A judge has cleared the way for a trial over a class action lawsuit claiming the operator of Alden nursing homes in the Chicago area systematically understaffed its facilities to make more money, increasing the safety risks of its patients.
The ruling means the case may proceed to questioning under oath of Alden owners, administrators, workers and residents about the lawsuit’s allegations that Alden’s understaffing caused “dangerous, distressing, and grossly unsanitary living conditions for thousands of residents.”
As a result of a lack of supervision, the suit alleged, one resident fell down stairs while strapped to a wheelchair, another fell while one worker used a hoist that required another worker, and one resident ingested poisonous chemicals.
“We’re talking about a system that may have looked staffed on paper, but wasn’t in reality,” said Margaret Battersby Black, a managing partner at Levin & Perconti, which is helping to represent the plaintiffs. “This is to get Alden to change the way they’re staffing so more incidents like this won’t happen.”
In his opinion earlier this month, Cook County Associate Judge Myron Mackoff ruled that if the claims are true, residents of the homes have a sound legal basis to proceed.
An amended complaint was filed against Alden Group, Ltd., and Alden Management Services, Inc., on behalf of Medicaid recipients at six facilities: Alden Heather Health Care Center, Alden Town Manor, Alden Terrace of McHenry, Alden Village North, Alden – Lakeland Rehabilitation and Health Care Center, Inc., and Princeton Rehabilitation and Health Care Center.
The lawsuit alleged that Alden facilities often were staffed at just 50 percent of the legal requirements, then hiding it from regulators in part through ghost workers and false reports. Alden also requires residents to sign illegal admission agreements that prevent them from suing when injuries do occur due to the understaffing.
While about ten residents have formally joined the suit anonymously, the class action could involve thousands of residents.
State and federal taxpayer funds help pay for Medicaid care, while requiring that certain staffing requirements be met. Residents typically must also pay most of their monthly income.
Discovery could take an additional year or two before the matter goes to trial. The judge’s ruling gives an advantage to plaintiffs to proceed that often encourages settlement negotiations.
Alden did not immediately respond to a request for comment, but Chairman Floyd Schlossberg wrote on its website, “All of us at Alden are fully committed to continuing our long-standing tradition of remarkable care and customer service.”
Alden has been in business since 1971, when a family member fell ill and Schlossberg said he recognized the need for quality health care for older adults. Alden operates more than 40 sites in the Chicago area, Rockford and Wisconsin, providing short-term rehabilitation and long-term nursing and memory care.
