July 23, 2010

Chicago Nursing Homes Using Scare Tactics to Keep Residents From Leaving

The Chicago Tribune reported recently on a new lawsuit filed by nursing home reform advocates against profit-driven nursing home operators.

Currently, over 4,500 Illinois residents with mental disabilities live in twenty four specifically designated Institutions for Mental Disease (IMDs) throughout the state. However, in a recent court settlement, the state pledged to allow some of those residents the option of transferring to community-based housing programs if they chose to leave the IMD. Only residents who passed specific screenings to assess their mental health level would be given the option of seeking out other living situations.

The recent nursing home lawsuit filed by the resident advocates claim that the IMDs are sending information to residents about the settlement that is confusing, misleading, and intended to provoke fear. The IMDs are attempting to scare all residents into preserving the status quo, claim the advocates. In that way, the operators of the IMDs are able to ensure that their profit-making nursing homes do not lose any money as residents leave their facility.

For example, Abbot House, an IMD located in Highland Park, sent “information sheets” to its residents claiming that troubling state finances make it unlikely that the state would be able to provide the proper services if residents chose to move to the community-based housing programs.

The entire situation was created by a previous consent decree which sought to uphold the basic principle that mentally ill Illinois residents should be forced to live only in the least restrictive housing situation necessary to protect their health and safety. Under the older system, all residents, regardless of their mental condition were forced to abide by the restrictions within the IMDs. The community-based housing options sought to allow the higher functioning residents a more open living choice with assistance provided as needed in subsidized apartment and group-home settings.

The fear-mongering by the Institutions for Mental Disease is another desperate ploy that highlights a pervasive problem at many nursing homes across the state: the prioritizing of money over resident care. Our Chicago nursing home attorneys at Levin & Perconti have experienced many forms of this problem. Whether it is failing to adequately staff a facility in order to spend less on salaries or deciding not to pay the costs necessary to improve substandard facilities, all too often nursing home administrators provide negligent care in order to save money.

No nursing home resident should be given less than they are entitled so that more money may end up in the hands of for-profit businessmen. Be sure to keep a vigilant eye on all activities in the nursing homes nearby and contact experts if your suspect someone has suffered from abusive and negligent nursing home care.

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June 28, 2010

Proposed Legislation Would Help Suffering Seniors

The federal government is considering passage of a piece of legislation aimed at helping fix a problem that adds to the suffering of many senior citizens. HR4796, the Medicare Secondary Payer Enhancement Act, would correct a problem with the Medicare Secondary Payer system that currently causes many seniors to die while waiting to receive funds to which they are entitled.

As it now stands, many insurers and other funding sources who owe money to seniors must first confirm that the Center for Medicare Services (CMS) is reimbursed before sending the owed funds to the seniors. However, the CMS system’s inefficiency means that it is often months and even years before CMS responds to these requests for reimbursements, keeping the senior waiting without compensation. This current system also makes many cases not fit for settlement, because the insurer or other payer of a claim are unable to fairly assess the cost and reasonable settlement amount in a timely manner.

The new bill would essentially require CMS to respond to these requests within two months. This would guarantee that the insurers and others receive timely information about CMS reimbursement enabling them to efficiently compensate seniors the money that they are due.

The measure would be funded by a $30 application fee, meaning there is no cost to the taxpayer for the improved efficiency. The bill is currently in the early stages of the legislative process. Earlier this year it was referred to the House Energy and Commerce committee where it awaits further action.

The Chicago nursing home attorneys at Levin & Perconti support this bill as a logical, efficient and necessary improvement to help victimized and suffering seniors. As facilitators of many settlements for victims of elder abuse, our lawyers have witnessed first-hand the important role that settlement and prompt payment serves to the most desperate seniors. The time to correct this inefficiency is the system is long overdue. We encourage everyone to contact their member of Congress and advocate for the bill’s passage.

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June 6, 2010

Chicago Nursing Home Lawyer Settles Abuse Lawsuit

Chicago nursing home lawyer Susan Novosad of Levin & Perconti helped the family of a victim of nursing home abuse in their settlement against the Mercy Health Care Rehabilitation Center, securing a $690,000 settlement for the 87-year-old victim's family recently.

The victim was initially admitted to the nursing home after suffering a stroke that caused her some left-sided weakness. When she entered the nursing home she required supervision and needed assistance with activities. She was known to be a fall risk. However, despite the nursing home’s knowledge of her fall risk, they allowed her to fall. She suffered a right femur fracture which was treated with a brace. While still in the nursing home’s care, she suffered a skin breakdown from the brace rubbing against her leg. This breakdown still went untreated by the nursing home staff and the victim developed Osteomyelitis. The combination of the fracture and the infection contributed to the victim’s death seven months later, according to the settlement report.

