Wednesday, September 5, 2007

Federal Review of Carlyle's Buyout of Manor Care




Months ago the Carlyle Group announced its purchase of Manor Care, a large nursing home operator. The company set an Ocotber 17th date for shareholders to vote on the buyout. In the proxy statements Manor Care indicates both the Antitrust division of the Justice Department and the Federal Trade Commission will review the merger. Having already complained to the Justice Department and heard nothing, I weighed in with the FTC. My complaint stated:

(Product Name: Patient Safety) Another division of The Carlyle Group, LifeCare Hospitals had the highest patient death toll post Hurricane Katrina. In their defense, they state as soon as the federal government set up evacuation teams in New Orleans, LifeCare patients became wards of the federal government. A firm such as this failed their patients in a time of disaster, failed to take responsibility for their actions and now wants to take over an operator of more than 500 long term care sites. I complained to the Antitrust Div. of the DOJ and noted in Manor Care's proxy the FTC also has jurisdiction. This matter should be reviewed on future patient safety concerns alone.

While Carlyle can claim any legal defense they want in wrongful death civil suits, it should come back to haunt them if they push their responsibility off on others, in this case the federal government. I'll let you know what I hear, but if its like my inquiries regarding the omission of LifeCare patient deaths from the White House Lessons Learned report, there will only be silence. The Carlyle Group has a way of buying that...