Burk v. RHA/Sullivan, Inc., 2006 Tenn. App. LEXIS 637 (Tenn. Ct. App. 2006)

5 years ago

Resident suffered from Alzheimers's dementia. While he was in the nursing home, he developed a severe scrotal infection. He was…

Howard v. Kindred Nursing Ctrs. Ltd. P’ship, 2006 Tenn. App. LEXIS 521 (Tenn. Ct. App. 2006)

5 years ago

Resident died in April 2000. Suit was filed in February 2002. The action was removed to federal court but was…

Owens v. Nat’l Health Corp., 2006 Tenn. App. LEXIS 448 (Tenn. Ct. App. 2006)

5 years ago

The trial court denied a motion to compel arbitration because the agent had no authority to execute the arbitration agreement.…

Estate of Moore v. Nat’l Health Realty, Inc., 2006 Tenn. App. LEXIS 166 (Tenn. Ct. App. 2006)

5 years ago

Resident fell and suffered a head wound at nursing home. After getting treatment at hospital, resident returned to the nursing…

Sullivan v. Chattanooga Med. Investors, LP, 2006 Tenn. App. LEXIS 55 (Tenn. Ct. App. 2006)

5 years ago

The trial court granted Defendants' motion for summary judgment due to the limitations period having expired. Plaintiff argued the limitations…

Sloan v. Nat’l Healthcorp, L.P., 2006 Tenn. App. LEXIS 580 (Tenn. Ct. App. 2006)

5 years ago

When defendant answered the complaint it alleged the dispute was subject to arbitration and asked for a jury trial. After…

Freed v. Geisinger Med. Ctr., 2006 PA Super 274 (Pa. Super. Ct. 2006)

5 years ago

Plaintiff appealed after the case was non-suited. "From November 6, 1998, to December 3, 1998, Appellant was hospitalized at GMC…

Bruner v. Timberlane Manor L.P., 2006 OK 90 (Okla. 2006)

5 years ago

Plaintiffs filed suit for negligence and wrongful death. The nursing home appeared specially and moved to dismiss or in the…

Nursing Home Litigation: Adams v. Gables at Green Pastures Nursing Home, 2006 Ohio 6856 (Ohio Ct. App. 2006)

5 years ago

Adams v. Gables at Green Pastures Nursing Home The nursing home filed a motion for summary judgment, alleging it was…

Hanson v. Valley View Nursing & Rehab. Ctr., 2006 Ohio 3815 (Ohio Ct. App. 2006)

5 years ago

Trial court granted motion to stay pending arbitration. Affirmed on appeal. On appeal Plaintiff argued that the agreement was procedurally…

Smith v. Manor Care of Canton, Inc., 2006 Ohio 1182 (Ohio Ct. App. 2006)

5 years ago

Resident died after becoming entrapped between a mattress and bedrail. Nursing home employee provided report to nursing home administrator, which…

Chiles v. D & J Serv., Inc., 2006 NY Slip Op 8333 (N.Y. App. Div. 2006)

5 years ago

Summary judgment for nursing home was affirmed. Plaintiff was left alone by independent contractor ambulance driver when the driver escorted…

Everett v. Loretto Adult Cmty., Inc., 2006 NY Slip Op 6954 (N.Y. App. Div. 2006)

5 years ago

In this "short" order, the court of appeals reversed in part denial of defendant's motion for summary judgment. That portion…

Giandana v. Providence Rest Nursing Home, 2006 NY Slip Op 4189 (N.Y. App. Div. 2006)

5 years ago

Resident, 91 year old allegedly sustained a fractured femur and multiple bruises while she was being transferred from bed to…

Bullard v. St. Barnabas Hosp., 2006 NY Slip Op 1519 (N.Y. App. Div. 2006)

5 years ago

Defendants' motion for summary judgment granted and affirmed where experts for Defendants' gave opinions that pressure ulcers on heels were…

Rosenblatt v. Windsor Park Nursing Home, Inc., 2006 NY Slip Op 3069, 1 (N.Y. App. Div. 2006)

5 years ago

Depositions of nursing home maintenance supervisor and administrator allowed after Plaintiff demonstrated that other deposed individuals had insufficient knowledge of…

Estate of Virginia Ramirez, 2006 N.Y. Misc. LEXIS 4587; 236 N.Y.L.J. 107 (N.Y. Misc. 2006)

5 years ago

This is a motor vehicle case where Plaintiff cited Ahlborn, seeking to avoid reimbursing Medicaid. Decedent was injured in a…

