according to the charges.

Investigators showed up at her Lynnwood apartment in May 2019. Oh told them she’d retained an attorney, and wouldn’t speak with investigators.

“That the State of Washington would criminally charge Sun Oh with causing patient P.J.’s death is shocking and should be deeply distressing to all medical professionals, particularly hard-working (certified nursing assistants) and (nurses) who regularly care for fragile patients,” Eakes wrote in a statement to the Herald. “Why the State has decided to charge Ms. Oh in these circumstances is baffling to us and raises serious concerns about the integrity of this office and their exercise of prosecutorial discretion.”

The defense described Oh as someone who has “dedicated her professional life to helping others, … an excellent CNA who has no record of discipline, provides excellent care has been praised by the nurses she works with as a ‘wonderful CNA.’”

It’s rare for the state to file homicide charges against an on-duty health care worker.

“I’ve never seen anything like this,” Eakes said. “It’s just such an outlier.”

Oh has been certified to work as a nursing assistant in the state since December 2016, according to records from the Washington State Department of Health. Oh’s license was still active this week, with no public history of discipline.

She was charged with second-degree manslaughter Jan. 27. According to her defense, “there will be no evidence that Ms. Oh’s actions caused the death of P.J. and no evidence that her care of P.J. was criminally negligent.”

Oh pleaded not guilty at her arraignment last week. She was released on a promise to show up to her next court hearing set in April.

A separate civil lawsuit is on hold in Snohomish County Superior Court, pending Oh’s criminal case.

The civil case filed by P.J.’s family against ManorCare did not name Oh as a defendant. Instead it accused the facility of only checking P.J.’s vitals and doing neurological checks, and not taking more emergent actions for 1½ hours after she suffered “some kind of fall.”

Caleb Hutton: 425-339-3454; chutton@heraldnet.com. Twitter: @snocaleb.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

Traffic moves north and south along I-5 through Everett on Tuesday, Aug. 29, 2023. (Olivia Vanni / The Herald)
Snohomish County saw increase in traffic deaths in 2024

Even though fatalities fell statewide, 64 people died in Snohomish County traffic incidents in 2024, the most in nine years.

Some SnoCo stores see shortages after cyberattack on grocery supplier

Some stores, such as Whole Foods and US Foods CHEF’STORE, informed customers that some items may be temporarily unavailable.

A rainbow LGBTQ+ pride flag hanging from a flag pole outside of Lynnwood City Hall moves in the wind on Tuesday, June 10, 2025, in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood to develop policy after pride flag controversy

Earlier this month, the city denied a group’s request to raise an LGBTQ+ pride flag at a public park, citing the lack of a clear policy.

The Washington state Capitol on April 18, 2025. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Washington governor wants agencies to look for deeper cuts

The state’s financial turmoil hasn’t subsided. It may get worse when a new revenue forecast comes out this month.

Members of the California National Guard and federal law enforcement stand guard as people protest outside of the Edward R. Roybal Federal Building and Metropolitan Detention Center in Los Angeles, on Tuesday. (Philip Cheung/The New York Times)
Ferguson prepares for possibility of Trump deploying troops in Washington

The governor planned to meet with the state’s top military official Tuesday, after the president sent the National Guard and Marines to respond to Los Angeles protests.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.