March 15, 2010

Kickbacks made with Chicago Nursing Home Operators

Illinois state authorities are declining to pursue civil allegations made by whistle-blowers that said one of the nation’s largest pharmacy companies, Ominicare Inc., paid a multimillion-dollar kickback to Chicago nursing home operators. There has been a civil lawsuit filed by two health care industry insiders. This lawsuit claims that Omnicare Inc was allegedly inflating the purchase price it paid for a pharmacy company that was controlled by the Chicago nursing home operators Phillip Esformes and Morris Esformes. These lawsuits were brought under the federal False Claims Act which allows private citizens to file fraud actions on behalf of the government and recover those funds on the government’s behalf.

In 2004 Omicare paid $32 million for Total Pharmacy which included millions of dollars that are alleged to be a kickback to secure long-term pharmacy contracts with the Esformes family’s nursing homes. Illinois Attorney General Lisa Madigan’s office and the U.S. Justice Department declined to intervene for lack of a burden of proof. However, the civil nursing home lawsuit against the owners will continue. The Chicago Tribune reported that the father and son due are listed as part-owners of 28 nursing homes in Illinois and Florida. These cases include a cluster of whistle-blower lawsuits that Omnicare recently settled by paying $98 million. Through these kickbacks Omincare has secured the use of their pharmaceuticals in nursing homes throughout the country. This drives up prices of the drugs and ultimately the cost of patient care. To read more about the nursing home lawsuits, please click the link.

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Posted In: Chicago

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March 13, 2010

Nursing Home Beds May Be Unsafe

The New York Times recently published an expose that questions whether beds in nursing homes are safe for the patients within them. They discussed the death of one patient who found his neck entrapped between the mattress and the rail. The patient wrongfully died from asphyxiation. The family filed a nursing home lawsuit against the hospice organization, the manufacturer of the bed and the medical equipment vendor.

While bedrails are supposed to be safety devices, experts believe that they oftentimes create more problems than they solve. Rails decrease a patient’s risk of falling by 10 to 15 percent, yet they increase the risk of injury by about 20 percent. This happens when confused or demented patients who try to climb over the rails fall from a lower level and land on their knees or legs. These patients are then apt to fall further and strike their heads. However, the biggest danger is entrapment. Patients will get stuck within the rails or between the rail and the mattress. The FDA had tallied 480 deaths and 138 injuries from bedrail incidents. A person will roll into the slot next to the rail, which slides the mattress to the opposite side. The patient will drop to the gap and the mattress pressing on his/her chest will make it impossible to breathe.

The Chicago nursing home lawyers at Levin & Perconti recently reached a settlement in a nursing home bedrail entrapment death. The victim’s family was awarded $570,000 in the case. To read more about bedrail incidents, please click the link.

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Posted In: Hot Button Issues, Bedrails

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March 13, 2010

Nursing Home Residents Are Entitled to Enjoy Their Life

In a recent New York Times article, Dr. Marc Agronin draws our attention to society’s misguided perception of aging. He comments that we too often “imagine the pains of late-life ailments but not the joys of new pursuits; we recoil at the losses and loneliness and fail to embrace the wisdom and meaning that only age can bring.” The author who has worked in a nursing home for fifteen years recounts his imagined sadness upon meeting a 93 year old woman who entered the nursing home upon losing her husband of 73 years. The doctor asked the woman how she was coping, and, to his surprise, she responded that she was in “heaven” after enduring decades in an unhappy marriage with a verbally abusive man. The author also recounts the story of a woman who suffers from Alzheimer’s disease who had fallen in love with another nursing home resident and how they enjoy a “newfound innocence that perhaps only their memory loss restored.” These nursing home residents were enjoying her life in the nursing home, trying new activities and experiencing new relationships. Too often we envision life ending upon entering the nursing home with nursing home residents experiencing a loveless and lonely life with death hovering close by. After representing thousands of nursing home residents over the years, the Chicago nursing home attorneys at Levin & Perconti are well aware of this misperception and constantly strive to make sure that residents at nursing homes receive the care they deserve and enjoy the life they are entitled to, free of nursing abuse and neglect, as they enter a nursing home.

