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Case Name U.S. v. City of Philadelphia NH-PA-0002
Docket / Court 98-4253 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Nursing Home Conditions
Case Summary
The United States Department of Justice investigated conditions at the Philadelphia Nursing Home (PNH) in 1996 pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). In a December 19, 1996 letter to the mayor of Philadelphia, the Department of Justice described the unconstitutional ... read more >
The United States Department of Justice investigated conditions at the Philadelphia Nursing Home (PNH) in 1996 pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). In a December 19, 1996 letter to the mayor of Philadelphia, the Department of Justice described the unconstitutional conditions in the facility. The facility failed to ensure the safety of or provide the most basic care to its residents. Staff neglected residents and allowed them to reside in unsanitary conditions. In 1994, the city had privatized the facility, turning its management over to Episcopal Long Term Care, and a previous investigation by the Pennsylvania Department of Health found chaotic conditions in the facility.

The Department of Justice filed a complaint on August 13, 1998 against the City of Philadelphia and Episcopal Long Term Care in the United States District Court for the Eastern District of Pennsylvania. The complaint sought to enjoin the defendant from violating the constitutional rights of PNH residents. It alleged that the defendants had also violated the Nursing Home Reform Act, CRIPA, and the False Claims Act, and were unjustly enriched by funds received from the federal government.

The parties reached a settlement agreement, which was filed contemporaneously with the complaint. The City of Philadelphia and Episcopal Long Term Care agreed to do the following:

• ensure that residents were free from mistreatment and neglect;

• provide adequate psychiatric, medical, and nursing care;

• limit the use of restraints;

• allow a federal monitor to implement the agreement;

• pay $50,000 for violating the False Claims Act; and,

• create a $15,000 fund to improve the lives of residents.

On August 14, 1998, the district court (Judge Stewart Dalzell) approved the settlement agreement and closed the case.

Angela Heverling - 05/21/2007


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Issues and Causes of Action
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Issues
General
Assault/abuse by staff
Food service / nutrition / hydration
Habilitation (training/treatment)
Neglect by staff
Restraints : physical
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Totality of conditions
Medical/Mental Health
Bed care (including sores)
Medical care, general
Mental health care, general
Wound care
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Government-run
Causes of Action Nursing Care Reform Act of 1987/ Omnibus Reconciliation Act
False Claims Act, 31 U.S.C. § 3729
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) City of Philadelphia
Philadelphia 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 1998 - 1998
Case Closing Year 1998
Case Ongoing No
Docket(s)
Civil 98-4253 (E.D. Pa.) 11/07/2001
NH-PA-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Settlement Agreement Exhibits
NH-PA-0002-0006.pdf | Detail
Complaint 08/07/1998
NH-PA-0002-0004.pdf | Detail
Settlement Agreement 08/12/1998
NH-PA-0002-0005.pdf | Detail
Federal Government Reaches Settlement to Improve Conditions at Philadelphia Nursing Home 08/13/1998
NH-PA-0002-0001.pdf | Detail
United States' Uncontested Motion to Enter Settlement Agreement 08/13/1998
NH-PA-0002-0002.pdf | Detail
Order 08/14/1998 (E.D. Pa.)
NH-PA-0002-0003.pdf | Detail
Judges Dalzell, Stewart R. (E.D. Pa.)
NH-PA-0002-0003 | NH-PA-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Farano, Richard J. (District of Columbia)
NH-PA-0002-0002 | NH-PA-0002-0004 | NH-PA-0002-0005 | NH-PA-0002-9000
Frohboese, Robinsue (District of Columbia)
NH-PA-0002-0004 | NH-PA-0002-0005 | NH-PA-0002-9000
Hoffman, David R. (Pennsylvania)
NH-PA-0002-0002 | NH-PA-0002-0004 | NH-PA-0002-0005 | NH-PA-0002-9000
Lee, Bill Lann (District of Columbia)
NH-PA-0002-0004 | NH-PA-0002-0005 | NH-PA-0002-9000
Reno, Janet (District of Columbia)
NH-PA-0002-0004 | NH-PA-0002-9000
Rosenbaum, Steven H. (District of Columbia)
NH-PA-0002-0004 | NH-PA-0002-0005 | NH-PA-0002-9000
Sheehan, James G. (Pennsylvania)
NH-PA-0002-0004 | NH-PA-0002-0005 | NH-PA-0002-9000
Stiles, Michael R. (Pennsylvania)
NH-PA-0002-0004 | NH-PA-0002-0005 | NH-PA-0002-9000
Defendant's Lawyers Franklin-Suber, Stephanie L. (Pennsylvania)
NH-PA-0002-0005
Gallant, Mark H. (Pennsylvania)
NH-PA-0002-0005 | NH-PA-0002-9000
Thompson, William R. (Pennsylvania)
NH-PA-0002-9000
Other Lawyers None on record

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