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…
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…
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…
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…
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…
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…
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.…
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…
Ms. Doe, 78, suffered from blindness and mild dementia. Her nursing home care plan called for her to receive assistance from at least two people during any type of physical transfer. This would mean transfer from her bed or transfer from a chair or a transfer from her wheelchair. Nonetheless,…
In a confidential settlement, a nursing home paid $475,000 to a seriously injured resident. The resident was listed and charted as being at a high risk for falling. However, several nursing assistants placed the resident at the edge of her bed and then left her alone. This occurred while the…