Articles Posted in Levin & Perconti in the News

covid-19 senate committee letter

Levin & Perconti’s Nursing Home Abuse & Neglect Attorneys Ask Lawmakers to Reject Immunity for Substandard COVID-19 Care

During these difficult times, it remains vital for patients and their families to understand that nursing home residents still have the right to proper care and providers should always be held accountable when that care goes badly wrong.

On May 11, Levin & Perconti attorneys joined more than a dozen advocate organizations made up of nursing-home residents’ lawyers, families, and elder care leaders, in requesting members of the Senate Judiciary Committee, including Chairman Graham and Ranking Member Feinstein, oppose granting a liability shield to nursing homes during the COVID-19 pandemic. To date, 18 states have issued some form of immunity from liability related to care provided during the crisis by long-term care facilities. By providing immunity, Congress is placing nursing home residents in jeopardy at a time when older Americans are suffering most from outbreaks. Here is a brief synopsis of this important letter.

Levin & Perconti Partner Speaks Up for Illinois Nursing Home Residents

Each week, it’s expected that an increasingly high number of U.S. nursing homes will have confirmed cases of COVID-19 and subsequent outbreaks among residents and staff. In Joliet, Illinois, the view is also looking grim. On April 23, Steven Levin, a partner and attorney at Levin & Perconti, spoke with The Times Weekly about the alarming issues arising at Symphony of Joliet. The newspaper is reporting that the facility has more confirmed cases and deaths from coronavirus than any other long-term care facility in Will County.

Levin & Perconti has a history of helping families file lawsuits against Symphony facilities for negligence. Unfortunately, those same failures are being highlighted and have become more noticeable due to the spread of COVID-19.

“We are currently representing several family members of residents at Symphony of Joliet nursing home,” Levin told The Times Weekly. “We’re receiving an increased number of calls directly from residents’ families.”

levin & perconti coronavirus update questions

What kinds of social distancing measures are nursing homes taking at this stage of the pandemic?

CMS guidelines have eliminated all communal meals and activities to limit residents’ contact with each other and allow facilities to repurpose communal spaces (like activity rooms) to spread residents out. Likewise, CMS is prohibiting visitation by family and friends, advocates and non-essential health care providers. The only exception is for “compassionate situations,” including but not limited to end-of-life visitation. Visitors making compassionate visits will be required to wear personal protective equipment, comply with other safety measures and refrain from physical contact. Finally, a person exhibiting any respiratory symptoms whatsoever will not be allowed to visit.

Facilities should already be following longstanding CDC guidelines for infection prevention. Here are some questions that can guide your inquiry into whether they currently comply with the rules.

manorcare for-profit facilities

Remember the Big Payout to Nursing Home Chain, HCR ManorCare?

The for-profit nursing home chain ManorCare went bankrupt with $7.1 billion in debt in 2018 over neglect and Medicare fraud allegations. The group operates about 15 facilities located throughout the Chicago area, primarily under the Heartland, ManorCare Health Services and Arden Courts brands. Prior to the bankruptcy, the chain was owned by the Carlyle Group, who bought the real estate in 2007 for $6.1 million. According to the Washington Post, the chain couldn’t make the $472 million a year rent payment, so instead, left its financial ruin to the takeover company, Quality Care Properties. Residents were found neglected, uncared for and living with painful bedsores and fall injuries, and without barely enough staff. An analysis of violation reports and records from the Illinois Department of Health shows:

  • Staff at a South Holland facility failed to prevent a woman from getting bedsores, and an infection led to her untimely death in 2010.

Levin & Perconti is proud to welcome Cari F. Silverman and Jaime Koziol Delaney as the firm’s newest partners.
Levin & Perconti is proud to welcome Cari F. Silverman and Jaime Koziol Delaney as the firm’s newest partners. Cari has been with the firm since 2010 and earned her law degree from The University of Illinois at Urbana-Champaign. Her most notable settlements include a $6 million medical negligence settlement and a $4.75 million medical malpractice settlement. Jaime graduated from DePaul University College of Law in May 2011 and began working at Levin & Perconti in April 2012. She has successfully settled a variety of cases, including a $9 million medical malpractice case, a hospital fall lawsuit, and many nursing home negligence cases.

