2006 — Nov 27, Fire, Anderson Guest House (elderly/mentally-impaired), Anderson, MO– 11
–11 Badger, Stephen G. Catastrophic Multiple-Death Fires for 2006. NFPA, Sep 2007, 4, 18.
–11 Fox14TV. “Owners of group home destroyed in fire sentenced…health care fraud.” 4-13-11
–11 KOAM TV. “Ruling expected next week in Anderson Guest House fire civil trial.” 1-14-11
–11 Joplin Globe. “Has anything changed as a result of Anderson Guest House fire?” 11-24-07.
–11 Spellman. “Judge: DuPonts liable for 2006 guest house fire.” Joplin Globe, 1-18-2011.
–11 Turner, Randy (William). “Anderson Guest House owner behind bars [blog].” 9-24-2007.
–11 Weich. “Cause of Mo. Katie Jane…fire still a mystery.” St. Louis Post Dispatch, 2-17-2007
–10 Joplin Globe. “Anderson Guest House Fire. Cause of blaze still under…” 11-29-2006.
–10 Ostmeyer. “Fire has legislators promising to look into problems.” Joplin Globe, 12-16-2006
–10 Sedalia Democrat (Kabel/Zagier), MO. “Fatal fire’s cause investigated.” 11-29-2006, p. 1.
–10 Sedalia Democrat, MO. “Group home blaze kills 10.” 11-28-2006, p. 1.
Narrative Information
Badger: “….The second [catastrophic non-residential] fire was in a one-story, 19-bedroom residential care facility of unprotected ordinary construction. Eleven people died in this fire, including ten residents and one caregiver. There were smoke alarms in the common areas, and three manual pull stations but only a single horn/strobe in the building. There were no reports of any alarms operating. There was no automatic suppression equipment present.
“An electrical malfunction in a common area near the north wall of the structure ignited combustibles. The fire spread to the attic and raced to the south end of the structure. A neighbor reported the fire after seeing flames coming from the roof. Arriving firefighters found heavy fire from the roof and numerous casualties. At first, firefighters were able to enter the building, but they were forced out by smoke and fire conditions. At least 24 other residents were injured, many of them removed before the fire department arrived.[1] Since this incident, the state has required sprinklers in group homes and nursing homes. (pp. 4-5)
“….This one-story, 19-bedroom board and care facility was of unprotected ordinary construction. There were 33 occupants and two caregivers in the structure when the fire broke out….
“There were smoke alarms in the common areas and three manual pull stations. There was a single horn/strobe in the building. There were no reports of any alarms sounding. No suppression equipment was present….
“An electrical malfunction in a common room area near the north wall has been determined as the most probable cause. The fire spread into the attic and spread to the south end of the building. A neighbor reported the fire after seeing flames coming from the roof. First-arriving firefighters reported fire from the roof and were faced with a multiple-casualty incident….
“Firefighters had insufficient resources to conduct simultaneous firefighting and rescue operations. Twenty-four occupants were injured. Locations of the victims were not known as several had been removed from the building before the fire department arrived. One of the caregivers died in the fire; the other victims were residents of the facility.” (Table 2. Nonresidential Fires, p. 17.) (Badger, Stephen G. Catastrophic Multiple-Death Fires for 2006 (NFPA No. MDS06). Quincy, MA: National Fire Protection Association, Fire Analysis and Research Division, Sep 2007, pp. 4-5 and 17 of 23.)
Nov 28, 2006: “Anderson — A fire that killed 10 people and injured two dozen more at a southwest Missouri group home for the elderly and mentally ill Monday was being treated as a crime, Gov. Matt Blunt said. “We’re not saying it is definitely a crime scene, but we are treating it as if it is and trying to determine if the fire was set by somebody who had a nefarious motive,” he said. “It is being treated as a suspicious fire,” he said, without elaborating about potential evidence.
“The blaze, reported about 1 a.m. and brought under control just before sunrise, reduced the privately run Anderson Guest House to a skeleton of cinder blocks and stunned its namesake city, a former railroad town of about 1,800 people tucked in the Ozark hills about 35 miles south of Joplin.
“The home had fire alarms but no sprinklers, said Assistant Fire Marshal Greg Carrell.
