Articles Posted in Manorcare Abuse and Neglect

Levin & Perconti, Nationally Recognized Leaders in Nursing Home Abuse and Neglect Law, Launches Investigation into Illinois Nursing Homes Amid COVID-19
Nursing home residents still have the right to proper care and providers should always be held accountable when that care goes badly wrong. It’s no different during these difficult times surrounding COVID-19.

The attorneys at Levin & Perconti have launched over 100 investigations into a number of assisted living, long-term care and skilled nursing facilities that have failed to uphold adequate safeguards and care in response to the COVID-19 outbreak for residents in Cook and surrounding counties in Illinois. We are seeking anyone who has information about the outbreak of COVID-19 at these facilities to contact us.

If you or your loved one has been impacted by COVID in a nursing home, please contact us for a free consultation on whether you have a legal case against the nursing home.

quarterly violator report

Illinois Nursing Homes Named in Second Quarter Violators Report By IDPH

The Illinois Department of Public Health (IDPH) has released its second Quarterly Report of Nursing Home Violators for 2019. This report dates April 2019 thru June 2019 and highlights 113 Illinois facilities cited for violations of the Nursing Home Care Act, a statute that provides nursing home residents and their families with the assurance that proper and safe care will be received.

Facilities with violations in quarter two of 2019 include:

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New Report Shows Serious Care Violations and Doubled Fines For 56 Illinois Nursing Homes

The Illinois Department of Health produces quarterly reports on nursing home violators. The most recent report, dating January 2018 thru March 2018, highlights more than 50 Illinois facilities determined to be lacking in patient care abilities related to the Nursing Home Care Act, a statute that provides nursing home residents and their families with the assurance that proper and safe care will be received.

Some violations heightened with a serious high-risk designation, and all homes received fines of no less than $1,000 while others reached more than $50,000 fines for issues that caused actual harm or immediate jeopardy to residents. Several problems were related to infected bedsores, medication mix-ups, poor nutrition, and abuse and neglect of patients caused by lack of support or inexperienced, overburdened staff. These violations may result in an official recommendation for decertification to the Department of Healthcare and Family Service, or the Secretary of the United States Department of Health and Human Services. Facilities included in this report are:

Former HCR ManorCare CEO Paul Ormond is set to receive $116.7 million from the now-bankrupt nursing home giant. In September, Ormond resigned in the midst of speculation that ManorCare would be filing for bankruptcy due to its inability to pay back rent on its 295 skilled nursing and assisted-living facilities. Thanks to recently released bankruptcy documents, it has been revealed that ManorCare is $7.1 billion in debt.

The parcels of land on which ManorCare facilities sit have been leased to them by Quality Care Properties, (QCP) a real estate investment trust, since a deal inked in 2011. Within 14 months of the agreement, ManorCare began having problems paying rent on their properties. The company was able to get by for a time thanks to other businesses within their corporate portfolio, including profitable home health and outpatient rehab divisions. These segments were able to transfer $500 million to the skilled nursing facility area of the business to help cover rent payments, until eventually the company realized they would be better off filing for bankruptcy. At one point last October, ManorCare residents and their loved ones were frightened at the possibility of being evicted from their facilities when the chain waited until the last possible minute to respond to a lawsuit filed against them by QCP. At the eleventh hour, ManorCare submitted a request to extend the deadline to file a response, a motion which was thankfully approved.

ManorCare Debt to be Repaid After CEO Gets $116.7 Million Check

It looks like trouble for HCR ManorCare. The nursing home giant, the country’s second largest chain, was recently abandoned by the private equity firm that has owned the company for the last 10 years. The firm, Washington, D.C.-based Carlyle Group, had already sold off nearly all of the real estate associated with ManorCare in 2011.

