Plaintiff brought suit against Nexion Health Management and Nexion Health at Mount Pleasant contending that her mother was placed in a defective Braun wheelchair lift and that she was thrown from the lift. Plaintiff was required to file an expert report within 120 days of filing the suit. She sought additional time “due to Nexion’s […]
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Plaintiff filed wrongful death action against a nursing home alleging personal service on February 18, 2005. Default was entered on March 24, 2005. The case was removed to federal court on April 4, 2005. On April 13, 2005, default judgment was entered in State court. Plaintiff then filed a motion for default in federal court, […]
Nursing home appealed after it failed a survey and CMS threatened to terminate its provider agreement. After immediate jeopardy items were corrected, the sanction was downgraded to denial of payment for new admissions and withdrawal of approval for nurse aide training program. The denial of payment resulted in a loss of $43,600. The nursing home […]
Annie Pickens resided at Defendants’ nursing home from October 8, 2002 until April 19, 2003, dying the next day. A wrongful death action was filed in State court on August 30, 2004; defendants removed it to federal court on January 10, 2005. Defendants moved to dismiss and on February 7, 2005, Plaintiffs agreed to dismiss […]
Lloyds commenced the defense of a wrongful death case against the insured nursing home and various other entities. It did so under a reservation of rights. Later, when on of the employees pleaded guilty to manslaughter, Lloyds filed a declaratory judgment action alleging it had no duty to defend or indemnify because criminal acts committed […]
After Plaintiff’s case was removed to federal court, a motion to remand was filed and granted. Plaintiff argued that allegations that Defendant violated 42 U.S.C. § 1396r does not provide a basis for federal jurisdiction because there is no private cause of action relating to nursing home quality of care standards. The court applied the […]
Plaintiff filed an action in State court alleging negligence, gross negligence, intentional infliction of emotional distress and fraud. Essex filed its action for declaratory judgment and then filed a motion for summary judgment alleging there was no coverage “because: (1) many of the claims occurred before the first policy took effect and after the third […]
In December, 2002, Centennial filed a Chapter 11 bankruptcy petition in the Northern District of Georgia. Nursing home negligence cases pending around the country were stayed as a result. A plan of reorganization set forth a procedure for addressing the claims against Centennial. On July 14, 2005, Evanston Insurance was given leave to file a […]
Ohio Casualty filed a motion to compel other insurers to produce insurance claims file documents that were allegedly covered by work product doctrine. The action involved a coverage dispute between four insurers following a $78 million verdict in Sauer v. Advocate, Inc. (Circuit Court, Polk County, Arkansas, June 2001). “Advocat was apparently insured from October […]
Carlson was employed by Extendicare and filed suit under the Minnesota Whistleblower statute following an alleged constructive discharge. The court found that, although she would be eligible to bring a whistleblower claim, there was no constructive and dismissed her case. Nonetheless, the case is interesting because it describes Extendicare’s management practices and its “do not […]
