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Posted On: January 31, 2007

Norovirus hitting nursing home residents around the nation

Norovirus appears to be spreading nationwide in nursing homes. Norovirus is the bug that causes a nasty stomach ailment. The Center for Disease Control and Prevention has asked state health officials to document outbreaks for a report to be issued soon. Typically, Norovirus hits nursing homes, day care centers, hospitals, and other group settings in the winter. It plagues cruise ships year-round. The virus is extremely contagious and is transmitted through close contact with infected people or digesting contaminated food. Its symptoms include nausea, vomiting, diarrhea, stomach cramps, and low-grade fever. Unfortunately, there is no treatment. Experts recommend handwashing and good sanitation to prevent the virus from spreading.

For the full article.

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Posted In: National Nursing Homes, Useful publications, Useful publications, Useful publications, Useful publications

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Posted On: January 30, 2007

An introduction to the False Claims Act

Because there is no federal law prohibiting nursing home abuse and neglect, government attorneys have utilized a financial fraud statute to address nursing home abuse and neglect. The False Claims Act prohibits the knowing submission, or causing the submission, of false claims to the government. Each false claim submitted is subject to treble damages and a penalty of between $5500 and $11,000.

Continue reading " An introduction to the False Claims Act " »

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Posted In: National Nursing Homes, Abuse, Legislation

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Posted On: January 29, 2007

CA law aimed at preventing elder exploitation already obtaining results

As we know, elderly citizens are often financially exploited. A recent Illinois nursing home abuse case reminded us that even when supposedly safe in a nursing home, elder citizens fall victim to financial exploitation. California enacted a new law requiring banks to report suspicious financial activity involving elderly clients and it has already reaped results!

An 83 year-old man who almost lost $700,000 to an unethical niece now has most of his money back. A bank employee saw suspicious activity on the account and contacted the police. They subsequently put a freeze on the account.

For the full article.

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Posted In: National Nursing Homes, Legislation, Nursing Home Abuse

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Posted On: January 28, 2007

Middle class America runs up credit card debt to afford expensive medical bills

A recent report addressed the findings from a study based on data from a national survey of low- and middle-income households. The report showed that families using credit cards to pay for their health care are sinking in debt and hurting their ability to obtain needed care. The report stated that low- and middle-income households with medical debt carried an average $11,623 of credit card debt, compared with $7,964 for those without medical debts on their credit cards. This makes these people more likely to have personal bankruptcy issues.

For the full article.

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Posted On: January 26, 2007

Your doctor can play a crucial role in getting Medicare Part D to cover a drug that has been denied

Every Medicare Part D plan offers an “Exceptions” process where enrollees can challenge the plans’ decisions. Exceptions are a way to get Medicare Part D plans to reconsider such things as covering a drug that isn’t on their list of covered drugs. Exceptions can also be used to get a plan to put a drug in a different co-payment tier, provide a different dosage, or provide a drug without pre-authorization. While exceptions may be requested by the enrollee, their appointed representative, or their physician, a supportive statement from the physician is required.

When a prescription is not covered by your Medicare Part D plan, the first thing you should do is call your physician and tell your doctor why your prescription was not covered. You or your physician may then call the plan and request an exception. Once an exception is requested, the physician must provide information to the plan detailing why this particular drug is needed by the enrollee. Decisions must be made within 72 hours of the request, but the physician can also request a more quick decision if it is medically necessary.

For more information.

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Posted In: Residents and Family Members, Useful publications

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Posted On: January 25, 2007

Pharmaceutical supplier settles whistleblower suit for $49.5 million

One of the nation’s largest suppliers of pharmaceutical services to the elderly will pay $49.5 million to settle Medicaid fraud claims. Chicago lawsuits charging the company with fraudulent acts were filed by the federal government and two whistleblowers. The lawsuits alleged that the company gave Medicaid patients more expensive drugs than it needed to, which allowed them to increase the amounts it charged Medicaid by millions of dollars. This Chicago lawsuit was based on a wide-ranging investigation involving state officials in many states throughout the U.S. As indicated in this case, the role of corporate insiders, who blow the whistle on companies that cheat the government, is essential to justice.

