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Marjorie Tingley’s sons and a Michigan memory care facility disputed whether she should receive antipsychotic medication after she struck staff during personal care. Facility and medical records reviewed by KFF Health News show eight emergency room trips before Tingley died at another facility in January 2025; her family’s lawsuit alleges retaliation and wrongful eviction, claims the facility denies.
Marjorie Tingley’s sons and her Michigan memory care facility clashed over whether to use antipsychotic medication after staff reported that the 85-year-old had struck aides during personal care. Records reviewed by KFF Health News show that Tingley was taken to an emergency room eight times before the facility issued an eviction notice; her family’s lawsuit alleges the trips were retaliatory, while the facility denies wrongdoing.
In an urgent email in December 2024, Vista Grande Villa told Tingley’s sons that their mother posed a safety threat. According to the facility’s behavior logs, on at least 10 days in the previous month she had hit, kicked or elbowed aides helping her change briefs, get dressed, bathe or use the bathroom. The facility sought the family’s permission to sedate her.
The family alternately agreed to and resisted medication, according to KFF Health News. Facility administrators began calling 911 after altercations, and Tingley was repeatedly taken to an emergency room for assessment. After four trips, Vista Grande issued a 30-day eviction notice. Medical records show four more hospital trips while her family sought another placement. Tingley died at a different facility in January 2025. Her reported cause of death was plaque buildup in her brain, a hallmark of Alzheimer’s disease.
Her five sons sued Vista Grande and its director at the time, alleging negligence, emotional distress and wrongful eviction. The suit also alleges the facility initiated emergency room trips in retaliation for disagreements over care. Vista Grande and the director deny the allegations. A judge dismissed the negligence claim on legal grounds; the remaining claims are scheduled for trial early next year if mediation does not resolve the case.
Medication Disputes in Memory Care
The case illustrates a difficult decision facing some families: whether to accept medication intended to manage agitation when the drugs carry serious risks, or to challenge the facility’s approach and potentially face repeated hospital trips or loss of placement. Tingley’s family says it was trying to keep her off the drugs; the facility described the recommended medication as routine and said it sent her to the hospital because the family would not allow on-site treatment.
The wider issue affects many people. More than 5 million Medicare beneficiaries have a dementia diagnosis. A study in JAMA estimated that one in four Medicare beneficiaries with dementia are potentially inappropriately prescribed antipsychotics or other brain-altering drugs, which can contribute to delirium, falls and hospitalizations. The estimate does not establish whether a specific prescription in Tingley’s case was inappropriate.
Risks and Dementia Care Rules
Antipsychotic drugs are approved by the Food and Drug Administration primarily for conditions such as schizophrenia. The FDA requires drugmakers to warn that these medications increase the risk of death among older people with Alzheimer’s disease and similar conditions. The drugs may still be used in some circumstances, but their risks are a central concern in care decisions.
Dementia can affect impulse control and perception. As KFF Health News reports, agitation may arise from fear, difficulty recognizing caregivers, pain, hunger or another need that a person cannot communicate. Altercations involving residents and care workers are reported in long-term care settings, including memory care units, where residents may have significant cognitive impairment.
Federal efforts to reduce overprescribing have been underway since the Centers for Medicare & Medicaid Services launched its Partnership to Improve Dementia Care in 2012. The campaign has reduced antipsychotic use in nursing homes, but KFF Health News reported that, excluding people with schizophrenia, the drugs were still given to one in seven nursing home residents in 2025.
““They just wanted to have her drugged up.””
— David Tingley, Marjorie Tingley’s son
What the Lawsuit Will Address
The court has not resolved the family’s remaining claims. Vista Grande and its former director deny the allegations, and the available account does not establish why each emergency room visit occurred or whether antipsychotic medication was administered during Tingley’s stay. The negligence claim was dismissed on legal grounds; that ruling did not resolve the remaining allegations.
The facility’s director and attorneys did not respond to KFF Health News’ requests for comment. Otterbein SeniorLife, which later acquired Vista Grande as a wholly owned subsidiary and renamed it Otterbein Jackson SeniorLife Community, was not named in the lawsuit. Its representatives also did not respond to the news organization’s requests for comment.
Trial Depends on Mediation
A trial on the claims that remain is scheduled for early next year if mediation fails. The case’s next major development will be whether the parties reach an agreement or proceed to trial, where the allegations and the facility’s response can be examined through the legal process.
Key Questions
Why did Vista Grande seek medication for Marjorie Tingley?
The facility told her sons that she posed a safety threat after staff logs recorded her hitting, kicking or elbowing aides on at least 10 days in one month while they helped with personal care.
What does the family’s lawsuit allege?
The lawsuit accuses Vista Grande and its former director of negligence, emotional distress and wrongful eviction. It also alleges the facility sent Tingley to the emergency room in retaliation for disagreements about her care. The facility and director deny the allegations.
How many times was Tingley taken to an emergency room?
KFF Health News reported that facility and medical records show eight emergency room trips. The report says four occurred before Vista Grande issued a 30-day eviction notice and four more followed while the family arranged a new placement.
What is the status of the lawsuit?
A judge dismissed the negligence claim on legal grounds. A trial on the remaining claims is scheduled for early next year if mediation does not resolve the case.
Source: rss
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