Lillian Guernsey’s conservator brought suit alleging that Lillian was sexually assaulted by another resident at a personal care home. The case was tried to the court. The defendant conceded liability; after one defendant admitted negligence, Plaintiff moved for a directed verdict which was not opposed. The court found that compensatory damages were $300,000 and punitive […]
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Plaintiff’s estate brought suit against Life Care’s Bothell facility after she slipped out of a shower chair, was injured and later died as a result of those injuries and other pre-existing conditions. Plaintiff sought copies of incident reports regarding falls, transfers and assists for the three years prior to Plaintiff’s fall that Defendant compiled pursuant […]
Defendant removed State Court action for negligence alleging there was federal jurisdiction because a federally appointed receiver was operating the nursing home. Relying on Gay v. Ruff, 292 U.S. 25 (1934), the court found that federal appointment of a receiver, without more, does not confer federal jurisdiction. Plaintiff’s motion to remand was granted.
Plaintiff contested Medicare’s claim under the MSP statute. Initially counsel informed Medicaid by letter that there was no duty to reimburse Medicare due to the holding in Thompson v. Goetzmann, 315 F.3d 457 (5th Cir. 2002). Medicare responded that even if Goetzmann was relevant, it would not apply to beneficiaries residing outside the Fifth Circuit. […]
The government prosecuted a case under 18 U.S.C. § 1347, alleging violations of 42 C.F.R. § 483.15 and 42 C.F.R. § 483.25. Defendants Marth Bell and Atrium I Nursing and Rehabilitation Center were found guilty. In a post-trial motion, Defendants argued that the standards of care in 483.15 and 483.25 are vague and ambiguous. The […]
Plaintiff filed suit in State court against Centre Pointe HRC, SBK Capital and Life Care Centers of America, alleging violations of Florida statutory rights. Defendants removed the case to federal court based on diversity. After Plaintiff filed a motion to remand, all defendants consented to remand. The motion before the court was for attorney’s fees, […]
Facility sought to compel arbitration after suit was filed. Resident was alone when admitted to the facility. He was illiterate, but purportedly executed an arbitration agreement. Although illiteracy alone will not invalidate an arbitration agreement, the Estate contended that the resident did not place the “X” on the agreement and the facility employees could not […]
Defendant moved to strike Plaintiff’s count alleging a violation of the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. § 42-110a et seq. The allegations pled did not support the claim since they were general allegations of false reporting, and did not concern entrepreneurial or business aspects of running a nursing home. The motion was […]
Suit was brought in the name of a deceased nursing home resident for negligence and carelessness, alleging violations of 42 C.F.R. § 483.25(h)(1) and because Defendants did not prevent accidents. Defendant brought it to the court’s attention that the resident was deceased and moved to dismiss. Plaintiff moved for an extension of time to respond […]
Estate brought a claim for wrongful death and elder abuse against a nursing home. After hearing, the trial court sustained a demur to the elder abuse claim, finding the estate failed to allege conduct amounting to recklessness. The Estate appealed. The court found that “the estate’s complaint alleges (1) the defendants were aware that Gibson […]
