Stalley brought a qui tam action against a group of skilled nursing facilities for failing to reimburse Medicare under the Medicare Secondary Payer Act (MSP). The action was removed and then the Defendants filed a motion to dismiss for lack of Article III standing. Because he was neither eligible for Medicare nor injured, the Court […]
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Insurer denied coverage under a claims made policy. On motion for summary judgment, the Court ruled for the insurer, finding that the two policies in issue were clearly written. The first policy did not apply because, although the incident occurred during the policy period, it was not reported during the policy period. The second policy […]
Plaintiff, an Alzheimer’s patient, exited the nursing home on March 22, 2004 through an unlocked door. He was chased by staff as he went into a courtyard. In the courtyard, he tripped over a light post and suffered injury. He was found unresponsive and bleeding from the head. At the hospital he was diagnosed with […]
Plaintiff filed suit against a nursing home in State court alleging that Defendant failed to take necessary precautions to protect nursing home residents from Hurricane Katrina. The action was filed as a class action and Defendant removed it to federal court under the Class Action Fairness Act. The Act conveys federal jurisdiction where there is […]
Insurer issued two insurance policies to Defendant’s nursing home. When suit was filed in Arkansas, the insurer employed counsel to defend the action and paid all costs associated with the defense. Insurer asked Defendant to contribute to a settlement and when Defendant refused, the insurer funded the settlement. Insurer then brought an action for reimbursement. […]
Defendants filed motions to strike two counts in Plaintiff’s complaint, alleging recklessness in the care and treatment of the decedent, as well as, a violation of Conn. General Statutes § 19a-550(b)(10). The motions were denied. As part of Plaintiff’s negligence claim, Plaintiff alleged that “defendants failed to properly care for, assess and/or treat the decedent’s […]
Resident suffering from dementia was admitted to nursing facility. Husband signed admissions documents including two arbitration agreements. California law prohibits including the arbitration agreement in the admissions agreement so it was a separate document. Husband signed the arbitration agreement on a line labled “Legal Rep/Responsible Party/Agent.” Husband did not hold a power of attorney and […]
Children of deceased nursing home resident sued nursing home. The trial court denied the nursing home’s motion to compel arbitration and the nursing home appealed. The resident had executed a California Probate Code § 4701 health care power of attorney that impliedly included the power to execute contracts for nursing home admission. The power of […]
Plaintiff filed suit for medical malpractice, negligence, violations of the Residents’ Rights Act and wrongful death. The complaint was personally served on Defendant’s agent on February 9, 2005. Defendant had 30 days to file an Answer. Without filing a request for extention, Defendant filed first answer 30 days too late. Plaintiff moved to strike the […]
Margaret Dickson was a resident at Hildebrand Hidden Acres, a nursing home, when Vincent Pharmacy and its pharmacist on duty, James Ehl, “mis-filled” a medication prescribed for her. As a result, Dickson became hyperglycemic and had to be hospitalized. One of her daughters, Barbara Lacey, filed a complaint on Dickson’s behalf, alleging negligence and wantonness. […]
