Victory! Court Grants Emergency Receivership

Health Disparities, Racial Justice

Court Grants Families’ Emergency Petition, Orders Receiver To Manage Edgar P. Benjamin Healthcare Center

Petition Documented Threats To Elderly Patients’ Safety And Health Due To Mismanagement Of Nursing Home

Acting swiftly on an emergency petition filed by Lawyers for Civil Rights on behalf of families of residents at the Edgar P. Benjamin Healthcare Center, Judge Katie Cook Rayburn today ordered appointment of a receiver for the troubled nursing home.  

The petition filed late last week cited a litany of problems caused by mismanagement of the facility, including weeks of missed payroll leading to critical staffing shortages that put patients at immediate risk of harm.  Approximately 70 frail and elderly individuals, most of them Black and Latinx, currently live at the Benjamin.

“The families and residents of the Benjamin are gratified that the court acted quickly on the emergency petition.  Appointment of a receiver is a crucial first step towards stabilizing this venerable institution and ensuring the safety and well-being of this incredibly vulnerable population,” said Oren Sellstrom, Litigation Director at Lawyers for Civil Rights.  He noted that the facility has been an institution in Boston for nearly 100 years.  It was opened and donated to the community as a charitable corporation in 1927 by Attorney Edgar P. Benjamin, a lawyer, philanthropist and banker, with the idea that all people must be afforded quality healthcare regardless of their race.

“The Benjamin, as it is affectionately called by the residents, staff and community, is a gem that has served Boston’s communities of color for decades,” said Tasheena Davis, Litigation Fellow at Lawyers for Civil Rights. “The patients who call the Benjamin home deserve protection, and Judge Rayburn’s decision today provides that and gives hope for the future.”

The court appointed Attorney Joseph D. Feaster, Jr. as the receiver of the facility.  

The order granting the receivership, as well as the Petition and supporting affidavits, can be found here

Click here to download the court order.