“One of the dead was a worker in the home and the other nine were residents, Blunt said. Authorities had not yet released the names, pending notification of relatives.
“Blunt said it was too early to speculate how the fire started but promised a “very thorough investigation….
“The home is operated by Joplin River of Life Ministries Inc. Owner Robert Dupont….
“The dead ranged in age from early 20s to the elderly.
“Eighteen people were taken to area hospitals and six were treated at the scene. The home had 32 residents and two employees inside when the fire was reported around 1 a.m., Highway Patrol spokesman Kent Casey said. Three people were in serious condition at hospitals in Joplin and Springdale, Ark. All the other survivors who went to area hospitals were either in good or fair condition, or had been treated and released.
“Officials were refusing to say how the victims died or whether they had warning. Blunt also said authorities were still investigating whether the home’s residents were in bed when the fire began.
“Asked if two staff members were enough to look after 32 residents, Blunt said that was up to state health officials….
“Authorities were trying to determine if the blaze was linked to a smaller fire at the facility Saturday morning, Carrell said. No one was injured in the first fire, which was still under investigation when the second blaze began.
“Inspectors from the Missouri Department of Health and Senior Services, which licenses the facility, found some deficiencies at the home in March but none related to fire safety, agency spokeswoman Nanci Gonder said….
“In October 2003, another group home operated by Joplin River of Life Ministries was cited for fire-code violations, including intentionally disabling fire equipment, records show.
show.
“The Anderson fire was believed to be the deadliest in Missouri since a blaze in 1979 killed-25 at care home in Farmington.[2]….” (Sedalia Democrat, MO. “Group home blaze kills 10.” 11-28-2006, pp. 1 and 6.)
Nov 29, 2006: “Anderson, Mo. — State and federal investigators said Monday’s fire at the Anderson Guest House may have started out as a smouldering fire “high in the attic area” sometime before 1 a.m. and then broke through into the living area. They also ruled out arson as a cause. The exact cause of the blaze that killed 10 people and sent 18 others to hospitals is still not known, but officials said there is no evidence it was a natural gas fire, although the building was heated by natural gas furnaces.
“There also was electrical wiring in the attic, but they are not calling it an electrical fire. State Fire Marshal officials also found evidence of splicing of electrical wiring on the south end of the building, which is not allowed under nationally accepted building codes, but said that since there is no state building code, they have no regulatory or enforcement authority.
“Saying they are “confident” nothing else can be determined from the scene, investigators also said they are shifting their focus to interviews with survivors, many of whom are still hospitalized. In response to a question about whether investigators may ever know the cause, Randy Cole, State Fire Marshal, said, “I don’t think so, no.”….
“The final two of the 10 fatalities of the Anderson Guest House fire on Monday also were identified today. They are Mark O’ber, 55, and John Walterstedt, 43. Both were identified as long-time residents of the home.” (Joplin Globe, MO. “Anderson Guest House Fire. Cause of blaze still under investigation. Officials rule out arson, natural gas.” 11-29-2006.)
Nov 29, 2006: “Anderson — A Missouri State Highway Patrol spokesman says investigators are expected to rule out arson as the cause of a group home fire in that killed 10 people….
“After the blaze, questions persisted about the role of the group home’s owner, Robert Joseph Dupont, 62, in the facility’s operation. Dupont was convicted in 2003 for his part in a scheme to bilk the federal Medicare program. Dupont, who owns the land and building that burned Monday, was sentenced to 21 months at the Leavenworth federal prison in Kansas, followed by three years of supervised release.
“Under state law, a convicted felon in a crime involving a health care facility is not allowed to be an “operator” or “principal” in a Missouri long-term care facility. Hours after the fire, Dupont signed a statement on behalf of Joplin River of Life Ministries Inc. — the group licensed by the state to operate the home in Anderson and others in southwest Missouri – using the words “we” and “us” to express sadness and assure the displaced residents were being cared for. The statement did not list his role with the entities.
“Dupont was listed as a ministries’ officer in the group’s 2002 articles of incorporation. His wife remains listed twice as an officer of River of Life Ministries in the group’s 2006 secretary of state’s filing. Robert Dupont’s name has not been listed on any document received by the Missouri Department of Health and Senior Services from the ministries since 2003, department spokesman Nanci Gonder said.