Rumors of problems at ManorCare began over 2 years ago when the U.S. Justice Department filed a lawsuit against the chain for billing Medicare for ‘medically unreasonable and unnecessary services.’ While the chain has attempted to blame the fraudulent charges on a greedy few rather than on a corporate moneymaking scheme, that hasn’t prevented many high level ManorCare executives from leaving the company. Unnamed sources within ManorCare have recently revealed that the company owes close to $400 million to investors for senior loans. Senior loans are particularly important because borrowers are legally obligated to repay this type of debt to a lender before paying any other creditors. In light of these revelations, several vendors have recently abandoned relationships with ManorCare, a sign that the chain’s financial issues are leading to a bankruptcy filing and potential closure of facilities.

ManorCare Well Known but for Many of the Wrong Reasons

A lawsuit was recently settled in a nursing home neglect case again HCR Manor Care. As mentioned in a new WV Records story, the underlying suit was filed in early February 2012 by the administrator of the estate of a former resident at a HCR Manor Care facility. The suit claimed that the four-year resident of the facility suffered neglect which resulted in serious injuries, pain, suffering, and ultimately, her death. The 85-year old allegedly had pressure sores develop, infections, and various other physical and mental problems resulting from lackluster care. Allegations were also made about a nursing home fall, with premises liability claims included in the lawsuit. The suit was eventually settled by the family for a confidential amount.

$90 Million Case Still Going

One of the most high-profile nursing home neglect cases in recent memory also involved the nursing home chain HCR Manor Care. What made the case so unique and headline-grabbing was the size of the verdict against the company after a jury heard evidence about systematic problems in care against the chain–$90 million.

This week our Chicago nursing home neglect attorneys at Levin & Perconti announced the conclusion of two separate Illinois nursing home neglect cases against ManorCare at South Holland. Both lawsuits were settled with the facility without the need to go to trial-the latest being approved by the judge in the case just last week. The first settlement was for $1 million while the facility will pay the second family $750,000 for their actions.

Our Illinois nursing home attorneys Steven M. Levin, Margaret P. Battersby, and Tina Dave represented the families in these cases. In both cases the residents developed serious pressure sores which should have been prevented. The pressure sores caused the vulnerable seniors’ health conditions to deteriorate quickly and led to untold suffering for the residents. As Attorney Levin explained, “the victims’ families filed lawsuits to draw attention to the problems at Manor Care South Holland, with the hopes of preventing this from happening to future residents. Our clients’ cases illustrate that there were serious systematic issues at the facility.”

The first case involved an 80-year-old resident who developed several infected stage IV pressure sores during her five month stay at the facility. In this case the victim ultimately died from complications of those sores. Stage IV represents the most serious versions of these ulcers. These sores are virtually always preventable if proper care is provided to seniors who are at risk of developing them. The second Manorcare nursing home settlement was reached with the family of an 82-year-old resident. The victim was only planning to stay at the facility for rehabilitation purposes and then returning home. Unfortunately, that plan did not hold true. Instead, during her six week stay at the home, the victim developed a necrotic State IV pressure sore that required surgery and did not fully heal for two years. In addition, she was malnourished and became immobile while living in the nursing home. The family moved her out of the home when they discovered the mistreatment, but she never fully recovered from the injuries which developed at the facility.

This week our Illinois nursing home attorney Susan Novosad officially submitted a complaint in a new Illinois nursing home neglect lawsuit against ManorCare of Westmont. The case stems from the death of a former resident at the facility. The victim was in her late 80s when she entered the facility in November of 2009; she died less than a year later. Unfortunately, the record indicates that in her time at the facility the resident did not receive the level of care to which she was entitled under Illinois law. This mistreatment ultimately helped precipitate the woman’s death.

Attorney Novosad filed the complaint this week against the facility and its parent company alleging statutory violations of the Illinois Nursing Home Care Act as well as common law negligence and wrongful death claims. The neglect was evidenced most clearly by the fact that the resident developed multiple pressure sores during her time at the ManorCare nursing home. Of course, one of the main duties owed to resident of a long-term facility is the prevention of these sores. As blog readers are well aware, pressure sores are virtually always preventable skin problems. They develop only when the care provided to residents is inadequate.

