Case: People v. Villa Elizabeth - Butterworth

98-04541 | Michigan state trial court

Filed Date: 1998

Closed Date: Jan. 19, 1999

Clearinghouse coding complete

Case Summary

In 1998, the Michigan Attorney General's Office launched an investigation into conditions at the Villa Elizabeth Nursing Home in Grand Rapids, Michigan. The Office filed criminal charges against the facility for neglect of a resident under the state's Vulnerable Adult Act, MCL 750.145m; MSA28.342A (m), in the Kent County Circuit Court. Villa-Elizabeth had been charged criminally by the Attorney General's Office on February 18, 1998 with with one count of felony vulnerable adult abuse as a resu…

In 1998, the Michigan Attorney General's Office launched an investigation into conditions at the Villa Elizabeth Nursing Home in Grand Rapids, Michigan. The Office filed criminal charges against the facility for neglect of a resident under the state's Vulnerable Adult Act, MCL 750.145m; MSA28.342A (m), in the Kent County Circuit Court. Villa-Elizabeth had been charged criminally by the Attorney General's Office on February 18, 1998 with with one count of felony vulnerable adult abuse as a result of a dehydration death of a patient there in 1996.

On January 19, 1999, the Office entered into a Settlement Agreement with Villa Elizabeth and its parent corporation, Spectrum Health Continuing Care Group, to improve the quality of care by changing several policies at the facility. The court (Judge Dennis Kolenda) approved the Agreement the same day. The parties agreed that Villa Elizabeth would increase staff numbers and training, and in particular would discourage and report instances of abuse. They also addressed quality of and access to health care, including medical personnel, medication, hydration, and nutrition. The Agreement sought to improve the general level of care and attention patients received, especially in terms of nutrition, hydration, and necessary rehabilitative equipment. The Agreement, supervised by an independent monitor, was enforceable for two years.

The agreement included dismissal of the criminal charges against the facility, but stipulated that the charges would be dismissed without prejudice with the understanding that they could be reinstated in the event that the facility did not comply with the agreement. In addition, enforcement provisions in the agreement included the imposition of liquidated damages of $3,000 per day for each violation. It further provided that the costs of the monitor, compliance and any damage assessment would not be reimbursed by Medicaid.

We have only the Settlement Agreement and press release on file, so no further information is available in this case.

Summary Authors

Laura Uberti (6/18/2006)

People


Attorneys(s) for Plaintiff

Fraleigh, Michael J. (District of Columbia)

Attorneys(s) for Defendant

Gravelyn, Daniel R. (Michigan)

Attorneys(s) for Plaintiff

Fraleigh, Michael J. (District of Columbia)

Attorneys(s) for Defendant

Gravelyn, Daniel R. (Michigan)

Documents in the Clearinghouse

Document

98-04541

Quality of Care Agreement

No Court

Jan. 19, 1999

Jan. 19, 1999

Settlement Agreement

Attorney General Press Release

No Court

Jan. 21, 1999

Jan. 21, 1999

Press Release

Resources

Docket

Last updated Aug. 1, 2022, 3 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Michigan

Case Type(s):

Nursing Home Conditions

Key Dates

Filing Date: 1998

Closing Date: Jan. 19, 1999

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

Attorney General of Michigan on behalf of a resident of Villa Elizabeth complaining of neglect

Plaintiff Type(s):

Private Plaintiff

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Villa Elizabeth Nursing Home (Grand Rapids, Kent), State

Case Details

Causes of Action:

State law

Availably Documents:

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - 2001

Issues

General:

Assault/abuse by staff

Food service / nutrition / hydration

Neglect by staff

Record-keeping

Rehabilitation

Staff (number, training, qualifications, wages)

Totality of conditions

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Non-government for profit