“But in a 2004 federal bankruptcy petition, Dupont listed his occupation as executive director of River of Life Ministries, a position he said he had held for more than three years.
“After The Associated Press pointed out the apparent discrepancy, Gonder said state officials will investigate Dupont’s involvement with the ministries. The department, which licensed the group, “would have serious concerns if an excluded individual were involved in operating the facility,” Gonder said.
“Dupont did not respond to repeated telephone calls to his Joplin home and office seeking comment. As a criminal investigator with the state Highway Patrol continued to interview employees and residents Tuesday afternoon at its Joplin headquarters, River of Life officials said that Dupont was in the building but unavailable.
“Nursing home industry watchdogs said the distinctions between a licensed operator and a facility’s owner are murky. “That’s something we’ve never been able to determine,” said Phyllis Kranbeck, secretary of the nonprofit Missouri Coalition for Quality Care. “We just have never been able to get a satisfactory answer.” A spokesman for Gov. Matt Blunt, whose office has discussed Dupont’s status with the health department, said there is no prohibition against a felon owning the land and buildings for a residential care facility. “I’m told he is not affiliated with this entity in any legal sense,” Blunt spokesman Brian Hauswirth said.
“….Before suggesting arson would be ruled out, all they [investigators] said Tuesday was that the blaze started at the north end of the one-story cinder block structure, an area that housed a living room with a large-screen television and some resident bedrooms, former staff and families of the victims said…..
“The Missouri State Highway Patrol identified eight victims from the fire: [Alta] Lemons; Amy Brown, 37; Nathan Fisher, 52; Patricia Henson, 54; Brian Rudnick, 33; Don Schorzman, 57; Isaiah Joyce, 25; and Glen Taff, an employee of the facility. Taff was 19, according to a former staffer at the home….
“Shirley Brannon, who said she manages the Anderson group home, said Taff and his 18-year-old wife, Amanda, who remains hospitalized in Springfield with burns, “ought to be called heroes” for their roles in rescuing residents. “He went in and out of the building three times…the fourth time he didn’t make it back.” The young couple had been married for just six months, Brannon said….
“The families of the dead were primarily from southwest Missouri and nearby towns in Arkansas and Kansas, McDonald County Coroner B. J. Goodwin said. He said it appeared most of the victims were asleep when the fire broke out, noting they were found dressed in bed-clothes and without shoes. “It appears they all died of smoke inhalation,” Goodwin said on Tuesday.” (Sedalia Democrat (Marcus Kabel and Alan Scher Zagier), MO. “Fatal fire’s cause investigated. Questions arise over owner of home.” 11-29-2006, p. 1.)
Dec 16, 2006: “The Anderson Guest House fire opened a “Pandora’s box,” according to one legislator, raising numerous questions sure to be on the radar when legislators convene next month. But area legislators also say they are awaiting four separate state probes before they talk about specific bills. “This is my No. 1 priority for the year,” state Rep. Kevin Wilson, R-Neosho, said Friday, after the Globe learned that state investigators were tipped off in 2005 to the fact that Robert DuPont was allegedly running the group homes despite his previous felony conviction, and yet state officials did not follow up on it. Anderson is in Wilson’s district.
“I am dismayed that this has fallen through the cracks,” Wilson said.
“DuPont previously listed himself in federal records as the executive director of Joplin River of Life Ministries, which ran group homes in Anderson, Joplin and Carl Junction. Those records also were available to state regulators who oversaw those group homes. Under state law, it is illegal for anyone convicted of Medicaid or Medicare fraud to operate such a home.
“The Missouri Department of Health and Senior Services announced Friday they are revoking the licenses of Carl Junction Guest House and are denying licenses to the Anderson Guest House and Joplin Guest House and Guest House III. The centers must be closed and residents relocated by Jan. 5, 2007. Both the DHSS and Missouri Department of Mental Health are working with residents’ families and guardians to find new places for them to live in the area.
“The Missouri Department of Health and Senior Services, the Missouri Department of Mental Health, the attorney general and the state fire marshal’s office are investigating the blaze last month that killed 10 people and hospitalized 18 others.
“We need to get the reports,” Wilson said. “We need to make sure what we are dealing with before we have a legislative response.” Wilson said that given the attention brought to the issue by Missouri Gov. Matt Blunt and others, “We’ll get the proper attention.”
