University of Michigan Law School
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Case Name U.S. v. GMS Management-Tucker NH-PA-0001
Docket / Court 2:96-cv-01271-JD ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Nursing Home Conditions
Case Summary
On February 21, 1996. 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 GMS Management-Tucker, Inc. and Tucker House II, Inc. GMS Management was a for-profit corporation and ... read more >
On February 21, 1996. 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 GMS Management-Tucker, Inc. and Tucker House II, Inc. GMS Management was a for-profit corporation and Tucker House II was a non-profit corporation. Tucker House II hired GMS to provide care to residents of Tucker House Nursing Home, a long-term care facility certified to participate in Medicare and Medical Assistance Programs.

The complaint alleged that the defendants schemed to collect payment from the federal government for care that was not rendered to elderly residents. Individual residents were not provided with proper medical care or nutrition. The United States claimed that the defendants violated the False Claims Act and were unjustly enriched through payments already received from the federal government.

The parties entered into a consent decree on March 6, 1996. Tucker House II agreed to pay $25,000 to the United States as a payment for violating the False Claims Act, to provide proper medical care and nutrition to residents, to train its staff, and to allow an independent monitor into the facility. It also agreed to comply with the Medicare and Medical Assistance Program Requirements and the Nursing Home Reform Act.

The district court (Judge Jan E. Dubois) closed the case on March 6, 1996 and the PACER docket provides no further information about this case.



Angela Heverling - 05/21/2007


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Issues and Causes of Action
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Issues
General
Food service / nutrition / hydration
Medical/Mental Health
Medical care, general
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Non-government for profit
Non-government non-profit
Causes of Action False Claims Act, 31 U.S.C. § 3729
Defendant(s) GMS Management-Tucker, Inc. and Tucker House II, Inc
Tucker House Nursing Home
Plaintiff Description United States Department of Justice
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1996 - 1996
Case Closing Year 1996
Case Ongoing No
Docket(s)
Civil 96-1271 (E.D. Pa.) 04/18/1996
NH-PA-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/21/1996
NH-PA-0001-0001 PDF | Detail
Consent Order 03/06/1996 (E.D. Pa.)
NH-PA-0001-0002 PDF | Detail
Judges DuBois, Jan Ely (E.D. Pa.)
NH-PA-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hoffman, David R. (Pennsylvania)
NH-PA-0001-0001 | NH-PA-0001-0002 | NH-PA-0001-9000
Sheehan, James G. (Pennsylvania)
NH-PA-0001-0001 | NH-PA-0001-0002
Stiles, Michael R. (Pennsylvania)
NH-PA-0001-0001 | NH-PA-0001-0002
Defendant's Lawyers Laigaie, David M. (Pennsylvania)
NH-PA-0001-9000
Mustokoff, Michael M. (Pennsylvania)
NH-PA-0001-9000
Other Lawyers None on record

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