Plaintiff alleged that Four Seasons Nursing Centers abused her mother. She maintained that ManorCare’s conscious indifference to her mother’s unresponsive and comatose condition during the summer of 2005 lead to her mother’s hospitalization and eventual death. Defendant filed a motion to dismiss alleged violations of the Oklahoma Consumer Protection Act and to dismiss claims for […]
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When Luanna Campbell was admitted to a nursing home, her daughter signed a number of agreements, including an arbitration agreement. Plaintiff argued there was no valid agreement to arbitrate because: (1) Lizzie Bowens lacked the authority to bind Luanna Campbell to arbitration; (2) the circumstances in which Campbell signed the agreement are dubious; and, (3) […]
Plaintiff filed suit on August 25, 2004 against Mariner Health Care, Inc. ; National Heritage Realty, Inc.; Grancare, Inc. ; Evergreen Healthcare, Inc. ; J.D. Lee; Boyd Gentry; Roy Dumas; Lisa Collins; George D. Morgan; Sydney K. Boone, Jr.; Angela Kuntz; James F. Craven; Unidentified Entities 1-10; and John Does 1-10 (As to Yazoo City […]
Plaintiffs filed Interrogatories and Requests to Produce seeking statistical information related to the number and causes of death that occurred among the universe of the Defendant physicians’ patients before and during the December 2000 to February 2001 alleged rampage by Nurse Jackson at Nocona General Hospital. Defendants filed identical objections as to privilege and relevance. […]
Harmon v. St. Augustine Manor Plaintiff filed a malpractice and wrongful death action against the nursing home and other defendants alleging that resident’s death was a direct and proximate cause of violations of Ohio law and of 42 U.S.C. § 483, et seq. Defendants removed the action to federal court and Plaintiff filed a motion […]
Plaintiffs sued for negligence and nursing home moved to compel arbitration. Plaintiffs argued that the agreement could not be enforced because it was a pre-injury agreement subject to AHLA rules and is invalid in light of the AHLA’s revised ruled. The court found otherwise. “[T]he AHLA rules provide that “[i]n limiting the circumstances under which […]
Resident fell while using a walker at the nursing home and was “impaled on the basket hook.” After the fall, he needed surgery, suffered a heart attack and died. The Estate brought an action contending the walker was defective. Plaintiff failed to disclose an expert witness before the discovery and Defendant moved to bar Plaintiff […]
In a “short” order, the District Court adopted the Report and Recommendation of the Magistrate finding that a medical malpractice settlement was not subject to any Medicare repayment or lien. It does not appear as though CMS was a party to the action. Thomas G. Golden of Bainbridge Island, Washington, represented the Plaintiff. Mr. Golden […]
Plaintiff’s decedent was a nursing home resident who developed severe decubitus ulcers and suffered from dehydration and malnutrition. Plaintiff alleged medical malpractice, negligence per se and third party beneficiary breach of contract. Defendants moved to dismiss and for judgment on the pleadings. Citing Brogdon v. National Healthcare Corp., 103 F.Supp. 2d 1322 (N.D. Ga. 2000), […]
Stalley brought a qui tam action against a group of skilled nursing facilities for failing to reimburse Medicare under the Medicare Secondary Payer Act (MSP). The action was removed and then the Defendants filed a motion to dismiss for lack of Article III standing. Because he was neither eligible for Medicare nor injured, the Court […]
Insurer denied coverage under a claims made policy. On motion for summary judgment, the Court ruled for the insurer, finding that the two policies in issue were clearly written. The first policy did not apply because, although the incident occurred during the policy period, it was not reported during the policy period. The second policy […]
Plaintiff, an Alzheimer’s patient, exited the nursing home on March 22, 2004 through an unlocked door. He was chased by staff as he went into a courtyard. In the courtyard, he tripped over a light post and suffered injury. He was found unresponsive and bleeding from the head. At the hospital he was diagnosed with […]
Plaintiff filed suit against a nursing home in State court alleging that Defendant failed to take necessary precautions to protect nursing home residents from Hurricane Katrina. The action was filed as a class action and Defendant removed it to federal court under the Class Action Fairness Act. The Act conveys federal jurisdiction where there is […]
Insurer issued two insurance policies to Defendant’s nursing home. When suit was filed in Arkansas, the insurer employed counsel to defend the action and paid all costs associated with the defense. Insurer asked Defendant to contribute to a settlement and when Defendant refused, the insurer funded the settlement. Insurer then brought an action for reimbursement. […]
Defendants filed motions to strike two counts in Plaintiff’s complaint, alleging recklessness in the care and treatment of the decedent, as well as, a violation of Conn. General Statutes § 19a-550(b)(10). The motions were denied. As part of Plaintiff’s negligence claim, Plaintiff alleged that “defendants failed to properly care for, assess and/or treat the decedent’s […]
Resident suffering from dementia was admitted to nursing facility. Husband signed admissions documents including two arbitration agreements. California law prohibits including the arbitration agreement in the admissions agreement so it was a separate document. Husband signed the arbitration agreement on a line labled “Legal Rep/Responsible Party/Agent.” Husband did not hold a power of attorney and […]