“Nancy Gonder, spokeswoman for the Department of Health and Senior Services, said her agency was told by the governor a couple of weeks ago to look for places laws could be improved. “We’re working with the Department of Mental Health to look at where we can make some of those improvements. That report is due to him by the end of the month,” she said.
Missouri Sen. Gary Nodler, R-Joplin, said Friday that the tragedy itself is serious enough to warrant legislative attention, regardless of the issues that surfaced following the fire.
“The outcome in and of itself makes it clear there is a problem,” he said….
“Rep. Marilyn Ruestman, R-Joplin, said the House Senior Advocacy Committee, of which she is vice chairwoman, discussed issues such as sprinklers in care homes last year, and she is sure that topic as well as a review of training and age guidelines of caregivers will be revisited.
The Anderson Guest House did not have a sprinkler system, nor was it required.
Questions of state oversight also are expected to be resurrected, given all that has been learned since, Ruestman said. “It has opened up a Pandora’s box of questions that will be related to more care houses than just this one. The questions we will now have to ask ourselves will not be just about this home. It will be about the system.”
“Missouri Gov. Matt Blunt has asked the Missouri Department of Health and Senior Services and the Missouri Department of Mental Health for a report and recommendations by the end of the year on ways to strengthen fire-safety protections for residents of long-term care centers.
“I am committed to reviewing the circumstances of this tragic situation and using this situation to improve the state’s system of licensing, inspecting and protecting the safety, health and well-being of residents in long-term care facilities in Missouri,” Blunt said in a statement on Dec. 12.”
(Ostmeyer. “Fire has legislators promising to look into problems.” Joplin Globe, 12-16-2006.)
Sep 24, 2007: “Anderson Guest House owner, and convicted felon, Robert Dupont is behind bars once more. Following a five-minute hearing today in U. S. District Court for the Western District of Missouri, Dupont was ordered to jail by Judge James England pending a Wednesday, Sept. 26, hearing.
“Taxpayer money will be used to appoint a lawyer for Dupont, who is accused of hiding his control of the Anderson Guest House and defrauding the government. Dupont was the owner of the Anderson facility in November when it burned to the ground, killing 11.
“An affidavit signed by Special Agent Peter H. Blackburn of the Office of the Inspector General of the Department of Health of Human Services says Dupont was executive director of Guest House facilities from 1993 through 2006, including the time following his 2002 conviction for Medicaid and Medicare fraud. Facilities owned by Dupont, according to the affidavit, included the Anderson Guest House, Carl Junction Guest House, Carthage Guest House, Guest House I in Joplin, Guest House 2 in Joplin, Guest House 3 in Joplin, Lamar Guest House, and St. Louis Guest House. Apparently, the government missed the Springfield Guest House.
“According to the affidavit, “Robert J. Dupont was owner and president of Guest Houses of Missouri. Inc., a for-profit corporation Dupont created in January 2000” that operated the Guest Houses in Anderson, Joplin, Carl Junction, and Carthage. “On June 15, 2000, Dupont was charged with conspiracy to defraud the United States relating to billings he caused to be submitted on behalf of Butler Guest House, Lamar Guest House, and St. Louis Guest House. He pleaded guilty to one count of conspiracy to defraud the United States on Feb. 13, 2002, and was sentenced on Feb. 21, 2003, t0 21 months federal imprisonment. The offense to which Dupont pleaded guilty involved his conspiracy with others to conceal his ownership and control of a company that submitted billings to Medicare and Medicaid.” Because of this, the affidavit said, Dupont was excluded from participation in any federal health program, including Missouri Medicaid. “During March 2002, shortly after Dupont’s guilty plea but prior to his sentencing, Dupont formed a new corporation, Joplin River of Life Ministries that began assuming operational control over the residential care facilities,” the affidavit said. “On April 10, 2002, Guest Houses of Missouri, Inc. notified the Division of Medical Services, the agency which administers Missouri’s Medicaid program that as of May 1, 2002, Joplin River of Life Ministries was taking over the operation of the residential care facilities formerly operated by Guest Houses of Missouri, Inc.”
