Family Alleges Negligence at Colonial Heights Rehabilitation and Nursing Center

A family in Virginia has filed a $20 million lawsuit, claiming that the owners and operators of Colonial Heights Rehabilitation and Nursing Center engaged in business practices that resulted in poor patient care and the death of 67-year-old Leroy Cole. Cole, who suffered a stroke, became a resident of the nursing home in June 2023 and died in October of the same year after hospitalization.

Claims of Neglect: Pressure Ulcers, Falls, and Weight Loss

The lawsuit, filed by Cole's family, alleges that while staying at Colonial Heights, Cole lost 7.5% of his body weight within 45 days, suffered several falls, and developed serious pressure ulcers, including one wound that reached an "unstageable" level. Cole's family described a strong odor they associated with their father's condition upon entering the facility. "You see your father dying in front of your eyes and you can't do anything," Cole's son, Diante Harper, said.

Accusations of a 'Corporate Shell Game' and Inflated Rent

The complaint specifically targets the business structure of the nursing home, alleging that owners created a "corporate shell game" to hide the identities of actual owners and transfer profits to related companies, including the entity that owns the facility's real estate. The suit, represented by attorney Justin Sheldon of Breit Biniazan, claims that 831 East Ellerslie Avenue LLC charged Colonial Heights "grossly inflated" rent—$7.7 million from April 2023 through March 2024—comprising 27% of the facility’s total revenue. Former administrator Julian Rich called this the highest rent percentage he has seen for a nursing facility.

Understaffed Facility and Pattern Across Multiple Nursing Homes

The lawsuit alleges that, during the same period in which Colonial Heights was charged with high rent, staffing levels dipped well below industry standards, compromising patient care. Sheldon stated, "They can't get around to doing what they're supposed to do with everybody.... They don't have time to sit with Mr. Cole and feed him, even though he was completely unable to do that himself." The complaint further claims this pattern of understaffing and financial practices occurred at over 30 other nursing homes owned by the defendants in Virginia, including Westport and Henrico Health and Rehab. Lawsuits are also pending against those facilities.

Defendants Deny Allegations, Cite Common Business Practices

The named defendants include Colonial Heights Operator LLC, Virginia Care Holdco LLC, Innovative Healthcare Management LLC, 831 East Ellerslie Avenue LLC, Moshe Rajchenbach, Israel Birnbaum, and Hindy Spiegel. A spokesperson for the group called the family's lawsuit “based on fabrication, not facts” and said it should be dismissed. Defense attorney John Owen stated the ownership structures are “common and entirely appropriate,” and allegations of undermining resident care are inaccurate. He stressed that resident care at the facility is a priority.

Calls for Accountability and Pending Legal Action

In addition to claims of negligence and wrongful death, the Cole family's lawsuit alleges a violation of the Virginia Consumer Protection Act, arguing that the facility’s owners misrepresented care quality and safety. The family also believes oversight agencies must take responsibility for allowing such business practices. Cole’s sister, Francine, said, "The state and the local agencies have to take some responsibility for allowing a nursing home to operate under those conditions." As of the report, defendants have not yet filed formal responses to the complaints. A recent change of ownership took place at Colonial Heights, Westport, and Henrico Health and Rehab in June.

Source: wtvr.com.