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Posted In: Nursing Home Abuse, Nursing Home Abuse, Nursing Home Attorneys, Nursing Home Negligence

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March 12, 2010

Hope for New Alzheimer Drug Lost - New Study for another Treatment Provides Promise

According to an article in the New York Times, hopes were recently crushed crushed when an Alzheimer drug failed in its first late-stage clinical trial. The companies working on the drug, a start-up in San Francisco called Medivation and the world’s largest drug company, Pfizer, said that the drug, called Dimebon, “had shown virtually no effect after six months in treating the cognitive decline or behavioral problems associated with Alzheimer’s when compared with a placebo.” The companies are now determining whether they will abandon other trials for Dimebon or whether Pfizer, which has been paying a majority of the costs, pulls out.

On a more positive note, researchers at Rush University Medical Center in Chicago have found that people who view life with a sense of purpose and who set goals are less likely to develop Alzheimer's disease or dementia. These findings could provide new treatment interventions for elderly adults. The report appears in the March issue of the Archives of General Psychiatry.

Nursing home attorneys at Levin & Perconti represent a number of people suffering from Alzheimer’s disease. As such, the attorneys at Levin and Perconti remain up to date on the latest ways they can best assist clients suffering from Alzheimer's both inside and outside the courtroom.

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Posted In: Alzheimer's

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March 11, 2010

Both Chicago and Illinois Move to Improve Nursing Home Safety

Illinois and Chicago officials are looking towards new legislative proposals to improve nursing home safety. 48th Ward Alderman Mary Ann Smith has introduced ordinance amendments which will hopefully strengthen the current city of Chicago inspections of nursing facilities. Additionally, the nursing home legislation will increase enforcement and penalties of incidents of nursing home abuse. Under the new legislation nursing homes will be required to make the details of their financial and safety records more accessible to the public.

While this new city legislation is being debated, Governor Quinn’s office is planning to introduce legislation that will implement the recommendations of the recently formed Nursing Home Safety Task Force. This task force was formed immediately after the Chicago Tribune reported the grave conditions that take place at area Chicago nursing homes. These incidents included rapes, attacks and murders in those facilities that house the elderly with the mentally ill. The task force has recommended tightening criminal background checks on new residents, increasing nursing staffing and bolstering sanctions against facilities whom chronically breach safety regulations.

The Chicago nursing home lawyers of Levin and Perconti support the recent efforts to improve nursing home safety. They recognize that legislative action may decrease the cases of nursing home abuse throughout the state of Illinois. Many other organizations are supporting the legislation such as the AARP, Illinois Citizens for Better Care and the trial lawyers association. The crafters of the bill believe that the great amount of support they are receiving will help the nursing home bill pass through the legislative channels. To learn more about the recent proposals, check out the Chicago Tribune article.

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Posted In: Illinois Nursing Homes, Chicago Nursing Homes, Compromised Care: Tribune Investigation, Legislation, Nursing Home Abuse

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March 10, 2010

Chicago Nursing Home to Close by Friday

According to the Chicago Tribune, Somerset Place in Chicago will officially close on Friday, and the state must transfer Somerset's remaining residents. The closure comes after Medicaid funding was cut off and the Illinois Department of Public Health revoked Somerset's funding after inspections revealed rampant nursing home abuse and neglect. Somerset Place nursing home and its owner, Eric Rothner, have received attention in the media due to an investigation by the Tribune that revealed a number of incidents of resident abuse and neglect. The population at Somerset Place is entirely made up of residents suffering from mental illnesses.

Rothner owns a number of nursing homes throughout Illinois, including the management company Care Centers, Inc. Care Centers declared bankruptcy recently, but was managing Somerset up until bankruptcy was declared. Care Centers, Inc. is the subject of a number of nursing home abuse and neglect lawsuits, however it is questionable whether the victims will ever see compensation. The company still owes $400,000 to a former employee after a jury found that Care Centers denied her leave benefits.

Despite this debt, the Tribune reports that Rothner received payments of $900,000 from Care Centers, Inc. in the year before the management company filed for bankruptcy. A judge called this a "deliberate attempt to conceal and divert assets to avoid paying the judgment."

