Articles Posted in Levin & Perconti in the News

nursing home snapchat video

Video of Dementia Resident Taunted by Nursing Home Caregivers Was Shared on Social Media 

Levin & Perconti is representing the family of a 91-year-old woman after two of her care aides, formerly employed by Abington of Glenview Nursing Home in Glenview, violated the Illinois Nursing Home Care Act and state privacy laws through abuse and the use of social media. The workers, Brayan Cortez and Jamie Montesa, were caught publishing a Snapchat video of themselves taunting Margaret Collins, an elderly resident with dementia. Snapchat is a multimedia app and popular social media channel used by over 180 million people every day. Each post made is called a “snap.”

The video went public just days before the Christmas holiday in 2018 and showed Collins lying in bed and visibly upset from being taunted by employees throwing a hospital gown at her several times, a clothing item her family says Abington workers knew would make her distressed. The video was captioned with “Margaret hates gowns,” and the “snap” was decorated with two laughing face emojis. A former employee saw the video and shared it with the resident’s family.

nursing home abuse and neglect attorneys

First Came the Record-Setting Award, and Now the Nursing Home Is Paying Legal Fees

On July 18, 2017, a record-setting $4.1M award was won by Levin & Perconti’s legal team of Margaret P. Battersby Black, Steven M. Levin, Susan L. Novosad, Daniel A. Goldfaden and sole practitioner Michael W. Rathsack on behalf of the estate of Dolores Trendel. On June 28, 2019, Justice James Fitzgerald Smith wrote in an unpublished order allowing the estate to recover the cost of litigation from the negligent nursing home at the center of the case – Clare Oaks.

The Nursing Home Care Act requires licensed senior care facilities to pay “the actual damages and costs and attorney’s fees to a faculty resident whose rights … are violated.”

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Leading Lawyers Magazine Features Attorney Margaret P. Battersby Black  

Attorney and Partner at Levin & Perconti, Margaret P. Battersby Black recently appeared in Leading Lawyers Magazine where she led the article by sharing her legal philosophy: to ensure her clients’ wrongs are righted. She continued, “I want to make sure they have a voice,” says Battersby Black, “and that those who take advantage of others are held accountable.”

Margaret grew up in Michigan, alongside family members who ignited her legal career. She says her father, Michael Battersby, also a personal injury attorney, inspired her as he “was always fighting for the underdogs” and his work left an impression on her. She went on to earn her undergraduate degree at the University of Michigan at Ann Arbor and her law degree at Chicago-Kent College of Law.

nursing home neglect

Negligence Led to Fall and Untimely Death of Cook County Nursing Home Resident

Pamela Dimo and Margaret P. Battersby Black of Levin & Perconti are representing a woman suing an assisted living facility alleging that an elderly resident was caused to fall and subsequently die due to negligence. The estate of Sarah Robinson filed the complaint on March 29 in the Cook County Circuit Court against Parkshore Estates Nursing and Rehabilitation Center LLC dba Parkshore Estates Nursing & Rehabilitation Center, infinity Healthcare Management of Illinois LLC, Paulette Alexander RN, Thomeka Brown, Juanita Davis LPN and Aishia Shipp LPN, Abigail Sullivan RD, Tijuana Haywood RN and Rachael Nnabuo RN.

According to the complaint:

nursing home abuse

Illinois Auditor General Report on 2015 Quincy Legionnaires’ Outbreak Reveals Procedures Not Followed and Possible “Cover Up”

On Monday, March 25 the Illinois Auditor General released the state report related to the deadly Legionnaires’ disease outbreak at an Illinois veterans’ home located in Quincy that began on August 21, 2015. The infectious disease crisis carried along for several years and impacted 66 residents and 8 others who tested positive for legionella and resulted in 13 resident deaths which likely could have been prevented. The report contradicted the state’s former administration’s solutions to the outbreak and showed recommendations led by federal authorities to remedy the crisis were not actually followed.