The nursing home negligence complaint alleged that the defendant nursing home failed to appropriately develop, implement or revise a care plan to address the decedent’s fall risk and failed to ensure that the decedent received proper supervision to prevent falls. It also stated that after her fall, the nursing home failed to provide preventative measures to avoid the development of skin breakdown, and failed to provide the necessary treatment and services to promote the healing of the decedent’s skin breakdown. If you believe that a nursing home is not addressing your loved one’s risk for falls, we recommend that you consult with staff to address the preventions they are using to prevent falls. If your loved one endures a serious injury in a nursing home fall, consult a nursing home lawyer.

May 13, 2010

Jury Finds Nursing Home Negligence and Grants $28 Million in Punitive Damages

A jury has determined that a nursing home needs to pay $28 million in punitive damages after being found responsible for a woman’s death. The jury found that both the nursing home company and their parent company were guilty of elder abuse in the death of a 79-year-old resident. The jury was presented with testimony concerning the corporation’s finances before awarding the punitive damages. They also awarded $1.1 million in pain and suffering damages and loss of companionship. The state has threatened to revoke the license, but instead has reached an agreement to stay open.

It is obvious that this nursing home conglomerate put profits over patient care. The jurors decided that the home’s conduct was “malicious and oppressive” which allowed them to grant punitive damages. The victim was suffering from mild dementia when she moved into the home. Seven months after she moved in she suffered a fall that resulted in a broken hip. This coupled with an infected bedsore caused her death. Jurors heard testimony concerning the understaffing of the home and the poor medical documentation that helped cause her death. While understaffing allows nursing home owners to maximize profits, it has been proven to lead to nursing home neglect. The founder of the advocacy group Foundation Aiding the Elderly stated that this was a monumental verdict.

If you believe that a loved one resides in a nursing home that is understaffed and has suffered serious injury or death as a result, please consult a Chicago injury lawyer. To read more about this case of nursing home abuse, please click the link.

March 18, 2010

Punitive Damages Awarded In Nursing Home Pressure Sore Lawsuit

A Philadelphia jury issued a $5 million punitive damage claim against Jeanes Hospital and a Wyncote nursing home in the death of a man who suffered from fatal bedsores. According to an article in the Philadelphia Inquirer, this is only the second time a jury awarded punitive damages in a nursing home case in Philadelphia. Compensatory damages in nursing home cases are expected; punitive damages are awarded only when a jury finds that a facility had engaged in "outrageous and reckless conduct.” In this case, the plaintiff went to the nursing home after suffering weakness and confusion. The doctors failed to identify that he was suffering from a urinary tract infection. As a result, the infection worsened and left him susceptible to bedsores that ultimately killed him. Furthermore, workers at the nursing home and hospital allowed the pressure sores to fester and the patient to go malnourished to the point that he lost 28 pounds. This verdict will help the Chicago nursing home attorneys at Levin & Perconti spread the message that this type of negligent nursing home care is deplorable and will not be tolerated.

March 17, 2010

Class-Action Lawsuit Orders Illinois to Help Residents Transfer Out of Institutions and Nursing Homes

A settlement in a class-action lawsuit has demanded that the state of Illinois must help thousands of residents move out of large mental institutions. The state must also provide those residents with support services. The Chicago Sun Times has reported that the state will have five years to help those residents make a transition to small homes and apartments. The residents will be overseen by a court-appointed monitor.

The negligence lawsuit was filed by the ACLU and claimed that Illinois has violated the rights of 4,500 mentally ill people by forcing them to live with large groups of others who have mental illnesses in under-funded facilities. By doing this, the ACLU argued that Illinois had violated the Americans with Disabilities Act. One 51-year-old victim resided in the Chicago nursing home of Columbus Manor for nearly 10 years. He wants to move out and get a job and believes that he can manage his own medications with some help. He feels that the state has been too slow to help him with this transition. Illinois has 25 nursing homes that will be subject to this settlement.

Another nursing home lawsuit has been filed that involves those mentally ill residents who live in nursing homes with the elderly. More than 13,000 mentally ill people live in nursing homes throughout Illinois that also house senior residents. It is imperative that Illinois address these problems for the sake of both the mentally ill and the elderly. The Chicago nursing home lawyers at Levin & Perconti believe this is a positive step towards nursing home reformation. To learn more about the Illinois settlement, please click the link.

