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November 17, 2008


Chicago — Attorney General Lisa Madigan announced that Forest Park L.L.C, a company that owned a nursing home known as The Pavillion of Forest Park, pleaded guilty today to the felony crime of Gross Neglect of a Long Term Care Facility Resident.

Forest Park L.L.C. did business as The Pavillion of Forest Park and was licensed to operate the nursing home. In September 2005, a Cook County grand jury indicted Forest Park L.L.C., along with Jason Garti, M.D., the former medical director and wound care physician at the nursing home, with gross neglect of Shirley Massey, who died at the facility in September 2002.

Today, Cook County Circuit Court Judge James Schreier ordered Forest Park L.L.C. to pay a $25,000 fine and $75,000 for the costs of the investigation and prosecution. Judge Schreier sentenced the company to the maximum sentence of 30 months conditional discharge for the Class 4 felony conviction. In July 2007, Forest Park L.L.C. sold The Pavillion of Forest Park to an unrelated third party and, as a result, the company no longer operates the nursing home.

"Nursing homes care for the most vulnerable members of our community. This case demonstrates that when nursing homes neglect their residents and fail to provide needed care, we will aggressively investigate and, when warranted, bring criminal charges against the companies that own these facilities, just as we would against an individual," said Attorney General Madigan.

The charges are the result of an investigation by Madigan's Medicaid Fraud Bureau and the Illinois State Police Medicaid Fraud Control Unit. The victim, Shirley Massey, 48, resided at The Pavillion of Forest Park from May 2002 until her death on September 11, 2002. According to court testimony, Massey was transported by ambulance to the emergency room at Loyola Hospital where it was discovered that she had a large area of decubitus ulcers, more commonly known as bed sores, on her body and tissue damage to the bone. Emergency room personnel described the ulcers as the worst case of bed sores they had ever seen.

In pleading guilty, Forest Park, L.L.C. admitted it was responsible when Dr. Garti, as medical director and a senior member of the facility's management, failed to meet the accepted standard of care by not adequately examining and developing a coherent plan of care for Ms. Massey's condition.

The case against Dr. Garti is continuing.

Assistant Bureau Chief Frederick Crystal and Assistant Attorney General Joseph Chervin are handling the case for Madigan's Medicaid Fraud Bureau.


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