Our legal team has highlighted these key themes found within the state audit report:

nursing home abuse webinar

Levin & Perconti Partners to Present Strafford Live Webinar on Deposing Nursing Home Employees and Owners in Neglect and Abuse Cases

Founder and Senior Partner of Levin & Perconti, Steve Levin, partner Mike Bonamarte and firm associate, Daisy Ayllon, have all been invited to present the upcoming Strafford live webinar, “Deposing Nursing Home Employees and Owners in Neglect and Abuse Cases,” scheduled for Tuesday, April 9, 1:00pm-2:30pm EDT, 12:00pm-1:30pm CST. Strafford provides attorneys with the information and training they need to advance their career and remain at the top of their fields.

Webinar participants will be taught the specific techniques behind building successful depositions. Levin & Perconti panelists will discuss best practices for:

best illinois lawyer

Levin & Perconti 2019 Super Lawyers and Rising Stars Selected

Congratulations to Levin & Perconti’s five partners and eight associates selected to the 2019 Illinois Super Lawyers and Rising Stars lists. These honors are reserved for those legal professionals who exhibit excellence in practice. While up to five percent of the lawyers in Illinois are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.

2019 Illinois Super Lawyers

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Readers Choose Levin & Perconti for “Best Legal Blog”

With a very special thank you to all of our blog readers and those within our online sharing communities, we are excited to announce that Levin & Perconti’s Illinois Nursing Home Abuse Blog has won 1st place in the Medical Malpractice and Personal Injury category by The Expert Institute’s 2018 Best Legal Blog Contest, one of the largest blog competitions of its kind. Levin & Perconti’s Medical Malpractice blog was also a 1st place winner in 2017 making this a consecutive winning year for our online content to shine amongst the best. In 2019, we look forward to providing additional legal suggestions and will continue to build a resource of newsworthy information about the struggles of long-term care communities right here in Illinois but also across the U.S.

The Illinois Nursing Home Abuse Blog has helped many nursing home abuse and neglect victims, as well as their family members and even facility care staff, navigate through a confusing system of legalities. Some of our most shared posts also include a synopsis of successful litigation journeys for our clients, including:

vietnam veteran care

Vietnam Veteran’s Wrongful Death Awarded $7 Million Verdict

A Cook County Circuit Court jury recently awarded $7 million to the family of Patrick Stein, a two-tour Vietnam veteran, suffering from post-traumatic stress disorder (PTSD), after nurses and paramedics failed to keep him safe in an ambulance transfer from St. James-Olympia Fields hospital to the Edward Hines Veterans Affairs (VA) hospital for psychiatric treatment. The 64-year-old Army veteran died in July 2014, after his PTSD confusion resettled and prompted him to exit an ambulance while it was traveling 30 to 35 miles per hours and sustain fatal injuries to his head and body. Prior to his transfer, his concerned family had brought him to the St. James-Olympia Fields emergency room after finding him outside his daughter’s home with a butcher knife clutched to his abdomen. Once Mr. Stein arrived at the hospital though, he did not remember the episode with the knife and continued to present dangerous confusion, prompting his fatal ambulance ride to the VA hospital. The U.S. Department of Veterans Affairs estimates that PTSD afflicts almost 31 percent of Vietnam veterans.

Levin & Perconti attorneys Michael Bonamarte, Margaret Battersby Black and Cari Silverman brought the suit on behalf of Mr. Stein’s family. The attorneys argued that Mr. Stein, given his medical history, should have been carefully monitored by medical staff to protect and prevent him from injuring himself during the transfer. Hospital nurses were also faulted for failing to relay information to the paramedics about his mental state. The clinical impressions of the medical staff at St. James indicated Mr. Stein to exhibit:

“Imagine someone in the inside of a car with the doors locked and the windows rolled up and that person is nonverbal and can’t communicate. And you leave that person in the car until they die.

That’s what happened to our client, but it happened in a health care facility instead of a car.”  Attorney Steve Levin

https://youtu.be/e966vpOoesg

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