March 5, 2010

U.S. Supreme Courts Rules Nursing Home Resident has a Private Right of Action Under FNHRA

The U.S. Supreme Court has denied certioria in a case where the Third Circuit Court of Appeals said that a nursing home resident and Medicaid recipient may sue their facility under 42 U.S.C. § 1983 for violations of the Federal Nursing Home Reform Amendments (FNHRA). The plaintiff in the case was a nursing home resident and Medicaid recipient. After the victim wrongfully died her daughter filed a nursing home lawsuit against the facility under a §1983 action. The nursing home lawsuit claimed the facility violated the FNHRA by not providing proper care. The nursing home tried to commit the complaint by claiming that the FNHRA does not provide an enforceable right of action through §1983. They argued that FNHRA only sets forth requirements that a nursing facility must comply with in order to receive federal Medicaid funds. The district court did agree with the nursing home, and the victim appealed the ruling.

Luckily, the Third Circuit reversed the district court’s ruling and held that the FNHRA does give Medicaid recipients rights and remedies under §1983. Elder Law Answers reported that the appellate court reasoned that both as a nursing home resident and Medicaid recipient, the victim was an intended beneficiary of the FNHRA. The court believed that the language of the FNHRA laid out specific enforceable rights for victims of nursing home abuse. Recently, the U.S. Supreme Court denied the writ of certioria and rested on the Third Circuit’s ruling. They believe this will cause all nursing homes to rethink patient’s rights. The Chicago nursing home lawyers agree the rulings of both the Third Circuit and the U.S. Supreme Court and thank them for their support of nursing home rights.

December 17, 2009

$7.75 Million Awarded in Elderly Abuse Case

A jury awarded $7.75 million to the family of a 71-year-old stroke victim who filed an elder abuse lawsuit against his nursing home. The trial featured a secret videotape of the woman being abused. The nursing home abuse lasted 22 days. The jury deliberated for two days before announcing the $7.75 million dollar nursing home abuse verdict, $5 million of which were in actual damages. The 71 year old was a resident at the center and family members noticed during a visit that she was bruised. They complained to the facility, but the nursing home failed to investigate. The family then set up a video camera on a side table in her room to do their own investigation. The video tape caught an employee slapping the victim, puller her around by the hair, bending her neck, fingers and wrists and treating her violently in a shower chair. The employee pled no contest to simple battery. This is a heinous example of nursing home abuse. To learn more about the nursing home verdict, please click the link.

December 1, 2009

Illinois Jury Declares Nursing Home Neglect

A jury found that Rosewood Care Center of Joliet, Illinois was responsible for the death of an elderly resident. The victim died after suffering a huge bedsore that ate through her skin to the bone. The jury awarded $51,000 to the victim of the nursing home neglect. The victim died at age 88 after undergoing a procedure to remove bedsores and treat bone infections brought on by her confinement to her bed and her exposure to urine and other bodily fluids during her care. The victim has a hole in her backside the size of a fist. The bedsore was the contributing factor in the victim’s death. If you would like to read more about the nursing home verdict, please click the link.

November 8, 2009

Nursing Home Pharmacy to Pay $112 Million to Settle False Claims Act Cases

The nation’s largest nursing home pharmacy, Omnicare, will pay $98 million and drug manufacturer, IVAX will pay $14 million to resolve allegations that Omnicare engaged in kickback schemes with several parties. A portion of the settlement has been allocated to cover Medicaid program claims by participating states. Omnicare is the nation’s largest pharmacy that specializes in providing drugs to nursing home patients. This settlement resolves allegations that the company solicited or paid a variety of kickbacks. The company allegedly solicited and received kickbacks from a pharmaceutical manufacturer in exchange for agreeing to recommend that physicians prescribe a specific drug to nursing home patients. The kickbacks included data purchase fees, educational grants and fees to attend meetings. Additionally, Omnicare regularly paid kickbacks to nursing homes by providing consultant pharmacist services at rates below the company’s cost and below the fair market value of such services in order to induce the homes to refer their patients to Omnicare for pharmacy services. The Assistant Attorney General stated that the company broke the law to take advantage of our nation’s most vulnerable citizens, the elderly and the poor. To read more about the nursing home kickbacks, please click the link.

