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 […]
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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 […]
Plaintiff sued the nursing home for injuries suffered by and wrongful death of her father. The complaint alleged violations of federal regulations and State statutes and regulations concerning nursing home care, including those relating to Medicare and Medicaid, and the Georgia Bill of Rights for Residents of Long-Term Care Facilities. The complaint alleged negligence, negligence […]
Nursing home moved to dismiss or, in the alternative, to transfer the case from Madison County to Jersey County based on forum non conveniens. The nursing home was located in Jersey County, but the owner also owned a facility in Madison County. Defendants claimed numerous witnesses would be inconvenienced unless the case was transferred and […]
Diversity case where RLI sued PIIL and USF to recover part of what RLI paid to settle a nursing home case. The nursing home and all three insurance companies settled the underlying claim in 2003 for $3.9 million. The issue on summary judgment was allocation of the settlement amount among the insurers. Applying Texas law, […]
Forfeiture action by the government where it was alleged that cocaine was sold at a nursing home. One witness “observed the Isleys supply people living in the home with cocaine and alcohol in exchange for the endorsement of their monthly government check to the Isleys.” The government filed a motion for summary judgment under the […]
The district court granted insurer’s motion to defense where insurer claimed it had no duty to defend case where the only potential claims are by putative class members until the class is certified. The district court was reversed on appeal. Applying Florida law, the Court held that the duty to defend is determined from the […]
A physician brought a qui tam action against two other physicians and several health care providers after a nurse showed him a progress note in a nursing home chart allegedly documenting a physician’s (Lachman’s) review of the chart. The problem was that the resident had died several weeks earlier. After seeing that record, the relator […]
Suit was filed after a CNA failed to check the water temperature before bathing resident; resident was burned and died 3 days later. Suit was settled for $1.5 million. One of Defendant’s insurers paid $200,000; Defendant paid the balance of $1.3 million because its other insurer was in liquidation. Defendant then sought indemnification from the […]