The Chicago nursing home abuse attorneys at Levin & Perconti have filed a number of lawsuits against Care Centers, Inc. and homes owned by Rothner. If you suspect that your loved on has suffered injury or death as a result of nursing home abuse and neglect in a Care Centers home, please contact our office. We will be happy to discuss your legal options with you.

According to the IDPH's Nursing Homes in Ilinois website, Rothner owns a number of Illinois homes, including:
• Briar Place
• Bryn Mawr Care
• Concord Extended Care
• Countryside Nursing & Rehabilitation Center
• Hillcrest Nursing & Rehabilitation Center
• Bella Vista Care Center
• Avenue Care Nursing & Rehabilitation Center
• Prairie Village Healthcare Center
• Boulevard Care Nursing & Rehabilitation
• Park House Nursing & Rehabilitation Center
• Elmwood Care
• Rainbow Beach Care Center
• Westshire Nursing & Rehabilitation Center
• Wheaton Care Center
• Wilson Care
• South Suburban Rehabilitation Center

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Posted In: Care Centers Nursing Home Abuse & Neglect, Chicago Nursing Homes, Somerset Place

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March 9, 2010

New Nursing Home Legislation Looks to Reform Illinois

A group of elder advocate groups brought together by the AARP joined in Springfield to announce nursing home legislation that will reform the way nursing homes operate in Illinois. Senate Bill 685 was introduced by Heather Steans and Jacqueline Collins, both Democrats from Chicago. As been highlighted recently in the media, nursing home residents in Illinois have been victims of nursing home failures. Nursing home patients have been the victims of physical, mental and sexual abuse. They have been given the wrong diagnosis or wrong medications all at the hands of nursing home employees. This bill will go way beyond what has recently been proposed in the Governor’s task force. To read more reaction about the Illinois nursing home legislation, please click the link.

The new Illinois nursing home legislation will address many problems currently plaguing residents. The group's press release states that legislation will improve the quality of care for nursing home residents and create meaningful regulations for Illinois nursing homes. These include disincentives and penalties for facilities that provide inadequate care. Also, the legislation would provide regulations that promote resident safety and a safe environment for all older people in Illinois nursing homes. One of the most important provisions is that the legislation would require higher staff to patient ratios and better training for direct-care staff. This is extremely important because many studies have found that a home's employee to resident ratio is a vital part of a safe nursing home. The Chicago nursing home lawyers of Levin & Perconti support this legislation and ask that everyone contact their Illinois representatives to voice their support as well. The Illinois AARP set up a Nursing Home Reform Legislation Hotline. We encourage you to call 1-888-616-3322 to ask your Illinois legislators to support Senate Bill 685.

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Posted In: Illinois Nursing Homes, Legislation

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March 9, 2010

Press Conference to Announce Nursing Home Reform Legislation in Illinois

Today, lawmakers, the AARP, the Illinois Trial Lawyers Association, the Illinois Citizens for Better Care, the Illinois Association of Long Term Care Ombudsmen and other senior and nursing home advocacy groups will hold a press conference to announce nursing home reform legislation that will be introduced in the Illinois Senate this week. The press conference will be held in Springfield at 1:00 p.m. CST.

As Chicago nursing home neglect attorneys who represent residents and their families, we are energized to see legislation aimed at improving safety and care for nursing home residents in Illinois. We commend the lawmakers and advocates who made this legislation possible. We will continue to post news updates surrounding the Illinois nursing home abuse and neglect reform legislation.

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Posted In: Illinois Nursing Homes

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March 7, 2010

Illinois Nursing Homes Must Carry Insurance

The Clarion Ledger has recently posted an article discussing the needs of nursing homes to carry insurance. The article points out that many nursing homes do not carry enough liability insurance to cover damages caps if a nursing home abuse lawsuit is filed. Many nursing homes face lawsuits after physical and sexual abuse or nursing home neglect. Nursing homes should be required to carry enough insurance to cover a vulnerable person that is injured, mistreated or abused while a resident at the home.

