Tanya Petrus hopes historic lawsuit will bring ‘justice’ after epileptic daughter dies in NDIS care home

Tanya Petrus buried her epileptic daughter in a party dress after she died in the bath at an NDIS care home — now she hopes a historic lawsuit will bring answers on her death.

As a guard of honour was formed by Star Wars stormtroopers at her daughter’s funeral, Tanya Petrus was desperately trying to come to terms with how the tragedy unfolded.

The grief-stricken mother of 20-year-old Merna Aprem, who died in a bath at a southwest Sydney disability care home, hopes a government lawsuit will uncover the truth about her daughter’s death.

In 2019, Ms Aprem died in the bath at a Woodbine group home run by NDIS provider Afford. She had been diagnosed with autism and epilepsy and concerns had been raised about her being left alone while washing.

Merna Aprem, who drowned two years ago in the bath at a care facility.

Photos and a Mothers Day card written to Tanya Petrus by her daughter Merna

Ms Aprem was buried in a special 21st birthday party dress and her mother wept as Star Wars stormtroopers — her daughter’s favourite characters — formed an honour guard at her funeral.

Documents unearthed by The Daily Telegraph this year appeared to show Afford was told Ms Aprem should be supervised while bathing — yet she was left in the bathroom behind a door that locked from the inside.

Her carers found her unresponsive with her mouth and nose submerged in the bath.

Despite efforts to save her she did not survive.

The federal watchdog, the NDIS Quality and Safeguards Commission, this week launched legal action against Afford in the Federal Court for alleged breaches of the NDIS Act.

The Commissioner, in court documents, claims Afford failed to provide Ms Aprem with a safe environment and proper supports breaching its responsibilities as an NDIS provider.

“(Afford‘s failures) placed Ms Aprem’s safety at real and significant risk,” the court document reads.

Tanya Petrus at the graveside memorial for Merna at Kemps Creek Cemetery. Picture: Jonathan Ng

“The Commissioner further contends that Ms Aprem’s death may have been caused or contributed to thereby.”

Ms Petrus has been desperately trying to find out why her daughter was left alone in the bathroom.

“All I ever wanted was answers and justice for my daughter Merna,” she said.

Ms Petrus says her life has been ruined by her daughter‘s death and she hopes the lawsuit will deliver her the answers she has spent almost three years fighting to unearth. The court documents spell out the Commissioner’s alleged timeline of Ms Aprem’s final night. The documents claim Afford’s two carers, rostered on at the care home that evening, had never worked in the facility before and did not know Ms Aprem was epileptic.

Important documents that instructed Afford’s carers on how to keep Ms Aprem safe were incomplete and had not been read by the carers, the lawsuit claims.

The Commissioner’s documents also notes Afford opened at least 19 new group homes and recorded a 35 per cent growth in revenue the year Ms Aprem died.

“Afford... had characterised the growth of its group home activities during that year as ‘exponential’,” the documents read.

Afford is yet to file any documents in the proceedings.