State prevails in Pillsbury nursing home case, receiver to take over

Vermont Business Magazine A Vermont court has ruled that a “receiver” is needed to run the Pillsbury residential care homes in South Burlington and St. Albans. On Friday, January 25th, the court ruled that the current owner-manager had caused the Pillsbury residents to experience food shortages, inadequate nursing care, and related mental stress, among other harms. Attorney General TJ Donovan had requested the receiver on behalf of the VT Department of Disabilities, Aging & Independent Living (DAIL). DAIL licenses and oversees long-term care facilities in the state.

“We hope this result brings peace of mind to the residents of the Pillsbury facilities and their families,” said Donovan. “When vulnerable Vermonters are at risk, we are going to step in to protect them. Food security, housing, health — these are non-negotiable. We hope that the Pillsbury facilities will now thrive, going forward.”

DAIL Commissioner Monica Hutt said, “DAIL’s mission is to make Vermont the best state in which to grow old or live with a disability. Although seeking receivership of a facility is a significant step, this situation required that step and exemplifies our Department’s dedication to protecting Vermonters in long-term care facilities, who, like everyone else, deserve to age with dignity and respect.”

William Metro, the adult son of a former Pillsbury resident, said, “The residents of Pillsbury are now able to breathe a sigh of relief.”

Assistant Attorneys General Kristin Clouser, Bessie Weiss, Linda Purdy, and Jamie Renner represented Vermont against the defendants.

The Attorney General filed the request for receiver on behalf of DAIL on November 7th, 2018. That day, at the State’s request, the court put a “temporary receiver” in place to operate the Pillsbury facilities on an emergency basis while the parties went to trial on whether a receivership was needed. The trial occurred from December 10-12 and resumed on January 15 through January 22. During that time, the court heard testimony from former and current Pillsbury staff, a Pillsbury resident, a former resident’s family member, staff from DAIL, as well as the Pillsbury owner-manager, among others. The court’s ruling in favor of the State is here.

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Source: Vermont AG 1.28.2019