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…
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…
The Illinois Appellate Court for the First District ruled that Nancy Clanton, as administrator of her mother Laurel Jansen’s estate, does not have to arbitrate Survival Act and Nursing Home Care Act claims against Oakbrook Healthcare Centre. Clanton’s sister, Debbie Kotalik, used her authority under a power of attorney to…
The Illinois 4th District Appellate Court affirmed the decision of an Adams County Circuit Court judge. In December 2018, Mark Mason signed numerous documents allowing his mother, Doris Mason, to be admitted to St. Vincent’s Home Inc., a nursing home, including an admissions agreement. The agreement included an arbitration clause…
Cecil Smith Sr. was admitted to the Sandpiper Rehab & Nursing facility. Shortly after his admission, he developed a deep sacral pressure ulcer or bed sore that became infected. The opening in the skin caused by the pressure ulcer led to complications that caused Smith’s death less than a year…
The Estate of Lucille Rigoli sued the owners and operators of a nursing home for negligently causing her wrongful death and suffering before her death. She died on May 10, 2016. The court appointed Michael Rigoli to serve as independent executor of her estate. On March 13, 2018, Rigoli, as…
Rhonda Stephan, as the personal representative of the estate of Bobby Gene Hicks, appealed an order by the trial court granting a motion to compel arbitration that was filed by Millennium Nursing and Rehab Center Inc. Stephan contended that Bobby Hicks, her father, died in 2015 while he was a…
A Kentucky appellate court has held that a nursing home arbitration agreement without specific language allowing an attorney-in-fact to waive a resident’s right to a jury trial was enforceable because of a recent U.S. Supreme Court decision. In reversing the trial court’s denial of the defendant’s motion to compel arbitration,…
On March 1, 2013, Ann Sanders entered into a residence agreement with the defendant, Victory Centre of Melrose Park, SLF Inc., a licensed supportive living facility. Pursuant to an addendum to the residence agreement, the parties agreed that all claims arising out of that agreement, including those of malpractice, could…
In this case, the Kentucky Supreme Court’s clear-statement rule was held to violate the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment. The Federal Arbitration Act (the Act) makes arbitration agreements “valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for…