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KHOU 11 Investigates: Houston couple sues former Heights Hospital CEO for alleged fraud, conspiracy

The couple claims former CEO Robert Day and others invested their retirement money under false pretenses. "It's devastated my family," Lingard Fitch said.

A Houston couple is suing the former CEO of a local hospital. They claim they lost millions of dollars. They are taking them to court to get their money back.

Lingard and Tina fitch say they worked hard their entire lives to support their family. After saving for nearly three decades, they thought their financial futures were set.

“It’s every penny that we’ve accumulated in our life, and it’s devastated my family,” Lingard Fitch said.

The Fitches say they invested just over $2.1 million with former CEO Robert Day and others. According to the agreement, the Fitches were investing in Med Center Developers and other medical-related properties. The Fitches say they were promised a 20% return on their investment over two years.

RELATED: Locked out: Doctors forced to treat patients in parking lot after The Heights Hospital fails to pay rent

It was an attractive deal for Tina, a two-time cancer survivor and retired nurse, who found a deeper meaning.

“This hospital needed to be renovated, and he promised that there was going to be all these services that the community didn’t have,” Tina Fitch said.

But Tina said she never saw a return on their investment.

“We didn’t see a penny,” Tina Fitch said.

The Fitches say their wake-up call came on January 19, 2021, when they saw news coverage of doctors showing up to work at Heights Hospital to find the locks had been changed and they were no longer allowed inside.

“Patients were locked out, in the parking lot, during a pandemic. I mean, it was horrible,” Tina Fitch recalled.

RELATED: More KHOU 11 Investigates

According to a lawsuit filed by their creditors, “The Heights Hospital failed to pay the management and maintenance expenses for the property, including invoices for utilities, elevator repair and property insurance.”

“I was like, can you believe this? I mean, that’s our investment,” Tina Fitch said.

The Fitches are suing Day, his daughter, Michelle Day and Adam Delk and their affiliated companies for fraud, negligence, breach of contract and conspiracy.

In their response to the lawsuit, the “defendants deny all the allegations.”

They filed a counterclaim for $1.2 million. It is money, according to court records, the defendants claim they “have paid in their partnership with the Fitches.”

The Fitches insist they do not owe Day and his partners a dime. They say, it is the other way around.

“I want the money back, for our security, and I want him (Day) charged.

“I mean, money will come and go. Your family, and taking care of your family, is ultimately what gets me up every day,” Lingard Fitch said.

The law firm representing Robert Day and the other defendants named in the lawsuit told KHOU Investigates in an email they do not comment on pending litigation.

Cheryl Mercedes on social media: Facebook | Twitter | Instagram

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