“The affidavit continues, “On or about April 15, 2002, JROL submitted applications to the Department of Health and Senior Services for licenses to operate long-term care facilities specifically Anderson Guest House, Carl Junction Guest House, Guest House 2, and Guest House 3.” Robert Dupont and his wife Laverne were listed as owners and landlords and Robert Dupont was listed on the Joplin River of Life Ministries board.
“On July 31, 2002, the company applied to participate as a Missouri Medicaid personal care provider and was approved.
“”On March 19, 2003, prior to Dupont’s surrender on March 21, 2003, to begin serving his federal sentence, Dupont convened and oversaw a Joplin River of Life Ministries board meeting in which he announced the employment of Laverne Dupont, his wife, as the incoming executive director of JROL and corporate documents after that date list her as executive director,” according to the affidavit.
“Dupont was released to a halfway house in August 2004 and completed his sentence the following month. “In contravention of state and federal law, Dupont resumed the operation and control of JROL upon his release from prison,” the affidavit said. “In day to day operation of the facilities, Dupont makes unilateral hiring decisions, terminates employees, directs staffing levels, and unilaterally decides whether to accept potential residents referred to local hospitals. Dupont has prohibited facility managers from seeking decision making authority from Laverne Dupont, his wife and the individual listed as executive director of JROL, and threatened to terminate employees who fail to seek his authorization for decisions.”
“The affidavit concludes, “During an interview conducted on Nov. 28, 2006 (following the Anderson Guest House fire) Dupont denied any control over Joplin River of Life Ministries and asserted that he was an uncompensated employee. However, W-2, wage and tax statements filed by JROL indicate that Dupont received a salary in 2002, 2003, 2004, and 2005.”” (Turner, Randy (William). “Anderson Guest House owner behind bars [blog].” 9-24-2007.)
Nov 24, 2007: “….Jane Drummond previously was general counsel for the Missouri Department of Health and Senior Services. It was in that capacity that she met with other department officials on Jan. 17, 2006, to discuss how Joplin River of Life Ministries could continue operating group homes in Anderson, Joplin and elsewhere despite a history of violations, and whether the state could shut down those operations. Referring to that meeting in a Jan. 24, 2006, e-mail to Drummond, Bill Toenis, then the program manager for the department’s long-term-care section, wrote that the department should deny applications for the Anderson Guest House and two other homes run by Joplin River of Life Ministries. Despite the concerns, all three homes ultimately received renewed permits or temporary permits.
“Nanci Gonder, a spokeswoman for the state department, has said the agency lacked enough information to deny licenses at that time. Two weeks before the Anderson Guest House fire, Drummond was named director of the Department of Health and Senior Services. Today, Drummond said, things have changed with the agency….
“Laws have been enacted tightening regulations for residential-care homes like the Anderson Guest House. The health department also added staff, cracked down on noncompliant homes, and changed its annual review and complaint policies.
“Drummond said the department will file additional regulations in December or January to enforce new sprinkler legislation for homes with more than 20 residents and other requirements regarding fire-alarm systems. She said the department also is working to better identify consistently noncompliant homes or managers.
“And, in the wake of the fire, the agency started checking all managers and owners against the federal list of those excluded from such positions. It makes those checks a part of the department’s regular procedure when granting or renewing a license. Drummond said no other federally excluded individuals have been found running Missouri homes since the fire.
“The state stripped Joplin River of Life Ministries, which operated the Anderson Guest House and three centers in Jasper County, of all operating licenses in December 2006. It based that decision on evidence that Robert J. DuPont, 62, of Joplin, allegedly continued to play a central role in operating several group care homes — including the Anderson Guest House — despite a previous conviction for Medicare and Medicaid fraud. Federal and state laws prohibit anyone convicted of Medicaid- and Medicare-related crimes from acting as operators of licensed Medicaid homes or participating in any federal health-care program.
“In the past year, the health department has gotten more rigid with application deadlines and will grant homes only one 30-day extension. Drummond said that in the past, the department was too generous with deadlines, but it now expects owners to complete applications correctly and get them in 30 days before the license expires. She said the stricter guidelines have caused deadline compliance to significantly increase. Debra Cheshier, administrator of long-term-care regulations for the agency, said officials look at all the information available on a home or owner/manager before approving a license. “We were not looking at the overall compliance history of facilities,” she said. “And if you don’t do that, you’re only looking at one snapshot, and you don’t get a look at the overall problems of that facility.”