The two new partners bring the firm’s partnership to seven members, four of whom are women. They will join founding partners Steven Levin and John Perconti, and partners Susan L. Novosad, Michael F. Bonamarte, IV, and Margaret P. Battersby Black to lead the Chicago-based legal team in upholding a reputation of earning million dollar client verdicts and settlements for clients.

“We are so proud of the work Cari and Jaime do for our clients and of their emerging leadership within our firm,” said co-founding partner Steven M. Levin. “These women are talented and tenacious advocates who get top results for the people they represent while also being excellent, collaborative team members to work with.”

huge hospital fine

Aperion Care Racked Up $367,000 in Fines For 2019 Nursing Home Violations

In 2019, one Illinois nursing home chain, branded under the Aperion Care name, was fined nearly $367,000 by the Illinois Department of Public Health (IDPH) in response to failing to correct serious deficiencies in care and safety of its residents. Aperion Care has 35 Illinois facilities, the majority of which have only one-of-five-star ratings by Medicare.

Most recently, Aperion made a $6 million offer to take over Rock Island’s Hope Creek Care Center. But Aperion’s reputation and questionable level of care residents may receive has alarmed both community and county board members. With a quick review through the quarterly violation reports for Illinois nursing facilities, courtesy of IDPH, it easy to identify why these Aperion Care facilities are fined so often, and also validate the concerns of the Rock Island community.

Nationally Respected Attorneys

Three Illinois Nursing Home Abuse and Neglect Cases That Gained National Attention in 2019

Levin & Perconti is a nationally renowned law firm concentrating in all types of nursing home abuse and neglect claims as well as personal injury, medical malpractice, and wrongful death lawsuits. The firm’s founding partners, Steve Levin and John Perconti were among the first nursing home lawyers in Illinois and are highly regarded among their peers and adversaries for their outstanding work on behalf of victims of abuse and neglect.

Today, the Chicago based firm stands behind three decades of winning experience in defending residents who have had their rights violated and become injured while under the care of others. This is a brief review of three nursing home abuse and neglect cases represented by Levin & Perconti lawyers that made national and local news headlines in 2019.

Steve Levin

Legislation Banning Arbitration in Nursing Homes Protects Residents’ Access to Justice

by Steven M. Levin, as published in the Chicago Tribune

Every day, families nationwide face the difficult task of finding a suitable long-term care facility for their aging loved ones. This decision is often made in the middle of a crisis, and people feel pressured to get through the admissions process quickly to secure a spot for their elderly relative.

nursing home neglect
Negligence Led To 66-Year-Old’s Death in Chicago Nursing Home

Levin & Perconti filed a lawsuit on Tuesday, October 29 on behalf of the family of Jaime Hernandez. Mr. Hernandez tragically bled to death at his west suburban nursing home after receiving a kidney transplant just one month earlier. Before his unexpected and preventable death, doctors were pleased with the man’s recovery and family members were excited for Mr. Hernandez’s future after waiting nearly seven years for his new kidney.

According to the lawsuit, staff at Berkshire Nursing & Rehab Center LLC at the Aperion Care facility located at 8200 Roosevelt Road in Forest Park failed to perform scheduled checks on Mr. Hernandez to prevent bleeding in the arm used for his dialysis treatments. The family is seeking monetary damages for 17 different care failures and negligence.

Margeret Black

Catching up with Levin & Perconti Attorney Margaret Battersby Black, 40 Under 40’s Class of 2011.

Levin & Perconti’s Margaret Battersby Black was named to the Chicago Daily Law Bulletin’s 40 Under 40 List in 2011. 40 Under 40 is a highly selective honor process that recognizes outstanding attorneys from across Illinois. Since then, she has posted a series of high-profile, professional achievements that we wish to recognize.

The 39-year-old plaintiff’s attorney, who is also the parent of two young children alongside her husband Jeff, joined Levin & Perconti as a law clerk in 2006, was promoted to associate attorney in 2008 and named Partner in 2014. Margaret has since led a run of successful personal injury cases, as well as notable settlements involving falls, pressure sores and medication errors on behalf of individuals and families in lawsuits related to nursing home abuse and negligence, including but not limited to:

Lawyer Monthly - Legal Awards Winner
The National Trial Lawyers
Elder Care Matters Alliance
American Association for Justice
Fellow Litigation Counsel of America
Super Lawyers
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