In the case of this latest victim, she should have been identified as being at high risk for pressure sore development upon her admission to the facility. Knowing that she was likely to develop these painful, potentially-deadly conditions, the staff members at the facility should have enacted a protocol to ensure that she did not develop the problem. Sadly, the facility failed in that duty. As a result the victim developed multiple pressure ulcers which eventually became infected.

The injuries that the resident suffered as a result of this Illinois nursing home neglect were severe. Her overall physical, mental, and psychosocial well-being deteriorated following the problems. The multiple pressure sores were particularly painful-one of them included a stage IV sacral decubitus ulcer. The sores became infected, which eventually contributed to her death eleven months after she arrived at the home.

The common law claims against the facility similarly allege that the basic duty of care owed to the resident was breached in this case. The victim suffered a variety of injuries as a result of her not receiving the level of nursing home care to which she was reasonably entitled. That includes pain and suffering, disability, disfigurement, medical expenses, and other losses. According to the state’s survival statute, the special administrator of the victim’s estate is entitled to receive compensation for those losses which are to be added to the woman’s estate.
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Today our Chicago nursing home negligence lawyers Michael F. Bonamarte, IV and Margaret P. Battersby helped a family obtain fairness when the judge approved and ordered a $500,000 nursing home negligence settlement. Our client had suffered a stroke and was hospitalized for a brief period of time. After hospitalization, she was admitted to the nursing home for rehabilitation. After fourteen days of rehabilitation, she returned home.

When our client was admitted to the ManorCare at Palos Heights East, she had a Stage I pressure ulcer. Pressure ulcers are injuries to the skin and tissue that are caused by prolonged pressure on the body. Pressure ulcers are categorized into four different stages, with Stage I indicating an area of redness and Stage IV indicating damage to the muscle and bone.

Although the nursing home knew that our client was at risk for pressure ulcers, they did not develop a plan of care for her pressure ulcer until the eleventh day of her fourteen day stay. The nursing home did not treat her condition with pressure reliving techniques such as repositioning, turning, or a pressure reduction mattress. Instead, the nursing home allowed our client’s Stage I pressure ulcer to progress into a Stage IV pressure ulcer. As her pressure ulcer worsened, her skin broke and exposed the wound to contaminants. Unfortunately for our client the nursing home neglected to protect the wound, causing the wound to become infected and necrotic.

Suspecting that the nursing home neglected our client, her family called the Illinois Department of Public Health (IDPH). IDPH investigated ManorCare at Palos Heights and found that the nursing home failed to provide appropriate care and treatment of our client’s pressure ulcer. Furthermore, the IDPH cited the nursing home for failing to provide our client timely medical treatment.

As a result of the nursing home’s neglect, our client’s pressure ulcer was never able to heal. She suffered from the painful pressure ulcer until her death about ten months after she left the nursing home. Although the pressure ulcer lawsuit settlement can never make-up for our client’s family’s loss, it will help to cover the extensive financial burden of medical and funeral expenses.
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Bloomberg News reported today on big news in the real estate world involving healthcare facilities and nursing homes. The country’s largest investment trust in healthcare real estate-HCP, Inc.-announced plans to buy 338 properties from Carlyle Group’s HCR ManorCare, Inc.

The REIT deal (real estate investment trust) is the largest in years, with the total sale worth $6.1 billion. That includes $3.5 billion in cash, $1.7 billion reinvested from existing debt, and $852 million in stock.

Many Illinois families are familiar with the sellers who operate hundreds of nursing homes under the ManorCare name. The 338 properties sold are all post-acute, nursing, and assisted-living facilities. The company operates properties in 30 states, including here in Illinois.

HCR ManorCare will continue to run the facilities under a long-term lease. The rents on the facilities will increase each year under the deal, and the buying company reserves an option of obtaining a 9.9% stake in the company.

An analyst explained that the CEO of HCP Inc. “has long indicated an interest in investing in premier nursing-home assets, and ManorCare represents such an operator.”
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