In Mississippi, a current House Bill 536 would require non-government nursing homes to carry $500,000 in liability coverage which is equivalent to the amount that the government nursing homes must carry under the Tort Claims Act. While this out-of-state legislation may seem like an obvious need to those who believe in elderly rights, many insurance companies and nursing home lobbyists are working diligently to try to kill the bill before it reaches the Senate. Since nursing homes have received the damage caps they believe are so important, it is imperative that they carry insurance. The elderly need and deserve the accountability afforded to them with the passage of HB 536. To read more about the nursing home legislation, please check out the link.

Illinois is one of the states that does not require nursing homes to carry liability insurance. We hope that new Illinois nursing home reform legislation will require homes to operate with insurance. The Chicago nursing home abuse attorneys at Levin & Perconti encourage people to ask if a nursing home carries insurance before entrusting a loved one to the facility. Researching a nursing home’s insurance information is an important step to ensuring your family members rights in the event of an injury caused by negligence.

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Posted In: Illinois Nursing Homes, National Nursing Homes, How to choose a home, Legislation, Legislation

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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.

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Posted In: National Nursing Homes, Abuse, Legislation, National Nursing Home News, Verdicts and Settlements

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March 4, 2010

Chicago Nursing Home Abuse Lawyer Steve Levin Quoted about “Angel of Death” Case

The Chicago nursing home abuse lawyers of Levin & Perconti filed an amended complaint in the McHenry County Circuit Court yesterday in a lawsuit against Woodstock Residence. Our attorneys represent the family of Virginia Cole in a civil lawsuit against the nursing home and two former employees. The original complaint alleges that the nursing home and named employees administered lethal doses of morphine that led to Cole’s death at the age of 78. The amended complaint adds the medical director at the time of Cole’s death as a defendant, alleging that the director was negligent in his care of Cole. The complaint alleges that the medical director diagnosed Cole incorrectly, neglected to determine if she was in pain before he ordered morphine and failed to make sure the nursing home was handling controlled substances, such as morphine, properly.

According to Illinois nursing home attorney Steve Levin, the lawsuit does not allege that the named medical director was aware that employees were giving Cole and other nursing home residents unneeded doses of morphine, a narcotic pain killer that is used to treat severe pain. The medical director was also named in a wrongful death suit that was filed on behalf of another Woodstock resident whose death is in question.

In addition to the civil wrongful death lawsuit, a criminal lawsuit has also been filed against the two former employees. We will continue to provide news and information on the “Angel of Death” case in McHenry County as it becomes available. To read the Northwest Herald’s coverage of the nursing home lawsuit, click on the hyperlink.

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Posted In: "Angel of Death" case, Illinois Nursing Homes, Levin & Perconti in the News

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March 3, 2010

Staffing Ratios at Nursing Homes Must be Mandated

It has been well documented that nursing home staffing ratios and quality of care go hand in hand. According to a recent article from My Elder Advocate, sufficient nursing home staff are needed to ensure that residents have proper nutrition, disease management and that they are turned and repositioned frequently to prevent pressure sores. A 1996 study from the Institute of Medicine found that staffing ratios have a great effect on the nutrition of nursing home residents. Understaffed nursing homes are more likely to have patients who suffer from dehydration, malnutrition and associated conditions.

It is time that nursing home legislation reflect the need for greater staffing. Since the over 65 population will increase by 60% between 2004 and 2030, this is the time to enact such legislation. Nursing home legislation should require ratios to patients in order to ensure that there is sufficient staff to care for our aging population. Unfortunately, nursing home legislation to require ratios has not passed nationally. This is because people argue that this would increase the cost of running a nursing home. Yet, how can you put a price on patient care?

Studies show that raising staffing ratios can cut down on operating costs. It has also been found that understaffing in nursing homes does not help the nursing shortage. Many nurses refuse to work in nursing homes because of the poor working conditions prevalent in understaffed homes. Many nurses have changed professions or gone to part-time due to the poor working conditions. Therefore, new nursing home legislation must be enacted to ensure that there is proper care in all nursing homes, regardless of their monetary position. To read more on nursing home staffing, follow the link.

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Posted In: National Nursing Homes, Legislation, Nursing Home Staff News

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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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