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Posted In: Medicaid and Medicare Fraud, Verdicts and Settlements

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Posted On: January 23, 2007

Revised ethics requirements bars drug firms from giving gifts to docs

Pharmaceutical companies that belong to the International Federation of Pharmaceutical Manufacturers & Assns. must adhere to a newly revised code of ethics. Among the requirements, pharmaceutical companies are forbidden from giving docs money or other gifts that might influence drug choices, such as paying for trips to golf resorts or luxury hotels. The ethics code had not been update in a decade and now applies to 26 member companies, including Pfizer.

For the full article.

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Posted In: Conflicts of Interest

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Posted On: January 22, 2007

Study finds heart valves at risk in use of 2 Parkinson’s drugs

Two popular Parkinson’s disease treating drugs, Permax and Dostinex, can seriously damage heart valves. Permax is approved in the U.S. and overseas, but Dostinex is only approved in the U.S. for hyperprolactinemia, a hormonal disease. Permax carries a black-box warning label and a milder warning was added to Dostinex just last month. One doctor is quoted as stating doctors should not prescribe these drugs with the risk of heart valve disease being extraordinarily high.

For the full article.

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Posted On: January 21, 2007

Florida hotel sued over carbon monoxide

An Iowa family that fell ill at a Florida hotel only a week before a man who stayd in the same room died of carbon monoxide poisoning has filed a personal injury lawsuit against the hotel. The family was treated at a local hospital less than a week before the subsequent resident died from inhaling carbon monoxide fumes that came from a boiler adjacent to his room.

For the full article.

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Posted On: January 20, 2007

Fire safety: more product recalls

Family Dollar Stores has voluntarily recalled about 35,000 Oscillating Ceramic Heaters. The heaters can overheat and smoke, posing a fire hazard to consumers. For more information.

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Posted On: January 19, 2007

Son says nursing home’s actions hastened his mother's death

The woman’s son still recalls in disbelief the nursing home neglect that he witnessed in December during a snowstorm in Colorado. The son was working and a nursing home employee wheeled in his disoriented mother, handed him a bill for services unpaid, and left. The son states that he talked to the nursing home facility an hour prior to confirm an appointment to discuss payment options, but employees never mentioned that they would be dropping off his mother and her belongings. The woman died 9 days later.

As we know, nursing home care is extremely costly. This treatment from nursing home facilities in response to unpaid bills is frightening.

For the full article.

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Posted In: National Nursing Homes, Abuse

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Posted On: January 18, 2007

75 year-old woman dies after nursing home fire

An elderly Montana woman who suffered second- and third-degree burns after a fire in a nursing home died earlier this week. Fire investigators are still trying to determine the fires cause, but suspected it involved cigarette smoking where oxygen was being used for health reasons.

For the full article.

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Posted In: National Nursing Homes

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Posted On: January 18, 2007

81-year old woman suffers multiple bedsores after Chicago nursing home neglect

An 81-year old woman, represented by Susan Novasad and John Perconti of Levin & Perconti, recently filed a lawsuit against a Chicago Heights nursing home, alleging Illinois nursing home abuse and neglect. The woman resided at the nursing home for only two months and suffered falls and numerous bedsores.

For the full article.

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Posted In: Residents and Family Members, Bad nursing homes, Chicago Nursing Homes, Incidents, Nursing Home Abuse

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Posted On: January 14, 2007

Police are investigating Illinois nursing home in resident’s death

An investigation has begun into whether a 71 year-old resident of a nursing home died as a result of Illinois nursing home abuse and neglect. The 71 year-old man resided in a Chicago suburban nursing home. The detective stated that they have reason to believe that Chicago nursing home neglect played a role in the man’s death.

For the full article.

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Posted In: Illinois Nursing Homes, Bad nursing homes, Chicago Nursing Homes, Incidents, Nursing Home Abuse

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Posted On: January 13, 2007

Daughter of nursing home abuse and neglect victim testifies

The daughter of a Pennsylvania nursing home abuse and neglect victim recently testified that her mother’s care worsened throughout her stay at the nursing home. She states that she would at times find her mother neglected and soaked in her own urine. The administrator of the nursing home is charged with nursing home neglect and involuntary manslaughter. The nursing home abuse and neglect victim who suffered from Alzheimer’s wandered from the home and died.

The daughter further indicated that nursing home staffing levels were never consistent. She states that there was sometimes a nurse that was shared with other units, but sometimes there was not a nurse at all. After employees carried the victim’s body back to her room, the administrator allegedly told employees to cover up the death and tell the family that she died in her sleep.

For the full article.

