Family Resists Antipsychotic Orders Faces Eviction

by Isabella Wilson • 11 hours ago
Family Resists Antipsychotic Orders Faces Eviction

In December 2024, the dementia care unit at Vista Grande Villa emailed the adult sons of 85-year-old Marjorie Tingley, stating that she had become a major safety threat after at least ten incidents in the prior month in which she hit, kicked or elbowed aides during routine care.

Antipsychotics Spark Care Conflict

The request to medicate the resident sparked a dispute that mirrors a long-standing controversy in long-term care: the use of antipsychotic drugs to calm agitated dementia patients. The Food and Drug Administration requires a warning that such drugs increase the risk of death in older adults with Alzheimer’s and related illnesses.

More than five million Medicare beneficiaries carry a dementia diagnosis, and a recent JAMA study estimates that one in four of them may be inappropriately prescribed antipsychotics or other brain-altering medicines that can cause delirium, falls and hospitalizations.

Families Forced to Choose: Medication or Eviction

Families facing these prescriptions often have to choose between consenting to medication or risking eviction from a facility. In Tingley’s case, the unit called 911 after several altercations and transferred her to the emergency department four times, according to ambulance and police dispatch logs.

After the fourth hospital visit, Vista Grande issued a 30-day eviction notice while continuing to send her to the hospital several additional times as the family searched for a new placement. She died at another facility in January 2025 from plaque buildup in her brain, a hallmark of Alzheimer’s disease.

“They just wanted to have her drugged up,” said David Tingley, one of her five sons, describing the facility’s stance. The memory-care unit called the recommended drugs “routine medication” and claimed the hospital trips were due to the family’s refusal to allow on-site treatment.

A Michigan Circuit Court judge dismissed the negligence claim on legal grounds, leaving a trial on the remaining claims scheduled for early next year if mediation fails.

Brain Changes Fuel Resident Violence

Dementia damages brain regions that regulate impulse control and perception, often leading to aggression driven by fear, unrecognized pain, or unmet basic needs. Such confrontations are common in nursing homes and private residences, and federal inspectors have cited nursing homes more frequently for resident-to-resident abuse than for any other form of mistreatment.

Assisted-living facilities that specialize in memory care, numbering more than 6,000 nationwide, promise trained staff and tailored activities but typically charge higher fees than standard assisted living. The industry’s reliance on tranquilizing medications has drawn congressional scrutiny for decades, with a 1975 Senate report describing an “ugly pattern of prescription drug misuse.”

CMS Initiative Fails to Curb Drugs

The Centers for Medicare & Medicaid Services launched a Partnership to Improve Dementia Care in 2012 to curb overprescribing. Although antipsychotic use fell modestly, an inspector-general report in March identified “alarming instances of inappropriate use” and noted that, excluding patients with schizophrenia, antipsychotics were given to one in seven nursing-home residents in 2025.

When the unit first contacted the Tingleys in early December, behavior logs showed Marjorie pushing an aide while using the bathroom, yelling at staff putting on shoes, and wandering into another resident’s room with a walker. The facility requested permission to medicate her, but the brothers first asked for a urinary-tract infection test, citing past episodes of agitation linked to infection.

After a hospital evaluation confirmed a urinary-tract infection but found no need for involuntary psychiatric admission, Vista Grande declared the resident could not return without sedation. The family felt pressured, recalling, “It’s like they’re holding her ransom unless I say she can have that pill.”

Staff reports after a week said she remained very agitated, prompting the brothers to approve a low dose of Zyprexa, an antipsychotic with a black-box warning stating it is not approved for dementia-related psychosis and raises the risk of death.

On New Year’s Eve and New Year’s Day, Vista Grande sent Tingley to the emergency department, and on Jan. 2 it delivered the eviction notice, stating it could not meet the level of care required for her well-being. A consulting psychiatrist later recommended doubling the Zyprexa dose, which the sons consented to, and for five days the unit recorded no incidents.

Related Post: New York Nursing Homes Cut Over 3,000 Beds Since 2020

Subsequent ER records, however, portrayed a cooperative patient who allowed a nurse to braid her hair and blew kisses to staff, prompting a physician to note that her observed behavior was “completely contrary to what they are indicating.”

Vista Grande attributed the brief improvement to the medication and the “familial love and attention” the brothers provided at the hospital. The next time Tingley’s condition deteriorated, the cycle reportedly resumed, with staff again labeling her a danger to other residents and to staff.

Regulatory context and prescribing trends

Researchers reviewing data through 2017 concluded that the federal campaign did not appear to affect antipsychotic prescribing in these facilities.

State regulators oversee assisted-living communities, unlike nursing homes that fall under federal Medicare and Medicaid rules.

Nationally, nearly half of the one-million assisted-living occupants carry Alzheimer’s or related cognitive disorders.

A 2009 settlement required Eli Lilly to pay $1.4 billion after pleading guilty to improperly promoting Zyprexa for dementia patients.

Lauren Gerlach, a geriatric psychiatrist at the University of Michigan, noted that non-pharmacologic approaches often address underlying medical issues before medication. She added, “for some patients, these behaviors are so severe that medications will be required.”

Legal proceedings and settlement prospects

The lawsuit filed by the sons names the memory-care unit and the medical group, but excludes the nurse practitioner, the hospital, and the broader corporate entities.

Henry Ford Health declined to comment on the allegations surrounding the emergency-room assessments.

In the filing, the plaintiffs argue that repeated hospital transports accelerated the decedent’s decline.

The filing notes that the facility’s director, Jennifer Wheeler, labeled the resident a danger to other occupants and staff during the final EMS encounter.

Records indicate the patient remained hospitalized until transferred to a different memory-care community in Jackson.

She passed away on January 26, 2025, less than two weeks after admission to the new facility.

The correction appended to the article clarifies that the initial Zyprexa dosage was 2.5 mg per day, not a different amount.

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