University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name U.S. v. Chester Care Center NH-PA-0003
Docket / Court 98-0139 ( E.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Nursing Home Conditions
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, ... read more >
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.

Angela Heverling - 05/21/2007


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Issues and Causes of Action
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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
Plaintiff Type
U.S. Dept of Justice plaintiff
Type of Facility
Non-government for profit
Causes of Action False Claims Act, 31 U.S.C. § 3729
Defendant(s) Bishop Nursing Home
Bishop Nursing Home, Inc.
Chester Care Center
Commonwealth Real Estate Investors
Manchester Nursing and Convalescent Center
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 - 2002
Case Closing Year 1998
Case Ongoing No
Docket(s)
Civil 98-CV-139 (E.D. Pa.) 05/07/2002
NH-PA-0003-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Consent Order and Judgment 01/01/1998 (E.D. Pa.)
NH-PA-0003-0001 PDF | Detail
Complaint 01/13/1998
NH-PA-0003-0002 PDF | Detail
DOJ Press Release 01/13/1998
NH-PA-0003-0004 PDF | Detail
Judges Pollak, Louis Heilprin (E.D. Pa.)
NH-PA-0003-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hoffman, David R. (Pennsylvania)
NH-PA-0003-0001 | NH-PA-0003-0002 | NH-PA-0003-0004 | NH-PA-0003-9000
Sheehan, James G. (Pennsylvania)
NH-PA-0003-0001 | NH-PA-0003-0002 | NH-PA-0003-9000
Stiles, Michael R. (Pennsylvania)
NH-PA-0003-0002 | NH-PA-0003-0004 | NH-PA-0003-9000
Defendant's Lawyers Dodds, John C. (Pennsylvania)
NH-PA-0003-9000
Strine, Walter M. Jr. (Pennsylvania)
NH-PA-0003-0001 | NH-PA-0003-9000
Other Lawyers None on record

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