Case: U.S. v. Chester Care Center

2:98-cv-00139 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Jan. 13, 1998

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On January 13, 1998, the United States Attorney for the Eastern District of Pennsylvania filed a lawsuit in the United States District Court for the Eastern District of Pennsylvania against the Chester Care Center, Bishop Nursing Home, Manchester Nursing and Convalescent Center, Bishop Nursing Home, Inc., and Commonwealth Real Estate Investors. The Chester Care Center, Bishop Nursing Home, and Manchester Nursing and Convalescent Center were long-term care facilities in Delaware County, Pennsyl…

On January 13, 1998, the United States Attorney for the Eastern District of Pennsylvania filed a lawsuit in the United States District Court for the Eastern District of Pennsylvania against the Chester Care Center, Bishop Nursing Home, Manchester Nursing and Convalescent Center, Bishop Nursing Home, Inc., and Commonwealth Real Estate Investors. The Chester Care Center, Bishop Nursing Home, and Manchester Nursing and Convalescent Center were long-term care facilities in Delaware County, Pennsylvania certified to participate in the Medicare and Medical Assistance programs. Bishop Nursing Home, Inc. and Commonwealth Real Estate Investors were the owners and licensees of the facilities. The complaint alleged that the defendants schemed to collect payments from the federal government for services associated with the care of elderly residents when the care provided was inadequate. It alleged violations of the False Claims Act and claimed that the defendants were unjustly enriched by funds received from the federal government. The facilities failed to provide adequate nutrition and care to their residents. The complaint noted instances of improper wound and diabetes care.

The district court (Judge Louis H. Pollack) approved a consent order on February 4, 1998. The defendants agreed to pay $500,000 in settlement of the False Claims Act violation. The defendants agreed to the appointment of a monitor for all three facilities for at least two years, to implement treatment protocols for residents with diabetes, to provide individualized treatment plans, and to train staff in all areas covered by the order.

The PACER docket indicates that there were contempt proceedings in 2000 and 2001. The action was dismissed on May 7, 2002.

Summary Authors

Angela Heverling (5/21/2007)

People


Judge(s)

Pollak, Louis Heilprin (Pennsylvania)

Attorneys(s) for Plaintiff

Hoffman, David R. (Pennsylvania)

Sheehan, James G. (Pennsylvania)

Stiles, Michael R. (Pennsylvania)

Attorneys(s) for Defendant

Dodds, John C. (Pennsylvania)

Strine, Walter M. Jr. (Pennsylvania)

Judge(s)

Pollak, Louis Heilprin (Pennsylvania)

Attorneys(s) for Plaintiff

Hoffman, David R. (Pennsylvania)

Sheehan, James G. (Pennsylvania)

Stiles, Michael R. (Pennsylvania)

Attorneys(s) for Defendant

Dodds, John C. (Pennsylvania)

Strine, Walter M. Jr. (Pennsylvania)

Documents in the Clearinghouse

Document

2:98-cv-00139

Docket (PACER)

May 7, 2002

May 7, 2002

Docket

DOJ Press Release

No Court

Jan. 13, 1998

Jan. 13, 1998

Press Release
1

2:98-cv-00139

Complaint

Jan. 13, 1998

Jan. 13, 1998

Complaint
3

2:98-cv-00139

Consent Order and Judgment

Feb. 4, 1998

Feb. 4, 1998

Order/Opinion

Resources

Docket

Last updated Aug. 8, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. (fe) (Entered: 01/13/1998)

Jan. 13, 1998

Jan. 13, 1998

Summons(es) issued. Six Originals Forwarded to: counsel 1/13/98. (fe) (Entered: 01/13/1998)

Jan. 13, 1998

Jan. 13, 1998

Standard Case Management Track. (fe) (Entered: 01/13/1998)

Jan. 13, 1998

Jan. 13, 1998

2

Praecipe by PLAINTIFF UNITED STATES to Substitute the original signature of Lewis Morris, and Walter M. Strine, Jr., for the copy in the Consent Decree filed 1/13/98. (fe) (Entered: 01/16/1998)

Jan. 15, 1998

Jan. 15, 1998

3

CONSENT ORDER AND JUDGMENT RE: SETTLEMENT. ( SIGNED BY JUDGE LOUIS H. POLLAK ) 2/5/98 ENTERED AND COPIES MAILED. (fe) Modified on 02/05/1998 (Entered: 02/05/1998)

Feb. 4, 1998

Feb. 4, 1998

Case closed (jmp) (Entered: 02/09/1998)

Feb. 4, 1998

Feb. 4, 1998

4

MOTION by PLAINTIFF UNITED STATES FOR ORDER TO SHOW CAUSE WHY DEFTS SHOULD NOT BE HELD IN CONTEMPT , MEMORANDUM, CERTIFICATE OF SERVICE. (af) (Entered: 01/04/2000)

Jan. 3, 2000

Jan. 3, 2000

5

Praecipe by PLAINTIFF UNITED STATES to delete unredacted pages of UNITED STATES OF AMERICA'S MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE HELD IN CONTEMPT. (Copy of original filing attached, with pages deleted) (md) (Entered: 01/05/2000)