“Homes with consistent problems are reviewed and either forced to comply, disciplined or given training. Since the Anderson fire, Drummond said, the department hasn’t closed any homes, but there are several at which that possibility is pending.
“Manpower is still a problem, Drummond said, but the department did hire 32 additional staff members in the past year, paid for by a 2005 departmental appropriation in Blunt’s budget. Cheshier said the department has about 170 surveyors and inspectors, up from about 150 last year.
“Last year, Missouri lawmakers passed measures aimed at strengthening fire safety in residential care homes and at increasing accountability. Among the provisions is a requirement that existing residential-care and assisted-living centers with more than 20 residents install residential-grade sprinkler systems by 2012, unless they already conform to certain safety standards. The state offers a low-interest loan program for the sprinkler systems.
“Another provision requires that all homes have fire-alarm systems connected to local fire departments or dispatch services.
“The sprinkler bill was sponsored by Rep. Kevin Wilson, R-Neosho, whose district includes Anderson. The original legislation proposed by Wilson called for all homes to be outfitted with sprinklers, regardless of size. “I would have felt better if all had sprinklers,” he said in a phone interview last week. The provision was altered after some lawmakers raised concerns that the new requirements would cost homes, especially smaller ones, so much that they would either be forced to close or to pass on the costs to their residents.
“Still, Wilson said the exemption applies only to the sprinkler requirements. The requirement for the integrated fire-alarm systems is “the most crucial part” and applies to all the homes, large and small, he said. Asked whether he plans to propose expanded legislation, Wilson said that will depend on what state fire officials recommend. The Division of Fire Safety will monitor the new laws to see how they play out, he said. He said that if fire officials think additional legislation is needed, he would revisit the measure.
“Companion legislation passed earlier this year raises the reporting requirements and the fines for violations. That measure calls for final reports of investigations into abuse and neglect to be published, and for daily fines to be increased to $10,000 from $100 for homes that do not correct problems cited in inspection reports.
‘Giving in’
“But at least one critic of the state’s oversight machinery argues that changes in regulations do not address the larger issue of whether the state has the will to enforce its laws, new or otherwise. “There are laws on the books,” said Phyllis Krambeck, secretary for the Missouri Coalition for Quality Care Inc., an advocacy group for the elderly and disabled. “We just feel that they are not always enforced.” Krambeck said calls for sprinklers in group homes had been sounded years before the Anderson Guest House fire, and that it took a tragedy for the state to act. She also criticized the exemption granted to smaller homes from the sprinkler requirement and questioned the state’s providing low-interest loans for homes to install safety equipment. “They just keep giving in more and more,” she said. She contended that the state has been reluctant to crack down on homes where violations are cited. Even the fines assessed for infractions can be negotiated down, she said.
“Aside from the loss of licenses, though, much of the punitive action has been requested in the courts. DuPont now faces a federal criminal charge of Medicaid fraud because of his alleged role with River of Life Ministries between 2003 and 2006. And, the state is suing DuPont and the ministry in an effort to recoup about $689,000 in Medicaid payments that the ministry received since DuPont was paroled from federal prison in August 2004.
“DuPont; his wife, LaVerne DuPont; Shirley Brannon, administrator of the Anderson Guest House; and River of Life Ministries are defendants in nine wrongful-death lawsuits filed on behalf of fire victims or their surviving family members.
“The state’s culpability also is being explored in the wrongful-death lawsuits. The Department of Health and Senior Services in September was added as a co-defendant to those nine suits for its alleged failure to inspect and certify the electrical and fire-alarm systems in the Anderson Guest House. The department is asking that the petition against it be dismissed. Drummond said the fire was “an absolute tragedy,” but she thinks the department did its job and the state will be exonerated by the case’s end. “It was a tragic accident, but as far as we can tell, it’s not something that could have been prevented,” she said.
“Krambeck, with the Missouri Coalition for Quality Care, criticized the state for what she considers a failure to take responsibility for its mistakes. ‘It’s the blame game,’ she said. ‘They just lay the blame on another department, another person, another agency.’” (Joplin Globe (Derek Spellman and Melissa Dunson), MO “Has anything changed as a result of Anderson Guest House fire?” 11-24-2007.)