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Posted In: National Nursing Homes, Abuse

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Posted On: January 12, 2007

Nursing home president charged with owing more than $10 million in payroll taxes

A California nursing home president has been charged with failing to pay more than $10 million in payroll taxes. He faces 109 counts of failing to pay taxes from the wages of his employees from 1998 to 2005.

For the full article.

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Posted In: Nursing Home Staff

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Posted On: January 11, 2007

Reminder: NAELA Chapter Meeting Tomorrow

A reminder from a previous post: The National Academy of Elder Law Attorneys, Inc. is hosting their annual Illinois Chapter meeting tomorrow, Friday, January 12, 2007 at 12:30 p.m. CST. The meeting will occur at LaSalle National Bank, 135 S. LaSalle Street, 18th Floor, Conference Room C.

To participate via telephone, you can call (888) 447-7153 and enter 3983990#. NAELA is a non-profit association that assists lawyers and other organizations specializing in elder law, including nursing home abuse and neglect.

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Posted In: Elder Law Attorneys, Events and Conferences, Elder Law Attorneys News

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Posted On: January 11, 2007

2004 National Nursing Home Survey facility data available

The National Center for Health Statistics recently released the facility data tables from the 2004 National Nursing Home Survey online. The tables include the following information about nursing homes: characteristics, staffing, management, programs, services, and employee vaccinations. With the constant fears of nursing home abuse and neglect, the tables are especially useful for families researching a home for a loved one.

To view the tables.

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Posted In: Residents and Family Members, Ombudsmen and Resident Advocates, Elder Law Attorneys, Nursing Home Staff, How to choose a home, How to tell if your nursing home is bad, Selecting a home, Useful publications, Useful publications, Useful publications

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Posted On: January 10, 2007

Fire safety: more product recalls

1. Cordless Reciprocating Saws: DEWALT Industrial Tool Co. has voluntarily recalled about 44,000 DEWALT DC305 Model Reciprocating Saws. The switch on the saws can cause a short circuit, posing a fire hazard. For more information.

2. Christmas Light Sets: Hobby Lobby Stores, Inc. has voluntarily recalled about 2.3 million sets of Hobby Lobby Christmas Light Sets. The lights have undersized wires which can separate from the plugs and/or the light sockets, posing an electric shock and fire hazard. For more information.

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Posted On: January 9, 2007

NAELA Chapter Annual Meeting Friday

The National Academy of Elder Law Attorneys, Inc. will be holding their annual Illinois Chapter meeting this Friday, January 12, 2007 at 12:30 p.m. CST.The meeting will occur at LaSalle National Bank, 135 S. LaSalle Street, 18th Floor, Conference Room C. To participate via telephone, you can call (888) 447-7153 and enter 3983990#. The NAELA is a non-profit association that assists lawyers and other organizations specializing in elder law, including nursing home abuse and neglect.

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Posted In: Elder Law Attorneys, Events and Conferences, Elder Law Attorneys News, Useful publications

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Posted On: January 9, 2007

FDA approves new antipsychotic drug

The FDA recently approved a schizophrenia drug from Johnson & Johnson. The new pill, called Invega, could be on the market as early as 2008.

For the full article.

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Posted In: Ombudsmen and Resident Advocates, Elder Law Attorneys, Useful publications, Useful publications, Useful publications

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Posted On: January 8, 2007

Pharmaceutical company sued for ignoring health risks in marketing drug

The makers of Plavix, a popular blood-thinning drug, are the target of multiple lawsuits by users and third-parties. The plaintiffs allege that the pharmaceutical company marketed the drug in disregard of its potential health risks. The plaintiffs state that the manufacturers “over-promoted” the drug and were twice ordered by the FDA to withdraw ads that made overly broad claims. Plavix was the second most widely prescribed drug in the world in 2005, with sales in the U.S. of about $5.9 billion.

For the full article.

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Posted On: January 7, 2007

Kentucky creates new Department for Aging and Independent Living

To accommodate the state’s population of aging baby boomers, the Kentucky Governor has created a new agency called the Department for Aging and Independent Living. The Department is designed to better ensure that the seniors in Kentucky will receive resources and services needed for them to live independently. The goal is for seniors to enjoy as much independence as possible as long as possible. As discussed in prior posts, studies have shown that seniors who are able to stay out of a nursing home longer are happier.

For the full article.

