This is not a nursing home case. Justice Scalia, writing for the Court, framed the issue as whether a court or an arbitrator should consider a claim that a contract containing an arbitration agreement is void for illegality. Customers of a check cashing company had signed agreements including an arbitration clause. A class of customers […]
Blog
In Arkansas Dept. Health and Human Services v. Ahlborn, 547 U.S. 268 (2006), Heidi Ahlborn suffered severe and permanent injuries at age 19 as a result of an automobile accident. She was left partially brain damaged and unable to complete her education. Medicaid determined she was eligible for benefits and paid providers $215,645.30 on her behalf. Later, […]
Suit was filed after a CNA failed to check the water temperature before bathing resident; resident was burned and died 3 days later. Suit was settled for $1.5 million. One of Defendant’s insurers paid $200,000; Defendant paid the balance of $1.3 million because its other insurer was in liquidation. Defendant then sought indemnification from the […]
“Plaintiff presented expert medical testimony that the cause of Mr. Alston’s death was septicemia, or an infection which entered into his bloodstream. Plaintiff argued the cause of the infection was the pressure sores which defendant negligently failed to prevent. Defendant presented conflicting expert medical testimony that the cause of death was Alzheimer’s dementia, a terminal […]
Plaintiff’s suit against the nursing home was dismissed for failing to comply with the pre-suit notice requirement in W. Va. Code § 55-7B-1, et seq. The decision was affirmed. Any possible error was harmless because the dismissal was without prejudice and Plaintiff has the right o refilled after compliance with the statute.
A personal injury victim tried to make an end-run around MSP by having payment go directly to the victim. The trial court approved the settlement structure, but it was appealed. The case was reversed since “Liberty Mutual exposes itself to paying off Tripp’s Medicare lien in the event Tripp herself does not. Leaving Liberty Mutual […]
After Plaintiff brought suit against a nursing home, the trial judge indicated that he was personally acquainted with three of the witnesses expected to testify at trial. One was a nursing home administrator; the other two were physicians. The trial judge described himself as being “very good friends” with one of the doctors. The judge […]
The Estate appealed after the trial court granted Manor Care’s motion to compel arbitration. Resident’s wife had signed admissions agreement and an arbitration and limitation of liability agreement. After the resident filed suit, Manor Care answered, making a demand for trial by jury. Later it moved to compel arbitration. On appeal, Plaintiff argued that Manor […]
Conservator initialed pages indicating she read arbitration agreement, but did not sign the agreement. Facility made two attempts to have her sign the arbitration agreement and each time she declined. Resident continued to receive care in the facility. Plaintiff submitted an affidavit stating: “To the best of her memory and knowledge she had a reservation […]
Resident was in two different nursing homes and after her death, Plaintiff sued both of them. Each was dismissed and Plaintiff appealed. The action against the first nursing home was beyond the limitations period. Plaintiff’s discovery argument was rejected. The trial court’s dismissal of the second nursing home was also sustained since the only evidence […]
