Justia Lawyer Rating for Robert D. Kreisman

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Thomas Handzus, 75, suffered from dementia, schizophrenia, malnutrition and other ailments. He was a resident of Meadowview Rehabilitation & Nursing Center.

During his approximate three-month stay at this nursing home facility, he experienced weight loss, aggressive behavioral disturbances and confusion. Handzus also left the facility unsupervised or was wandering.  It became necessary for him to be transferred to a behavioral health unit for psychiatric care.

After Handzus returned to the nursing home, he fell and hit his head. Following a hospitalization, he was transferred to hospice care and died several days later. He was survived by his son.

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Clementine Leonard was a resident of Symphony Jackson Square LLC, which is a long-term care nursing facility. The facility is governed by the Illinois Nursing Home Care Act. She was a resident from Feb. 27, 2016 through June 10, 2016.  Symphony was managed and operated by Maestro Consulting Services LLC.

On Feb. 7, 2019, Marilyn Herns, as the court-appointed guardian of Leonard’s estate, filed a lawsuit against Symphony Jackson Square, Maestro and Norwegian American Hospital Inc., which was not a party to this appeal.

The lawsuit alleged violations of the Illinois Nursing Home Care Act and negligent mistreatment that led to multiple pressure sores as well as an allegation of common law negligence brought against Maestro. The defendants moved to compel arbitration based on a healthcare arbitration agreement that Herns signed along with the admissions paperwork when Leonard was admitted, and to dismiss based on the two-year statute of limitations as for negligence.

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The Illinois Appellate Court for the 1st District reversed and remanded a part the Second Amended Complaint that alleged violations of the Illinois Nursing Home Care Act and common law negligence. The trial judge denied the defendants’ motion to compel arbitration, ruling that the plaintiff denied the existence of a valid arbitration agreement and stating that she lacked authority to sign the agreement on behalf of the patient. Section 2(a) of the Uniform Arbitration Act contemplates a summary proceeding in which the court substantively disposes of the issues presented.

The appellate court order reversed and remanded the case with instructions to proceed summarily pursuant to Section 2(a), and to render disposition resolving the factual legal issues raised in determining at the trial level the validity of the nursing home’s agreement.

The court denied the defendants’ Section 2-619(a)(5) motion to dismiss on statute of limitations grounds finding that a question of fact existed as to whether the patient was under a legal disability, was not injunctive in nature and thus is not appealable under Rule 307.

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Olive Mary Davis lived at the Silver Lake Nursing & Rehabilitation Center. As a known fall risk, she required a high level of care, including a bed alarm, verbal cues and raised bed rails.

On the day of this incident, she was found on the floor covered in blood. She suffered a fractured right hip. The fracture required open reduction and internal fixation surgery as well as treatment for her fractured forearm.

Davis died of her injuries within two months and was survived by her daughter.

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Elaine Waintrup, 91, was admitted to Rydal Park Nursing Home. She lived there for almost four years. During this time, she suffered multiple falls, sometimes falling more than once in the same day.

The injuries from the falls she suffered included facial and head lacerations and a nasal fracture that necessitated hospitalizations.

In addition, an investigation that was conducted after one of her falls led to an Adult Protective Services determination that Waintrup had been the subject of caregiver negligence.

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Mary Ritter was a nursing home resident. She had a history of kidney disease and a left leg amputation.  During a transfer at the nursing home, she was dropped to the floor. She suffered a traumatic femur fracture.

She then developed necrotic pressure ulcers, which led to a decline in her condition and ultimately was a cause of her death. She was just 60 years old at the time and was survived by her two adult children.

The Ritter estate and family sued the nursing home and several of its providers alleging nursing home malpractice and wrongful death.  After the parties agreed to a confidential settlement, the plaintiffs filed a petition with the Indiana Patient Compensation Fund. Before trial, the parties settled for $205,200.

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Ms. Doe was a resident of an assisted living facility. She was an elderly woman who suffered from severe dementia. While residing at this facility, Ms. Doe experienced several falls.

A month after suffering fractures from one of the falls, she passed away. The family brought a lawsuit against the assisted living facility for choosing not to perform timely fall risk assessments of its residents, including Ms. Doe.

The case settled before trial for $250,000.

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Ms. Doe, 80, used a wheelchair and resided in a nursing home. While transporting Doe to her doctor’s appointment, a driver for Roe Medical Transport Co. chose not to secure her wheelchair into the van’s locking mechanism. When the driver stopped abruptly, Doe was thrown into the console.  She suffered a fractured femur.  Doe required an open reduction and internal fixation surgery.

Doe claimed that the transport company’s driver had negligently chosen not to secure the wheelchair. The defense contended that the van’s lessor was liable for its defective locking mechanism.

Before trial, the parties settled this case for $237,500.

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Mary Benton, 98, lived at the Agape Senior Assisted Living Facility. She suffered from mild dementia that required assistance with her day-to-day activities.

During her time at the assisted living facility, her condition deteriorated, and she was hospitalized for dehydration, infections and low blood pressure.  In addition, she fell on two occasions, the last of which resulted in a broken hip.

Benton was not a candidate for surgery and was later transferred to her friend’s home where she unfortunately passed away. She was survived by her son.

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Elaine Jenkins was admitted to the transitional care unit of Vibra Hospital of Charleston. While she was there, she suffered from debilitating injuries, which led to her permanent decline in her health.

Jenkins’s estate sued Vibra Hospital and its administrator, alleging negligence, negligence per se, breach of contract, fraud and misrepresentation, violation of the South Carolina Unfair Trade Practices Act, wrongful death and survivorship.

The Jenkins estate also argued that among other things, the defendants chose not to conduct adequate assessments, respond to changes in Jenkins’s mental status, and also failed to notify her family members after she suffered a number of different incidents at this facility.

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