Nursing Home Found Guilty of Manslaughter

Connecticut State Attorney's Office, Mar 29, 2005

Chief State’s Attorney Christopher L. Morano announced the conviction and sentencing today of the former operator of a Montville nursing home facility in connection with charges stemming from the death of a 74-year old resident of the facility in June of 2003.

Hillcrest Healthcare Incorporated was charged with one count of Manslaughter in the Second Degree in the death of Jacob E. Oberman.

According to the arrest warrant application, Mr. Oberman was admitted to Hillcrest Healthcare in October 2002 to receive short term physical therapy and strength training. On June 25, 2003, Mr. Oberman was brought to the emergency room at William W. Backus Hospital in Norwich. Upon examination, the victim was found to have multiple, very large, malodorous, gangrenous decubi (bed sores), very poor hygiene and poor wound care. Mr. Oberman’s condition was determined to be irreversible and he died on June 26, 2003. Cause of death was listed as sepsis, decubitus ulcers and cerebellar ataxia by the Office of the Chief Medical Examiner.

The Department of Social Services filed a complaint with the Medicaid Fraud Control Unit (MFCU) in the Office of the Chief State’s Attorney on June 26, 2003. Along with special agents from the U.S. Department of Health and Human Services, Office of the Inspector General, Inspectors from the MFCU immediately obtained medical records from the facility detailing Mr. Oberman’s medical treatment at Hillcrest. Simultaneously, the Department of Public Health determined that there were numerous deficiencies in the care provided to patients in the facility. After a nearly 18-month investigation, it was determined that there was a systemic failure in the care afforded to Mr. Oberman during his stay and that failure recklessly resulted in his death.

The corporation was charged by warrant with a single count of Manslaughter in the Second Degree, and appeared in court through Michael Kogut of Edward and Angell, LLP, its attorney.

The plea was entered before the Honorable Judge Patrick Clifford in the New London Superior Court. The Court made a finding of guilty and sentenced Hillcrest Healthcare Incorporated to pay the maximum criminal fine of $10,000.

In addition to the criminal penalty, Hillcrest was fined $200,000 by the Department of Public Health and has reached an agreement in principal to settle additional state and federal civil charges.

The case was investigated and prosecuted by the Medicaid Fraud Control Unit in the Chief State’s Attorney’s Rocky Hill office.