Jan. 4, 2000

Jan. 4, 2000

6

ORDER THAT DEFTS MANCHESTER HOUSE NURSING & CONVALESCENT CENTER, AND COMMONWEALTH REAL ESTATE INVESTORS, INCLUDING WALTER STRINE, JR., OWNER OF THE DEFTS, AND THE NURSING HOME ADMINISTRATOR OF MANCHESTER HOUSE NURSING, KATHY GILLAN, SHALL APPEAR BEFORE THIS COURT ON 1/11/00 AT 8:30 TO SHOW CAUSE WHY DEFTS SHOULD NOT BE HELD IN CIVIL CONTEMPT FOR FAILING TO MEET THEIR OBLIGATIONS UNDER THE CONSENT ORDER OF 2/5/98. FAILURE TO APPEAR SHALL BE CAUSE FOR A FINDING OF CONTEMPT. ( SIGNED BY JUDGE LOUIS H. POLLAK ) 1/5/00 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (md) Modified on 01/05/2000 (Entered: 01/05/2000)

Jan. 5, 2000

Jan. 5, 2000

7

STIPULATED ORDER THAT MANCHESTER HOUSE VOLUNTARILY BANS ALL NEW RESIDENT ADMISSIONS, UNTIL THE COURT FINDS THAT NEW RESIDENT ADMISSIONS ARE APPROPRIATE; DEFTS COMMONWEALTH REAL ESTATE, AND MANCHESTER HOUSE, AGREE TO THE APPOINTMENT OF A TEMPORARY MGR.; THE COURT HEREBY APPOINTS THE WHITMAN GROUP AS THE TEMPORARY MGR. WITH FULL AUTHORITY TO OPERATE MANCHESTER HOUSE AS SET FORTH IN THIS STIPULATED ORDER; THIS STIPULATED ORDER IS ENTERED BY THE COURT PURSUANT TO THE ATTACHED LETTER OF 1/14/00, TO THE COURT, FROM ASST. US ATTY DAVID R. HOFFMAN, ATTY FOR THE PLFF, WHICH LETTER WAS COPIED TO JOHN C. DODDS, ESQ., ATTY FOR THE DEFTS. ( SIGNED BY JUDGE LOUIS H. POLLAK ) 1/18/00 ENTERED AND COPIES MAILED. (md) (Entered: 01/18/2000)

Jan. 14, 2000

Jan. 14, 2000

8

Minute entry re: 1/13/00 hearing/conference. Court addresses counsel. Mr. Dodds addresses Court. Mr. Hoffman addresses Court. Court colloquy with counsel. Hearing set for 1/14/00 at 11:00. (md) Modified on 01/19/2000 (Entered: 01/19/2000)

Jan. 19, 2000

Jan. 19, 2000

9

STIPULATED MOTION by DEFENDANT COMMON REAL, DEFENDANT THE BISHOP NURSING, DEFENDANT CHESTER CARE CENTER, DEFENDANT BISHOP NURSING HOME, DEFENDANT MANCHESTER HOUSE NUR TO RESCIND APPOINTMENT OF TEMPORARY MANAGER , CERTIFICATE OF SERVICE. (ph) (Entered: 03/30/2001)

March 29, 2001

March 29, 2001

10

STIPULATION AND ORDER THAT COURT'S 1/14/00 STIPULATED ORDER IS HEREBY RESCINDED IN ALL RESPECTS, ETC. ( SIGNED BY JUDGE LOUIS H. POLLAK ) 4/2/01 ENTERED AND COPIES MAILED AND FAXED. (jl) (Entered: 04/02/2001)

April 2, 2001

April 2, 2001

11

JOINT MOTION by PLAINTIFF UNITED STATES, DEFENDANT COMMON REAL, DEFENDANT THE BISHOP NURSING, DEFENDANT CHESTER CARE CENTER, DEFENDANT BISHOP NURSING HOME, DEFENDANT MANCHESTER HOUSE NUR TO DISMISS ACTION , MEMORANDUM, CERTIFICATE OF SERVICE. (afm) (Entered: 04/24/2002)

April 24, 2002

April 24, 2002

12

ORDER THAT PARTIES' JOINT MOTION TO DISMISS ACTION IS GRANTED, DEFENDANTS' CHESTER CARE CENTER, BISHOP NURSING HOME AND MANCHESTER HOUSE NURSING & CONVALESCENT ARE DISMISSED WITH PREJUDICE. REMAING DEFENDANTS' SHALL CONTINUE TO COMPLY WITH CONSENT ORDER ENTERED ON 2/5/1998. ( SIGNED BY JUDGE LOUIS H. POLLAK ) 5/7/02 ENTERED AND COPIES MAILED AND FAXED. (afm) (Entered: 05/07/2002)

May 7, 2002

May 7, 2002

Case Details

State / Territory: Pennsylvania

Case Type(s):

Nursing Home Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 13, 1998

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Chester Care Center (Chester, PA, Delaware), Private Entity/Person

Bishop Nursing Home (Media, PA, Delaware), Private Entity/Person

Manchester Nursing and Convalescent Center (Media, PA, Delaware), Private Entity/Person

Bishop Nursing Home, Inc. , Private Entity/Person

Commonwealth Real Estate Investors, Private Entity/Person

Case Details

Causes of Action:

False Claims Act, 31 U.S.C. § 3729

Availably Documents:

Trial Court Docket

Complaint (any)

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: 1998 - 2002

Issues

General:

Food service / nutrition / hydration

Habilitation (training/treatment)

Individualized planning

Neglect by staff

Restraints : chemical

Restraints : physical

Staff (number, training, qualifications, wages)

Totality of conditions

Medical/Mental Health:

Medical care, general

Mental health care, general

Wound care

Type of Facility:

Non-government for profit