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Posted In: Residents and Family Members, Legislation, Useful publications

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Posted On: January 6, 2007

Lawsuit filed to protect elderly refugees who are denied benefits

Elderly and disabled refugees are being cut off from Social Security benefits they had qualified for because their citizenship applications are hindered by post-September 11 delays. Nearly 6000 have already lost them and almost 46,000 will lose the benefits by 2012. The legal advocates who filed the class action lawsuit state that the delays are beyond the refugees’ control and call the cutoffs unconstitutional.

For the full article.

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Posted In: Elder Law Attorneys, Useful publications

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Posted On: January 5, 2007

Levin & Perconti makes a donation to the Academy of Elder Law

Levin & Perconti has recently donated to the Academy of Elder Law. The Academy, a not-for-profit association that assists those that work with elder clients and their families, including attorneys, bar organizations and others. Academy is a resource for education, information, networking and assistance to those who deal with the many specialized issues involved with legal services to the elderly and those with special needs, including cases of nursing home abuse and neglect.

Click here to visit the NAELA website

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Posted In: Elder Law Attorneys, Community Involvement, Elder Law Attorneys News

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Posted On: January 5, 2007

Some elderly Americans will get an extension on Part D enrollment

Last week, the government announced that seniors who failed to receive timely information about their current prescription drug plans from certain health suppliers will get an extra 45 days to enroll for Medicare Part D.

For the full article.

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Posted In: Residents and Family Members, Useful publications

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Posted On: January 4, 2007

Insurance industry profits at record highs in all sectors

Recently released data showed that insurance company profits for 2006 are approaching record highs. This trend applies to all lines of coverage, including auto insurance. For example, in New York state, a report stated that state automobile insurers are experiencing unprecedented profitability with motorists paying historically high premiums despite lower payouts by insurers in automobile accidents. Unfortunately, while insurers celebrate, consumers continue to suffer with oppressive premiums.

For the full article.

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Posted On: January 3, 2007

Not many senior citizens are switching Medicare Part D plans for the new year

The deadline for open Medicare Part D enrollment is approaching. A recent Kaiser Family Foundation poll showed that few seniors will take advantage of the opportunity to switch plans for 2007. A large majority viewed the enrollment as too complicated.

For the full article.

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Posted In: Residents and Family Members, Knowing your rights, Useful publications

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Posted On: January 3, 2007

Democratic control of Congress scares pharmaceutical companies

Pharmaceutical companies have enjoyed prosperous years under Republican-controlled Congress. However, the most recent midterm election evoked a sweeping change in the political climate. Democrats hold a number of agenda items that scare the pharmaceutical industry. They want to investigate drug pricing and profits, drug advertising aimed at consumers, and the marketing of drugs to doctors for purposes not intended by the FDA.

Hoping to prevent Congress from negotiating lower drug prices for older Americans on Medicare, the pharmaceutical companies have been taking defensive actions. They have actively recruited more Democratic lobbyists, lined up allies in the Bush administration and Congress, and renewed ties with organizations of patients who require brand-name drugs.

For the full article.

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Posted In: Legislation

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Posted On: January 2, 2007

Liability tips: the role of the medical director in nursing home abuse cases

Because Federal and State regulations have grown exponentially, deciphering the bureaucracy of nursing home care in nursing home abuse lawsuits may be difficult. Liability may arise when the residents have any or all of the following occur: falls, fractures, negligence, decubitis ulcers, injuries or death due to smoking, dehydration, elopement from the facility. It’s also important to verify that there was timely notification of the attending physician by the facility of any change in the resident’s medical condition.

For the full article.

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Posted In: Illinois Nursing Homes, Elder Law Attorneys, Chicago Nursing Homes, Elder Law Attorneys News, Nursing Home Abuse, Useful publications

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Posted On: January 1, 2007

Nursing home employee charged with identity theft of residents

Texas states attorneys have charged an occupational therapist employed at nursing homes with identity theft. She is suspected of stealing about $4,000 through credit cards and bank accounts from three seniors residing at the facility and from a co-worker. This type of nursing home abuse and deception may stem from staffing shortages, as nursing homes are forced to employ less ethical employees.

For the full article.

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Posted In: National Nursing Homes, Abuse, Staffing Issues

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Posted On: January 1, 2007

Happy New Year

Best wishes for a healthy and happy 2007 from Levin & Perconti.

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« December 2006 | | February 2007 »

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The purpose of this blog is to deliver news and information that is relevant to our areas of practice. The news and information reported on this blog represent the legal actions of attorneys throughout the United States. Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

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