Reed v. Missouri Department of Social Services, Family Support Div.,193 S.W.3d 839; 2006 Mo. App. LEXIS 879 (Mo. Ct. App., E.D., 2006)

5 years ago

In this Medicaid case, the State appealed from a trial court decision. The trial court's finding that the applicant was…

Guillot v. Lecc-Baton Rouge, Inc., 2006 La. App. LEXIS 2923 (La. Ct. App. 2006)

5 years ago

Resident's claim went to the medical review board. The review board's decision was mailed to an attorney in California, where…

Sharp v. Parkview Care Ctr., Inc., 2006 La. App. LEXIS 2128 (La. Ct. App. 2006)

5 years ago

Summary judgment for defendants was reversed. Resident, a stroke victim, was paralyzed on the right side including his mouth and…

Atkinson v. Manor Care Health Servs. 2006 Iowa App. LEXIS 744 (Iowa Ct. App. 2006)

5 years ago

Atkinson v. Manor Care Health Servs. After instructing the jury, the court realized that no instruction was given on proximate…

Gaddis v. Chatsworth Health Care Ctr., Inc., 282 Ga. App. 615 (Ga. Ct. App. 2006)

5 years ago

Plaintiff filed suit for negligence relating to falls in a nursing home but failed to attach the expert affidavit required…

Arch Plaza, Inc. v. Perpall, 2006 Fla. App. LEXIS 18693 (Fla. 3rd DCA 2006)

5 years ago

Defendants petitioned for a writ of certiorari seeking to quash denial of their motion to dismiss a wrongful death action.…

Buie v. Mariner Health Care, Inc., 2006 U.S. Dist. LEXIS 94139 (D. Miss. 2006)

5 years ago

Buie filed a wrongful death action after resident's death. Buie signed an agreement for arbitration on the line for a…

United States ex rel. Parikh v. Premera Blue Cross, 2006 U.S. Dist. LEXIS 90814 (D. Wash. 2006)

5 years ago

This case is a false claims case. Plaintiff filed a motion to compel after Defendant asserted an attorney-client privilege regarding…

Complete Healthcare Res. – E., Inc. v. Pac. Life Ins. Co., 2006 U.S. Dist. LEXIS 90794 (D. Pa. 2006)

5 years ago

Complete Healthcare Resources Eastern, Inc. sought a declaratory judgment that it was not liable to an insurer in subrogation and…

Medical Liab. Mut. Ins. Co. v. Alan Curtis Enters. 2006 U.S. Dist. LEXIS 89180 (D. Ark. 2006)

5 years ago

Insurer sought declaratory judgment against its named insureds, the nursing home, the company owning the realty and the management company…

Healthcare, LLC v. Leavitt, 2006 U.S. Dist. LEXIS 88906 (D. Ky. 2006)

5 years ago

CMS found that Hamburg Healthcare, a nursing home, was not in substantial compliance with the Conditions of Participation in the…

Jones v. Lexington Manor Nursing Ctr., LLC., 2006 U.S. Dist. LEXIS 88755 (D. Miss. 2006)

5 years ago

Insurer denied coverage because a claim made against the insured during the coverage period was not reported to the insurer…

Washburn v. Beverly Enterprises-Georgia, Inc., 2006 U.S. Dist. LEXIS 88628 (S.D. Ga. 2006)

5 years ago

After Plaintiff filed suit, Defendant filed a motion to dismiss, compel arbitration and stay discovery. The magistrate entered a report…

McCauley v. Highland Nursing & Rehab. Ctr., 2006 U.S. Dist. LEXIS 85627 (D. Mo. 2006)

5 years ago

Former employee of a nursing home alleged sexual harassment. Her employment agreement included an arbitration agreement. She moved to compel…

Essex Ins. Co. v. Parnell, 2006 U.S. Dist. LEXIS 79080 (D. Miss. 2006)

5 years ago

Plaintiff filed a wrongful death action against nursing home alleging the nursing home and its employees were responsible for her…

Bennett v. Beverly Enters., 2006 U.S. Dist. LEXIS 75561 (D. Miss. 2006)

5 years ago

Plaintiff filed suit alleging that Defendants participated in an unlawful scheme to fraudulently convey Beverly's assets through a merger transaction…

Beam v. Nexion Health Mgmt., 2006 U.S. Dist. LEXIS 71732 (D. Tex. 2006)