Jan 18, 2011: “Neosho, Mo. — A Newton County judge has found Robert and Laverne DuPont liable for the fatal fire at the Anderson Guest House in November 2006. In a ruling handed down late Tuesday afternoon, Circuit Judge Tim Perigo concluded the fire was “foreseeable” and “preventable”, and that the couple had a duty to provide a safe environment at the home for the mentally ill. Attorneys for the DuPonts and for the plaintiffs had agreed to $6.4 million in damages before last week’s bench trial in the event Perigo found the couple liable. “We’re sure we will appeal it,” Robert DuPont said in a brief telephone interview, although he had not yet seen the ruling. “There is no basis for this at all.”
“Shelly Dreyer, an attorney for survivors of the fire and families of victims, confirmed that there was no liability insurance for the Anderson Guest House. “The judgment will have to be executed against their (the DuPonts’) personal assets,” Dreyer said. DuPont would not comment on whether the couple possess the assets to cover it….
“Becky Moyer, whose brother, Nathan Fisher, was one of the residents who died in the fire, rejoiced in the verdict. “This gives us some kind of closure,” she said. “My deal was to make the public aware that they can’t get away with putting the people in there and not taking care of them,” she later said.
“Ultimately 11 people died from the Anderson Guest House fire.
“The fire was ruled accidental, and the DuPonts were not charged with any wrongdoing in connection with it. A federal investigation in the fire’s wake led to criminal convictions against the DuPonts in connection with Medicare rules. They currently await sentencing.” (Spellman, Derek. “Judge: DuPonts liable for 2006 guest house fire.” Joplin Globe, 1-18-2011.)
April 13, 2011: “The owners of a group home that burned in Anderson, Missouri are sentenced for health care fraud. Robert and Laverne Dupont were convicted in September, and today Robert Dupont was sentenced to five years in prison. His wife gets five years probation. Robert Dupont was one of the operators of River Of Life Ministries which ran the Anderson Guest House group home. He had a previous conviction for health care fraud and was not supposed to work in health care.
“In November 2006 the Anderson Guest House burned, killing eleven people.
“Recently a civil court found the Duponts liable for negligence in three of the deaths. But they were never charged criminally in that case.
“News release issued by U.S. Attorney for the Western District of Missouri
“SPRINGFIELD, Mo. B Beth Phillips, United States Attorney for the Western District of Missouri, announced that a Joplin, Mo., husband and wife who operated five long-term residential care facilities in southwest Missouri were sentenced in federal court today for health care fraud. Robert J. Dupont, Jr., 66, and his wife, Laverne D. Dupont, 75, were sentenced by U.S. District Judge Greg Kays. Robert Dupont was sentenced to five years in federal prison without parole. Laverne Dupont was sentenced to five years of probation.
“The Duponts were each convicted by a trial jury on Sept. 30, 2010, of one count of conspiring to commit health care fraud and one count of committing health care fraud.
“Robert Dupont was excluded from participating in any federal health care program as a result of his 2002 criminal conviction for his role in a conspiracy to defraud the Medicare and Medicaid federal health care programs, for which he was sentenced to 21 months in federal prison. Robert Dupont nevertheless directed the operations of five long-term residential care facilities while he was in prison and after his release. Robert Dupont functioned as the ultimate decision-maker for Joplin River of Life, a nonprofit organization he founded shortly before serving his federal prison sentence.
“Laverne Dupont, who was ostensibly the executive director of Joplin River of Life, conspired with her husband to conceal his operation and control of the organization. The Duponts also conspired to conceal the employment of their daughter and co-defendant Kelley A. Wheeler, also known as Kelley Liveoak, 48, of Joplin, who was excluded from receiving federal program payments to cover salary, expenses or fringe benefits because of her prior criminal conviction. Wheeler pleaded guilty and was sentenced on Feb. 23, 2010, to three years of probation and ordered to pay $3,752 in restitution.
“Between Sept. 5, 2003, and Nov. 6, 2006, Joplin River of Life received approximately $725,125 in Medicaid funds that Robert Dupont controlled while he was excluded from participation in the Missouri Medicaid program. Between Aug. 20, 2004, and Oct. 5, 2006, Robert Dupont fraudulently received approximately $51,626 in wages paid by the Missouri Medicaid program to Joplin River of Life, although he was excluded from receiving such payments. Between Jan. 1, 2003, and Dec. 31, 2006, Laverne Dupont received approximately $170,000 in wages from Joplin River of Life.
