Justia Lawyer Rating for Robert D. Kreisman

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Sonia Godfrey was a recovering heart surgery patient who was transferred from the hospital to Centennial Healthcare and Rehabilitation Center. At the time of her admission, she was noted to have pressure ulcers on her sacrum and right thigh.

While residing at the nursing home, she suffered a fall, with no known witnesses, which required her return to the hospital. It was at the hospital that her pressure ulcers persisted. Godfrey was later admitted to a long-care facility; she unfortunately passed away.

A wrongful death lawsuit was filed on behalf of Godfrey’s estate against Centennial Healthcare LLC and Temple University Hospital Inc., alleging that both entities chose not to adopt the accepted protocols to prevent falls and that they incorrectly assessed Godfrey’s pressure sores. In addition, it was alleged that the defendants failed to timely diagnose and properly treat the pressure ulcers.

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Ms. Doe was transferred to Roe Nursing Home after suffering fractures from falls.  Her doctor’s orders instructed nurses at the nursing home to regularly assess the skin around Ms. Doe’s cast to detect skin breakdown, swelling and changes in color. The nursing home nurses were also instructed to cleanse and apply treatment to Ms. Doe’s leg ulcer each day.

Within two weeks, Ms. Doe was returned to the hospital where she was diagnosed as having a gangrenous wound and maggots crawling out of her cast. Unfortunately, Ms. Doe required an amputation of her right leg.

Ms. Doe sued the nursing home alleging that it had chosen not to comply with her physician’s orders and to provide the needed wound care. The defendant nursing home countered that Ms. Doe’s extreme obesity and uncontrolled diabetes made amputation likely even in the absence of the nursing home’s wrongdoing.

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Doe allegedly suffered a series of falls at Roe Nursing Home. He was diagnosed as having a serious head injury. Doe later died; his death was allegedly caused by these falls.

A lawsuit was filed against an undisclosed defendant nursing home and its parent company alleging administrator and corporate negligence. The lawsuit sought punitive damages.

Before trial, the parties settled for $4.25 million.

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Sam Rios Jr., 86, was admitted to Pine Creek Care Center for a rehabilitation stay after suffering a fractured hip. Over the next two weeks, he developed two pressure sores. One of the pressure sores was diagnosed as being Stage IV. Rios died almost a year later and suffered pain and debilitation until his passing.

Rios’ successor in interest and his children sued Daisy Holdings LLC, Pine Creek’s parent company, and other corporate entities, alleging elder abuse, under-staffing, custodial negligence, constructive fraud, violation of patient rights, wrongful death and alter ego liability.

The lawsuit alleged that these defendants had placed profits over patient care, chose not to prevent Rios from developing the pressure sores and failed to properly care for Rios once the pressure sores were identified.

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Carlos Ruiz, 84, suffered from advanced dementia and Alzheimer’s disease. He was admitted to Palm Garden of Aventura with a diagnosis of “functional decline.” While at the facility, he developed a sacral pressure ulcer, which later became infected.

Ruiz died of this condition. He was survived by his four children.

Ruiz’s personal representative sued Palm Garden of Aventura LLC and Palm Healthcare Management LLC, alleging that the defendants’ staff chose not to develop an adequate care plan or properly monitor him.

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The Illinois Appellate Court held that an Evanston long-term care facility would have to face a wrongful death trial in court rather than by arbitration. The panel ruled that the facility’s arbitration agreement was optional and therefore unenforceable. One of the appellate court justices concurred, writing that such agreements are financially motivated.

Cheryl Parker sued Symphony of Evanston Healthcare LLC and Maestro Consulting Services LLC, alleging violations of the Illinois Nursing Home Care Act and common-law negligence under the Survival Act and Wrongful Death Act.

Parker sued in the Circuit Court of Cook County on behalf of Mae Jefferson, a Symphony of Evanston resident. Jefferson designated her daughter Kathy as her agent in an Illinois statutory short form power of attorney for health care.

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While a resident at Buckingham Valley Rehabilitation and Nursing Center, Walter Dendall developed pressure sores, UTIs, pneumonia, enterocolitis, C. difficile, renal failure and septic shock, all which led to his untimely death.

The Riley estate sued the nursing home, alleging negligence, wrongful death and survival claims.

Before trial, the parties settled for $200,000.

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Ms. Doe, 93, suffered from dementia and lived at the Roe Care Center. Her condition necessitated that she receive extensive assistance with transfers to and from her recliner, including when she needed to use the bathroom.

When Ms. Doe called for assistance, two aides allegedly responded and used the recliner to raise her to a standing position. The aide then allegedly assisted Ms. Doe to the bathroom and brought her back to the recliner. She was left in a standing position. The aide did not assist Ms. Doe in getting back into her chair.

As a result, Ms. Doe fell and fractured her left leg, which required surgery. The procedure left Ms. Doe bedridden and completely immobile, which in turn led to the development of pressure sores.

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Ida Donaway, 86, was admitted to the Woodview nursing home; she had been living there for four months. At the time of her admission, she suffered from speech issues and left hemiparesis or partial paralysis.

While a resident at this facility, she developed a Stage IV sacral pressure ulcer that required two surgical debridements.

Donaway later developed another pressure ulcer on her heel and was then transferred to another nursing home following a hospitalization. Unfortunately, she died three months later and was survived by her two daughters.

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The decedent administrator sued Oakbrook Healthcare Centre, alleging negligence while the decedent resided in the skilled nursing facility. Oakbrook moved to compel mediation or arbitration with respect to the counts against it, relying on the arbitration provision within the contract signed by the decedent’s daughter and the nursing home.

The trial court denied Oakbrook’s motion to compel arbitration, finding the arbitration provision substantively unconscionable. Oakbrook then appealed.

The First District Court of Appeals affirmed on other grounds. The arbitration provision was unenforceable because the contract unequivocally provided it would terminate “immediately upon the resident’s death.”

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