Jacob Saul was born prematurely with neurological deficiencies. He was later transferred to Cambridge Pediatrics Nursing Home for rehabilitation. Jacob remained at the nursing home. At eight months of age, he was found unconscious and in respiratory arrest. It was later revealed that Jacob’s tracheostomy tube had dislodged and that…
Chicago Nursing Home Lawyers Blog
Outbreak of Bacteria from Intravenous Syringes Injures 52 Nursing Home Patients
Contaminated syringes have been associated with the outbreak of bacteria that infected nearly 150 people since August 2016. Fifty-two of those cases were in New Jersey. According to the Centers for Disease Control (CDC), “the majority of these cases occurred in patients residing at long-term care or rehabilitation facilities who…
State Supreme Court Affirms Overruling of Objections to Motion to Compel Arbitration in Nursing Home Lawsuit
An appeal was taken from an order entered on June 18, 2015 that denied the motion of the defendants, Manor Care of Carlisle PA, LLC, etc., for reconsideration after the circuit court judge denied their motion to compel arbitration in this nursing home abuse case. It is well-settled that “denial…
$143 Million Settlement Reached in Nursing Home Chain’s False Claims Act Litigation
Life Care Centers of America, which operates 200 locations and is based in Tennessee, will pay $143 million to settle a False Claims Act (FCA) litigation in which it was alleged that the corporation had billed Medicare for excess treatment. According to the report of the case, this was a…
$303,000 Jury Verdict Entered Against Nursing Home In Which Staff Negligently Removed Skin Staples from Resident
Robert Lankford, 69, underwent abdominal surgery. He was admitted to Life Care Center Pensacola for his recovery period. One of the nursing facility’s nurses mistakenly removed Lankford’s skin staples, which led to a wound infection. Lankford required a second surgery to close the wound. Afterward, he was returned to Life…
$30 Million Nursing Home Jury Verdict with Punitive Damages
Martha Pierce, 83, suffered a stroke and became partially paralyzed and weak on her right side. She required additional assistance from her nursing facility, the Allenbrooke Nursing & Rehabilitation Center. One of the nursing home’s staff members identified Stage IV pressure ulcers on Pierce’s right foot. Even in view of…
Nursing Home Pressure Ulcer Case Reversed and Remanded for New Trial When Court Replaced Holdout Juror
The plaintiff, August Bosman, who was the special administrator of the Estate of Joan Bosman, appealed from the denial of his motion for a new trial. The plaintiff argued that the court was in error in replacing a holdout juror with an alternative juror during jury deliberations. The lawsuit was…
Appellate Court Finds Nursing Home Cannot Force Arbitration in Wrongful Death Claim
An Ohio Appellate Court has held that an arbitration agreement signed by the son of a resident at the time of the father’s admission to a nursing home did not justify compelled arbitration. Marcus Vickers signed an arbitration agreement when his father, Jack Johnson, was admitted to the Canal Pointe…
New Rule Bars Nursing Homes Receiving Federal Funds From Requiring Arbitration in Disputes
According to a recent report in the New York Times, an agency within the federal Health and Human Services Department issued a rule that bars any nursing home that receives federal funding from requiring that its residents resolve disputes in arbitration as an alternative to a lawsuit in a court.…
$586,600 Arbitrator Award in Assisted Living Facility Injury and Death Case
Violet Moseson, a 97-year-old resident of an assisted living facility, was mandated to be checked on every morning. The facility was to perform safety checks each morning for this resident and others. At the time of this occurrence, the electronic system through which the facility was supposed to communicate with…