“In addition to the conspiracy, Robert and Laverne Dupont were found guilty of health care fraud. They executed a scheme to defraud the Missouri Medicaid program by concealing the fact that principals in the operation of Joplin River of Life had been convicted of an offense related to the operation of a long-term health care facility, and that principals in the operation of Joplin River of Life were excluded from participation in Medicare or Medicaid programs.
“This case was prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the Missouri Attorney General’s Office, the Office of the Inspector General of the Department of Health and Human Services, the Federal Bureau of Investigation, IRS-Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missouri State Fire Marshal and the Missouri State Highway Patrol.” (Fox14TV.com. “Owners of group home destroyed in fire sentenced for health care fraud.” 4-13-2011.)
Sources
Badger, Stephen G. Catastrophic Multiple-Death Fires for 2006 (NFPA No. MDS06). Quincy, MA: National Fire Protection Association, Fire Analysis and Research Division, Sep 2007. Accessed 7-8-2013: http://www.nfpa.org/~/media/files/research/nfpa%20reports/overall%20fire%20statistics/catastrophic2006.ashx
Fox14TV.com. “Owners of group home destroyed in fire sentenced for health care fraud.” 4-13-2011. Accessed 7-9-2013 at: http://www.fox14tv.com/Global/story.asp?S=13184884
Joplin Globe, MO. “Anderson Guest House Fire. Cause of blaze still under investigation. Officials rule out arson, natural gas.” 11-29-2006. Accessed 7-8-2013 at: http://www.joplinglobe.com/guest_house_fire/x212035045/-img-src-http-www-joplinglobeonline-com-onlineextra-jpg-border-0-font-color-ff0000-News-Conference-VIDEO-font-10-37-a-m-Cause-of-blaze-still-under-investigation
Joplin Globe (Derek Spellman and Melissa Dunson), MO “Has anything changed as a result of Anderson Guest House fire?” 11-24-2007. Accessed 7-8-2013 at: http://www.joplinglobe.com/x212101484/Has-anything-changed-as-a-result-of-Anderson-Guest-House-fire
KOAM TV7. “Ruling expected next week in Anderson Guest House fire civil trial.” 1-14-2011. Accessed 7-8-2013 at: http://www.koamtv.com/Global/story.asp?S=13841064
Ostmeyer, Andy. “Fire has legislators promising to look into problems.” Joplin Globe, 12-16-2006. Accessed 7-8-2013 at: http://www.joplinglobe.com/guest_house_fire/x212037246/Fire-has-legislators-promising-to-look-into-problems
Sedalia Democrat (Marcus Kabel and Alan Scher Zagier), MO. “Fatal fire’s cause investigated. Questions arise over owner of home.” 11-29-2006, p. 1. Accessed at: http://newspaperarchive.com/fullpagepdfviewer?img=183811264&sterm=anderson+fire
Sedalia Democrat, MO. “Group home blaze kills 10.” 11-28-2006, p. 1. Accessed at: http://newspaperarchive.com/fullpagepdfviewer?img=183811256&sterm=anderson+fire
Spellman, Derek. “Judge: DuPonts liable for 2006 guest house fire.” Joplin Globe, 1-18-2011. Accessed 7-8-2013 at: http://www.joplinglobe.com/guest_house_fire/x233963908/Judge-DuPonts-liable-for-fire-6-4-million-in-damages
Turner, Randy (William). “Anderson Guest House owner behind bars [blog].” 9-24-2007. Accessed 7-9-2013 at: http://rturner229.blogspot.com/2007/09/anderson-guest-house-owner-behind-bars.html
Weich, Susan. “Cause of Mo. Katie Jane Memorial Home fire still a mystery.” St. Louis Post Dispatch, MO, 2-17-2007. Accessed 7-8-2013 at: http://www.firerescue1.com/fire-news/278702-cause-of-mo-katie-jane-memorial-home-fire-still-a-mystery/
[1] Cites: Bob Duval, NFPA Investigation Report, “The Anderson Board and Care Fire.”
[2] April 2; Wayside Inn Board and Care Home.