Justia Lawyer Rating for Robert D. Kreisman

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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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Shirley Salesky was admitted to Rose Garden Rehabilitation and Nursing at Ann’s Choice to undergo physical therapy. At the time of her admission, the records noted that she had a reddened sacrum but no other skin breakdown.

Salesky was diagnosed as having two Stage II sacral pressure sores five days after that note was written in her chart. The pressure sores deteriorated and progressed to Stage IV. Sadly, Salesky died within two months after her admission to this rehabilitation facility.

Her estate sued Ann’s Choice and others, alleging that the staff there chose not to implement an individualized care plan, provide adequate skin assessments and wound care and properly rotate Salesky to prevent worsening pressure sores.

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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 sign a contract with Oakbrook Healthcare when their mother was admitted to its facility.

Section E of the contract called for arbitrating disputes and Section F said: “If the resident is compelled by a change in physical or mental health to leave the facility, this contract shall terminate on 7 days’ notice or immediately upon the resident’s death.”

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Caledonia Dela Pena, 91, suffered a fall at home; she sustained a fractured femur. She was admitted to Bryn Mawr Terrace facility where a skin assessment revealed intact skin with no rashes.

After Dela Pena’s discharge several days later, she was taken to a hospital emergency room where she was diagnosed as having a Stage I sacral pressure sore. Her health unfortunately deteriorated, including a worsening of the pressure sore. She died four months later and was survived by her two adult children.

Dela Pena’s estate sued Bryn Mawr Terrace, alleging that it chose not to timely turn and reposition her during her stay and provide proper wound care. The lawsuit also named the hospital for inadequate wound treatment and charting among other claims.

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Colvin Towns was admitted to the Camden Nursing Facility in 2008. He suffered from many and various health conditions, including congestive heart failure, bowel and bladder issues, cognitive loss and diabetes.

In 2016, he was sent to a hospital emergency department, where he was diagnosed with having nursing home-acquired pneumonia, respiratory failure and septic shock. Towns, who was in his 60s, died eight days after that hospitalization. He was survived by his two adult children.

Towns’s estate sued the nursing home, alleging that it chose not to provide sufficient staff and failed to implement an adequate care plan. The lawsuit maintained that the nursing home defendant failed to respond to Towns’s needs, including keeping him safe and free from developing pneumonia.

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John Tsucalas, 76, suffered from dementia and was admitted to Meadowview Rehabilitation and Nursing Center. Just two weeks later, he fell in his room, striking his head and his right hip. He was transferred to a hospital for treatment and died ten days later.

The cause of death was determined to be a blunt impact right hip fracture. Tsucalas’s estate sued the nursing home, alleging claims for wrongful death and survival. The Tsucalas estate asserted that the nursing home had chosen not to implement fall protection measures or properly supervise him.

Before trial, the parties settled for $75,000.

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Shirley Liebenguth lived at Cedarbrook Senior Care and Rehabilitation, a facility operated in part by the local county government. She was morbidly obese and required assistance with basic mobility and total assistance with transfers.

When a certified nursing assistant allegedly attempted to move her, she fell to the floor and suffered bilateral fractured femurs.

Liebenguth was brought to a nearby hospital where she suffered cardiac arrest and passed away. She was survived by her two brothers.

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James Owen, 89, lived in the John Knox Village Care Center. He fell while using the bathroom, suffering a fractured cervical vertebra, and died within two weeks. He was survived by his older sister.

The Owens estate and Owen’s sister sued the nursing home, alleging it chose not to provide residents with 24-hour oversight, properly train its personnel and adequately assist Owen while he used the bathroom.

Owen’s sister and the estate argued that the nursing home’s conduct amounted to complete indifference or conscious disregard for Owen’s safety, warranting punitive damages.

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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 and a provision in the contract for services that the contract terminates automatically in the event of Doris’s death.

From December 2018 through October 2019, Doris resided at the nursing home. She suffered a fall, fracturing her left femur on Jan. 14, 2019. She also suffered burns to her right hip five times between Feb. 20 and May 7, 2019.

On Oct. 2, 2019, Doris passed away. Mark filed a lawsuit in December 2020 against the nursing home, WDM Health Services Inc., and three caretakers. Mark alleged violations of the Illinois Nursing Home Care Act, negligence and claims under the Illinois Wrongful Death Act.

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