The government prosecuted a case under 18 U.S.C. § 1347, alleging violations of 42 C.F.R. § 483.15 and 42 C.F.R. § 483.25. Defendants Marth Bell and Atrium I Nursing and Rehabilitation Center were found guilty. In a post-trial motion, Defendants argued that the standards of care in 483.15 and 483.25 are vague and ambiguous. The […]
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Plaintiff filed suit in State court against Centre Pointe HRC, SBK Capital and Life Care Centers of America, alleging violations of Florida statutory rights. Defendants removed the case to federal court based on diversity. After Plaintiff filed a motion to remand, all defendants consented to remand. The motion before the court was for attorney’s fees, […]
Facility sought to compel arbitration after suit was filed. Resident was alone when admitted to the facility. He was illiterate, but purportedly executed an arbitration agreement. Although illiteracy alone will not invalidate an arbitration agreement, the Estate contended that the resident did not place the “X” on the agreement and the facility employees could not […]
Defendant moved to strike Plaintiff’s count alleging a violation of the Connecticut Unfair Trade Practices Act, Conn. Gen. Stat. § 42-110a et seq. The allegations pled did not support the claim since they were general allegations of false reporting, and did not concern entrepreneurial or business aspects of running a nursing home. The motion was […]
Suit was brought in the name of a deceased nursing home resident for negligence and carelessness, alleging violations of 42 C.F.R. § 483.25(h)(1) and because Defendants did not prevent accidents. Defendant brought it to the court’s attention that the resident was deceased and moved to dismiss. Plaintiff moved for an extension of time to respond […]
Estate brought a claim for wrongful death and elder abuse against a nursing home. After hearing, the trial court sustained a demur to the elder abuse claim, finding the estate failed to allege conduct amounting to recklessness. The Estate appealed. The court found that “the estate’s complaint alleges (1) the defendants were aware that Gibson […]
Plaintiff filed suit for nursing home negligence alleging multiple causes of action. Defendant filed a demur which was granted as to “the causes of action for willful misconduct, elder abuse, and intentional infliction of emotional distress. The court struck the punitive damage allegations and prayer for non-economic damages, and denied a motion to add punitive […]
Defendant doctor was in charge of resident’s care at nursing home. Resident’s nutritional status was compromised, dropping approximately 30 pounds and pressure ulcers progressed from Stage II to Stage IV; when resident was taken to the hospital shortly before death, she was malnourished. Doctor filed an expert affidavit stating that he met the standard of […]
Beverly petitioned for a writ of certiorari and a writ of prohibition after being ordered to post a $25,000,000 supersedas bond before appealing an order for class certification. Plaintiff had argued that Beverly was unstable and that the class should be protected during appeal. The court found that requiring a bond prior to judgment is […]
Supreme Court reversed after trial court entered an order striking and dismissing Plaintiff’s complaint with prejudice for failing to properly revive the claim after the resident’s death. Plaintiff had filed a suggestion of death, motion for appointment of special administrator and request for order substituting parties, which was granted, but did not seek a formal […]