5 years ago

Plaintiff brought suit against Nexion Health Management and Nexion Health at Mount Pleasant contending that her mother was placed in…

Rucker v. Indianola Health & Rehab. Ctr. 2006 U.S. Dist. LEXIS 71192 (D. Miss. 2006)

5 years ago

Plaintiff filed wrongful death action against a nursing home alleging personal service on February 18, 2005. Default was entered on…

N. Mont. Care Ctr. v. Leavitt, 2006 U.S. Dist. LEXIS 69898 (D. Mont. 2006)

5 years ago

Nursing home appealed after it failed a survey and CMS threatened to terminate its provider agreement. After immediate jeopardy items…

Gray v. Mariner Health Cent., Inc., 2006 U.S. Dist. LEXIS 65725 (D. Miss. 2006)

5 years ago

Annie Pickens resided at Defendants' nursing home from October 8, 2002 until April 19, 2003, dying the next day. A…

Certain Underwriters at Lloyds, London v. Magnolia Mgmt. Corp., 2006 U.S. Dist. LEXIS 60635 (D. Miss. 2006)

5 years ago

Lloyds commenced the defense of a wrongful death case against the insured nursing home and various other entities. It did…

Moorman v. HQM of Spencer County, Inc., 2006 U.S. Dist. LEXIS 60198 (D. Ky. 2006)

5 years ago

Moorman v. HQM of Spencer County, Inc. After Plaintiff's case was removed to federal court, a motion to remand was…

Essex Ins. Co. v. Greenville Convalescent Home, Inc., 2006 U.S. Dist. LEXIS 56502 (D. Miss. 2006)

5 years ago

Plaintiff filed an action in State court alleging negligence, gross negligence, intentional infliction of emotional distress and fraud. Essex filed…

Evanston Ins. Co. v. Centennial Healthcare Corp., 2006 U.S. Dist. LEXIS 55385 (D. Ga. 2006)

5 years ago

In December, 2002, Centennial filed a Chapter 11 bankruptcy petition in the Northern District of Georgia. Nursing home negligence cases…

Ohio Cas. Group v. Am. Int’l Specialty Lines Ins. Co., 2006 U.S. Dist. LEXIS 52070 (D.N.Y. 2006)

5 years ago

Ohio Casualty filed a motion to compel other insurers to produce insurance claims file documents that were allegedly covered by…

Carlson v. Extendicare Health Servs., 2006 U.S. Dist. LEXIS 51351 (D. Minn. 2006)

5 years ago

Carlson was employed by Extendicare and filed suit under the Minnesota Whistleblower statute following an alleged constructive discharge. The court…

W. World Ins. Co. v. Resurrection Catholic Mission of the S., Inc., 2006 U.S. Dist. LEXIS 51119 (D. Ala. 2006)

5 years ago

Insurer filed a declaratory judgment action seeking coverage determination. Underlying suit, filed in State court, alleged sexual abuse by an…

Ray v. Heritage Care, Inc., 2006 U.S. Dist. LEXIS 50305 (D.D.C. 2006)

5 years ago

Plaintiff filed suit in federal court, District of Columbia, for wrongful discharge. The nursing home moved to dismiss or, in…

Lewis v. Delta Health Group, Inc., 2006 U.S. Dist. LEXIS 50111 (D. Miss. 2006)

5 years ago

After Defendant removed the case to federal court, Plaintiff alleged it should be remanded because the amount in controversy did…

Mariner Health Care, Inc. v. Weeks, 2006 U.S. Dist. LEXIS 50106 (D. Miss. 2006)

5 years ago

When Dan Weeks entered the nursing home, Murry Weeks, his legal representative signed an "an agreement to arbitrate any dispute…

Manor Care, Inc. v. First Specialty Ins. Corp., 2006 U.S. Dist. LEXIS 48249 (D. Ohio 2006)

5 years ago

Manor Care purchased a policy from First Specialty for coverage of "triggering events" in excess of $500,000 up to an…

Perry v. Manor Care, Inc., 2006 U.S. Dist. LEXIS 47861 (D. Pa. 2006)

5 years ago

Plaintiff originally filed a complaint in federal court alleging negligence that resulted in pressure ulcers and amputation of Plaintiff's right…

Mariner Health Care, Inc., v. Ferguson, 2006 U.S. Dist LEXIS 47021 (N.D. Miss. 2006)

5 years ago

Defendants in a State court action filed a declaratory judgment action in federal court seeking a declaration as to the…