Children of deceased nursing home resident sued nursing home. The trial court denied the nursing home’s motion to compel arbitration and the nursing home appealed. The resident had executed a California Probate Code § 4701 health care power of attorney that impliedly included the power to execute contracts for nursing home admission. The power of […]
Plaintiff filed suit for medical malpractice, negligence, violations of the Residents’ Rights Act and wrongful death. The complaint was personally served on Defendant’s agent on February 9, 2005. Defendant had 30 days to file an Answer. Without filing a request for extention, Defendant filed first answer 30 days too late. Plaintiff moved to strike the […]
Margaret Dickson was a resident at Hildebrand Hidden Acres, a nursing home, when Vincent Pharmacy and its pharmacist on duty, James Ehl, “mis-filled” a medication prescribed for her. As a result, Dickson became hyperglycemic and had to be hospitalized. One of her daughters, Barbara Lacey, filed a complaint on Dickson’s behalf, alleging negligence and wantonness. […]
Kindred filed a motion for an emergency protective order after the trial allowed limited discovery on the sole issue of whether the arbitration agreement executed on behalf of the resident was void. Among the matters over which Kind sought protection was the relationship between Kindred and the service that administers the ADR program, as well […]
Following a jury trial, verdict was entered awarding damages as follows: $132,157.17 for medical expenses; $650,000 for Baumgarten’s pain and suffering; $3,965.31 for funeral and burial expenses; and $225,000 for Virginia Baumgarten’s loss of society and companionship claim. After trial, the court entered an order reducing the medical expenses to $82,157.17 and offered the estate […]
A jury awarded $500,000 to the resident’s estate for noneconomic damages for predeath pain and suffering, $350,000 to the spouse for predeath loss of consortium and $350,000 for post-death loss of consortium. The trial court reduced the award to $350,000, which was the cap for noneconomic damages in a medical malpractice case. The court of […]
In this wrongful death case, the parties filed motions in limine and the following were before the court: “(1) Defendant A+’s Motion to Exclude Evidence Unrelated to the Proximate Cause of Edna Heiden’s Death; (2) Defendant A+’s Motion to Limit the Number of Plaintiff’s Expert Witnesses; and (3) Plaintiff’s Motion to Exclude from Evidence (i) […]
James Szymczak brought a qui tam action against a hospital and nursing home alleging that fraudulent Medicare claims were filed and payment was received for unnecessary, unrendered, misrepresented, and unreimbursable services in violation of the False claims act (31 USC § 3729-31). Szymczak filed the action pro se and the district court dismissed the action, […]
Lakeridge is an Ohio nursing home that participates in Medicare and Medicaid. When it was surveyed, it was found out of compliance with several provider requirements. It was fined a civil monetary penalty of $80,300. The fine was upheld and affirmed on appeal. Among the violations cited were “one violation of 42 C.F.R. § 483.25(h)(2), […]
Plaintiffs sued nursing home and case was dismissed because their expert reports failed to comply with Tex. Rev. Civ. Stat. Art. 4590i, § 13.01. Defendants argued that one expert was not qualified and argued that the other was conclusory and did not sufficiently describe a causal link between the negligence and the injury. Plaintiffs argued […]
Resident went to a nursing home after surgery due to a right hip fracture. After developing an upper respiratory infection and a urinary tract infection, he was re-hospitalized. He became unresponsive and was placed on hospice with family agreement. His condition worsened and he died. The family filed a wrongful death suit and Defendants moved […]
Plaintiff served a request to produce for the nursing home’s personnel files. The nursing home objected, contending they included confidential information and introduced the administrator’s affidavit to that effect, arguing that the trial court must conduct an in camera examination of the documents before they were produced. The trial court indicated it would inspect specific […]
The trial court’s order replacing a health care agent was affirmed. Resident, an 88 year old Alzheimer’s patient, was unmarried and had no children. He had named his neighbor as his health care agent. There was evidence that the agent had used a power of attorney to make substantial gifts to himself. Following admission to […]
A Tennessee case decided November 1, 2006, addresses estate recovery for married individuals. In In re Estate of Smith, Mr. and Mrs. Smith had been married for more than 60 years. Mrs. Smith suffered a series of strokes in 2001. She was then admitted to a nursing home in Madison, Tennessee. She predeceased her husband. […]
Resident suffered from Alzheimers’s dementia. While he was in the nursing home, he developed a severe scrotal infection. He was taken to the hospital on September 8, 2003 where hospital personnel described his condition as the worst case of neglect they had ever seen. Resident died on November 4, 2003. Suit was filed on September […]
Resident died in April 2000. Suit was filed in February 2002. The action was removed to federal court but was later remanded. Kindred and a hospital defendant argued that the one-year statute of limitations had expired; Plaintiff countered that they were prevented from filing an action within one year because Kindred was in bankruptcy and […]
The trial court denied a motion to compel arbitration because the agent had no authority to execute the arbitration agreement. On appeal, the court found that the health care agent “had the authority to execute on King’s behalf any waiver, release, or other document which may be necessary to implement health care decisions that Daniel […]
