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Companies Face Charges in O2 Deaths

Xenia, Ohio -- Bankrupt Integrated Health Services of Sparks, Md., was charged with four counts of involuntary manslaughter in the deaths of four patients at its Carriage-by-the-Lake nursing home in Bellbrook, Ohio. In addition, BOC Gases of Murray Hill, N.J., was charged with four counts of reckless homicide.

The patients, who died in December, were given nitrogen instead of oxygen, allegedly because of a BOC mislabeled nitrogen tank, which was connected to the home's oxygen system.

"We've always said we believed what happened at Carriage-by-the-Lake was a terrible and tragic accident, and in that respect we are disappointed with the findings of the grand jury," IHS officials said in a statement. "IHS continues to cooperate fully with all authorities involved in this case. However, out of respect for the judicial process, we will not elaborate further at this time."

IHS spokesman Robert Gill said no arraignment date had been set as of press time in mid-March. Both companies face maximum fines of $60,000 if convicted on each of the felony counts. No individual has been charged.

Burdened by the dropping Medicare reimbursement rates, IHS filed for Chapter 11 bankruptcy protection last year. The company recently named Joseph Bondi chief restructuring officer. Bondi comes from turnaround consulting firm Alvarez & Marsal and has guided restructuring efforts of other companies, including Iridium and Republic Health. He replaces former chief executive officer Robert N. Elkins.

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