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October 26, 2009

One State Rules for Plaintiff in Nursing Home Arbitration Case

The son of a nursing home resident who was injured because of nursing home negligence supposedly was unable to have a trial because he signed a nursing home arbitration clause. However, the state’s supreme court found that since the son did not have the authority to sign a voluntary arbitration agreement on her behalf, thus he was not bound by such an agreement. The court found that since the son only had the authority to sign documents required for admission, that the arbitration agreement was not a mandatory requirement for admission. This decision could have implications for other nursing homes that allow surrogates to sign admission materials. Binding nursing home arbitration clauses limit a victim’s right to a trial after nursing home negligence. To read more about the arbitration clause, please click the link.

October 13, 2009

Cook County Jury Awards $1 Million Verdict in Nursing Home Negligence Case

A $1 million jury verdict was entered in a nursing home negligence case against Lee Manor Nursing Home in Des Plaines, Illinois. The case involved the death of a nursing home resident who exited a window of the nursing home and died soon after from fall-related injuries. The wife and son of the decedent were represented by nursing home neglect attorneys Bryan Waldman and Patricia Gifford of Levin & Perconti.

The victim entered Lee Manor on July 23, 2003. Years before his admission to the nursing home, he was diagnosed as suffering from chronic paranoid schizophrenia and is severely blind. The victim required ongoing supervision and monitoring by nursing home staff. He was placed on a secured floor where the doors were alarmed and the elevators were keyed. However, the nursing home allowed the windows to open 8 and 1/8th inches, providing the victim an avenue to exit. On April 21, 2004, less than one year after he entered, the man fell from a window in his room on the fifth floor of the nursing home and died as a result of his injuries. The jury found nursing home negligence when the nursing home failed to prevent the victim from falling out of the window.

The Chicago nursing home abuse lawyers of Levin & Perconti are committed to protecting and vindicating the rights of nursing home negligence victims. Please contact the firm at (312) 332-2872 or click here to consult an Illinois lawyer.

October 8, 2009

80-year-old Woman Fights Nursing Home Arbitration Clause

An attorney for an elderly stroke victim urged a state’s Supreme Court to let her take her fraud claims against a nursing home to trial, rather than to arbitration as the health care facility is demanding. A circuit court judge ruled that the victim could not be forced to arbitrate her claims, but his decision was recently overturned by the court of appeals. The woman suffered a stroke in September 2005 and states that the nursing home delayed filing her Medicaid application so it could continue charging her a higher daily rate for several months. The delay eventually cost her more than $70,000. She also alleged that a nursing home employee put her in touch with people who tried to buy her home for far less than its value. Currently, Illinois is trying to pass legislation that bans binding arbitration in nursing home contracts. Binding arbitration clauses compel unwary purchasers into forfeiting their right to their day in court. To read more about the binding arbitration clause, please click the link.

September 24, 2009

Jury Finds for Plaintiff in Illinois Nursing Home

It only took an Illinois jury less than two hours to deliberate in a nursing home negligence lawsuit against Rosewood Care Center of Alton, Illinois. The plaintiff, Clifford Emons, was represented by an Alton attorney. This is the second verdict this year against Rosewood Care Center. The nursing home lawsuit was also brought on behalf of an estate. The jury in the nursing home negligence lawsuit found for the plaintiff and awarded damages totaling about $150,000 over his father’s fractured hip. Falls and fractured hips are common forms of nursing home negligence. To read more about the Illinois lawsuit, please click the link.

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September 14, 2009

Levin & Perconti Settles $700,000 Nursing Home Lawsuit after Wrongful Death

Prairie View Care Center in Charleston, IL recently agreed to pay a record $700,000 to the family of a 43-year-old man who died from injuries he suffered while a resident at the nursing home. The settlement is the largest reported settlement against a Coles County nursing home. Steven Levin and Michael Bonamarte of Levin & Perconti in Chicago represented the victim’s family in the nursing home negligence and wrongful death case. The settlement was reached following settlement conferences between the parties and the Cook County Circuit Court. The former owners of the nursing home are located in Skokie, Illinois.

The victim was admitted to the Prairie View Care Center on March 19, 2002. He suffered severe cognitive impairments and was dependent on nursing home staff for all of his major activities including turning and repositioning. From his admission through his discharge on May 12, 2002, he became severely malnourished, dehydrated and developed a massive infected Stage IV bed sore on his sacrum. The pressure wound was so deep that Donny’s sacral bone was visible. The injuries were the result of both nursing home negligence and the doctor’s failure to provide adequate medical and personal care to the victim. His injuries lead to his decline in his overall condition and his ultimate death in November of 2002. “Prairie View Care Center and Dr. Johnson both failed to prevent the progression of Donny’s sacral pressure sore, and he eventually died from complications related to his injury,” said attorney Steve Levin. “Poor care in nursing homes is a statewide problem. Anyone who has a loved one in a nursing home needs to be aware of their loved one’s rights and also needs to seek legal representation from an experienced trial lawyer when it is suspected that those rights have been violated.” If you have been the victim of nursing home negligence, consult a nursing home lawyer.