Resident fell and suffered a head wound at nursing home. After getting treatment at hospital, resident returned to the nursing home the same day. Six days later she began vomiting, was taken back to the hospital where she died. In the original complaint, Plaintiff sued NHC, the hospital and doctors. Two years later, new counsel […]
The trial court granted Defendants’ motion for summary judgment due to the limitations period having expired. Plaintiff argued the limitations period was tolled by T.C.A. § 28-1-106. The trial court rejected that argument because the resident had granted a durable power of attorney to Plaintiff prior to becoming incompetent. On appeal, the court found that […]
When defendant answered the complaint it alleged the dispute was subject to arbitration and asked for a jury trial. After four months of discovery, Defendant moved to compel arbitration. The trial court denied the motion ruling that Defendant could not withdraw its jury demand without Plaintiffs’ consent. On appeal, the court found that Defendant could […]
Plaintiff appealed after the case was non-suited. “From November 6, 1998, to December 3, 1998, Appellant was hospitalized at GMC with spinal cord injuries …. On December 3, 1998, he was transferred to HealthSouth for rehabilitation therapy. At some point, Appellant developed pressure wounds on his buttocks and sacrum. Due to the development of an […]
Plaintiffs filed suit for negligence and wrongful death. The nursing home appeared specially and moved to dismiss or in the alternative to compel arbitration. The trial court denied the motion to compel arbitration. The nursing home argued that the Federal Arbitration Act applied because it received Medicare payments originating out of state, complied with Medicare […]
Adams v. Gables at Green Pastures Nursing Home The nursing home filed a motion for summary judgment, alleging it was a political subdivision entitled to sovereign immunity. Plaintiff’s expert was deposed and concluded that the nursing home deviated from the standard of care by failing to develop and implement an acute care plan for falls, […]
Trial court granted motion to stay pending arbitration. Affirmed on appeal. On appeal Plaintiff argued that the agreement was procedurally and substantively unconscionable. Reviewing the facts, the court observed that “[a]n unconscionable contract clause is one in which there is an absence of meaningful choice for the contracting parties, coupled with draconian contract terms unreasonably […]
Resident died after becoming entrapped between a mattress and bedrail. Nursing home employee provided report to nursing home administrator, which administrator crumpled and put in desk drawer. Later, second report was prepared. During deposition, Plaintiffs asked: “(1) what was Ms. Airhart’s reaction upon learning of the events about Mr. Mathias; (2) what did Ms. Airhart […]
Summary judgment for nursing home was affirmed. Plaintiff was left alone by independent contractor ambulance driver when the driver escorted another patient to her residence. When driver returned, resident was missing, having wandered off. Resident was found 3 days later, having died from hypothermia. Nursing home could not be held vicariously responsible for independent contractor’s […]
In this “short” order, the court of appeals reversed in part denial of defendant’s motion for summary judgment. That portion of Defendants’ motion seeking summary judgment on punitive damages claims was improperly denied because Defendants met their burden on the motion by establishing the absence of any conduct that could be viewed as so reckless […]
Resident, 91 year old allegedly sustained a fractured femur and multiple bruises while she was being transferred from bed to a wheelchair. An agency CNA, Akosah, had been assigned to assist the LPN on duty. After Plaintiff filed suit, the nursing home brought a third-party action against the agency CNA and her employer. Plaintiff moved […]
Defendants’ motion for summary judgment granted and affirmed where experts for Defendants’ gave opinions that pressure ulcers on heels were result of vascular and arterial disease, leaving resident with no pulse in lower extremities. Plaintiffs’ expert offered only conclusory assertions and speculation that an earlier diagnosis and treatment of heel decubitus would have avoided bilateral […]
Depositions of nursing home maintenance supervisor and administrator allowed after Plaintiff demonstrated that other deposed individuals had insufficient knowledge of resident’s injuries and likelihood that the additional witnesses possessed information that was material and necessary.
This is a motor vehicle case where Plaintiff cited Ahlborn, seeking to avoid reimbursing Medicaid. Decedent was injured in a collision on June 30, 2005 and died intestate on July 4, 2005 at age 85. A proposed settlement of $50,000 constituted the defendant’s insurance limits. All medical expenses associated with the collision were paid by […]
In this Medicaid case, the State appealed from a trial court decision. The trial court’s finding that the applicant was eligible for Medicaid was affirmed Reed entered Blanchette Place Care Center in July of 2003. In September, she and her daughter entered into a “personal care contract.” The contract required Reed’s daughter to perform duties […]
Resident’s claim went to the medical review board. The review board’s decision was mailed to an attorney in California, where it was signed for by a postal employee and then was forwarded to an attorney in Louisiana. Under Louisiana law, the limitations period is suspended while a claim is with the review board, but the […]
Summary judgment for defendants was reversed. Resident, a stroke victim, was paralyzed on the right side including his mouth and throat. His condition interfered with chewing and swallowing. At admission, the dietician noted resident’s diet as no concentrated sweets and chop meat. Later it was changed to 1800 calorie diabetic diet, then later to chopped […]
