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Edgar P. Benjamin Healthcare Center, a nonprofit long-term care facility in Mission Hill, is being sued by family members of residents who allege that the center has missed payments to staff and vendors and hasn't kept adequate supplies on hand, threatening patient safety.
The complaint even alleges that at one point, the facility ran out of colostomy bags, leaving staff without other means to collect fecal matter.
The case, filed in Suffolk Superior Court Thursday, asks for the immediate appointment of a receiver to take over management of the facility to avoid harming patients.
The Benjamin Center didn’t respond to requests for comment before the time of publication.
In the lawsuit, the families say that the nursing home missed payments to vendors and missed payroll for its staff, causing shortages and putting pressure on remaining staff. Those staffing issues, the lawsuit says, have led to delays in meal service. The lawsuit claims that 20 patients experienced “significant weight loss” between December and March as a result.
Call lights to signal for help in case of an emergency are not working, the complaint says, because vendors are not being paid. The families also said in the complaint that security has deteriorated as well, leading to unauthorized visits that have put patients at risk.
The center told the Business Journal in February that it plans to close on July 1, citing “insurmountable fiscal challenges.”
At the time, the center’s leadership said it would ensure that its 76 residents can be transferred to another facility, and that it will remain open until every resident has been transferred. Management also committed to assist in helping staff transition to new positions.
But the lawsuit pins much of the blame on the facility’s administrator, Tony Francis. The lawsuit cites IRS filings that show his compensation went from $178,000 in 2016 to $628,592 by 2021. The lawsuit calls for his removal.
The families are being represented by the Lawyers for Civil Rights, and said it has the support of some staff at the nursing home, including the director of nursing.
“In an emergency situation like this, the law gives the court not only the power but the duty to step in, appoint a receiver, and ensure that vulnerable seniors are not put at risk. The threat of harm at the Benjamin is intolerable not only medically but from a human dignity perspective,” Oren Sellstrom, litigation director at LCR, said in a statement.
The petitions ask that Joseph Feaster, an attorney with ties to the community, take over as receiver. He previously served as receiver for the Roxbury Comprehensive Community Health Center, and according to the complaint, he has agreed that he would accept the appointment if made by the court.
In a statement, State Senator Liz Miranda said she supports appointing a receiver to protect patients in the facility. Boston City Councilor for District 6 Ben Weber also urged Attorney General Andrea Campbell to step in and ensure safety.
“The residents and the families of the Benjamin deserve better,” Weber said in a statement.
2023 Massachusetts gross residential sales volume from closed transactions
| Rank | Prior Rank | Company name/Prior rank (*unranked in 2023) |
|---|---|---|
1 | 1 | Coldwell Banker Realty |
2 | 2 | Compass |
3 | 3 | William Raveis Real Estate, Mortgage and Insurance |