September 3, 2009

Plaintiffs Awarded $250,000 in Nursing Home Injury Case

The family of a woman who survived a two-story fall out of a nursing home window has been compensated for their nursing home negligence. The nursing home accident happened six years ago. The 57-year-old cognitively impaired woman tried to leave the nursing home to be with her family. While doors and elevators were kept locked at the facility, the attorney says the windows were kept open. One day a staff member left the victim alone and she climbed out of the window falling thirty feet. The jury found that the nursing home had committed nursing home negligence and awarded the family more than $250,000. Nursing homes must be extra cautious in order to avoid nursing home accident such as these. To read more about the nursing home negligence, please click the link.

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August 19, 2009

Illinois Case May Set Legal Guidelines for Elderly Abuse

The conviction of two Illinois sisters found guilty of neglecting their elderly mother may play a role in defining how similar cases are decided in the future. The Kane County State’s Attorney believes that the two convicted of elderly abuse will appeal their felony conviction, putting the case in the hands of the Supreme Court. He believes that the law is lagging behind in terms of abuse and neglect of people who are in the care of others. The Illinois Department of Aging estimates more than 80,000 incidents of elderly abuse or neglect occur each year. However, there is little case law on the subject. In the Geneva case, the judge did not believe that the sisters were unaware of the open bedsores covering the body of their mother. Elder abuse is defined as neglect, physical injury and mental, sexual or financial exploitation where the victim is at least 60. Warning signs include untreated injuries, such as scratches and cuts, sudden behavior changes, dehydration and poor personal hygiene. To read more about Illinois elder abuse, please click the link.

August 16, 2009

A Man Receives Sentence in Nursing Home Abuse Case

A former certified nurse assistant at a nursing home has been sentenced to time served after pleading guilty to elderly abuse. The man was arrested for physically abusing an 88-year-old resident at the nursing home where he lived. The employee admitted to investigators that he struck the bedridden woman in the face, grabbed her arm and pushed her into the wheelchair. She suffered severe facial bruising and a broken collarbone. The man was initially charged with endangering the welfare of a vulnerable elderly person in the second degree and willful violation of health laws. He was sentenced to time considered served and ordered to take an anger management class. He had spent a little more than two months in jail for the nursing home abuse. The man was fired from his position as an employee. This case highlights the great need for employee supervision in nursing homes. To read more about the nursing home sentence, please click the link.

August 13, 2009

83-year-old Patient Restrained While Employee Took Nap

A nursing home aide tied an 83-year-old woman to her wheelchair with a bed sheet, took her into a common room, turned out the lights and napped. The victim remained restrained for approximately one hour. The elder neglect incident occurred in May of 2008. The certified nurse’s aide pled guilty to violating public health law involving the abuse, neglect and mistreatment of a person. The 72 year old employee had to surrender his nurse aide’s certificate and is prohibited to work in such a capacity for one year from his sentencing date. A director for a watchdog group that tracks enforcement actions against nursing homes and assisted-living facilities stated that this type of incident is not what you do to a human being. The resident of the home was unable to walk or care for herself without the assistance of others. The nursing home’s video recording system showed that the employee pushed the resident down the hallway while she was restrained in her wheelchair with the bed sheet. The use of bed sheets to restraint residents is highly discouraged due to a risk of suffocating and strangulation. To read more about the nursing home abuse, please click the link.

Two Sisters Found Guilty of Neglecting Mother

Two sisters from Geneva, Illinois were found guilty this morning of criminally neglecting their 84-year-old infirmed mother. The two women found guilty of elder abuse will be sentenced on October 9. They could be sentenced to as little as probation or 2 to 5 years in prison. The sisters called emergency medical personnel to their home in April 2007 because their mother was delusional. Paramedics said they found her in filthy sheets with ants crawling on her. When hospital workers noted that the victim weighed only about 70 pounds and was suffering form severe bedsores, they alerted police and social agencies. The woman then died a week later from cancer complications. The Kane County, Illinois Coroner said members of his staff were “sickened” by Barry’s condition. A grand jury indicted the sisters, following an investigation by a new interagency task force formed to probe elder abuse cases. The state’s attorney argued that the sisters ignored obvious signs of their mother’s deterioration. Their lack of action constituted neglect. To read more about the Illinois elder abuse, please click the link.