$17,700,000

Brain injury due to nursing staff negligence

$14,000,000

Ignored x-ray results delaying diagnosis of lung cancer

$12,000,000

Failure to diagnosis causes wrongful death

$10,000,000

Truck ran over five year boy

$7,620,000

HMO doctor ignored mother's complaints resulting in death

$7,000,000

Vietnam veteran PTSD wrongful death

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.

mfbhigh-res___02170518915-300x225

Levin & Perconti Partner Michael Bonamarte Shares Highland Park Connection with Pioneer Press

Although Levin & Perconti partner Michael Bonamarte IV calls Winnetka home for his family including wife Julia and young daughter, the accomplished attorney is proud of his Highland Park roots with a strong family history in public service. Michael recently talked to the Pioneer Press, a division of Tribune Publishing which runs 32 local newspapers in the Chicago area, about his career and family. The weekly feature called Shout Out is a short Q & A session aimed to connect suburban Chicago readers to their fellow community members and local visitors. Here is an extended recap of his conversation with reporter Daniel Dorfman.

Q: What are your favorite memories of growing up in Highland Park?

Elderly Woman Attacked

Convict Walked Into Nursing Home and Sexually Assaulted Elderly Woman

A $50 million claim has been made against a California nursing home after a convict snuck in and sexually abused an 88-year-old woman, according to San Diego news source, NBC7. Lawyers for the victim’s family say shortly after 49-year-old Lusean Arline was released on parole, he welcomed himself through a Hillcrest nursing home’s unlocked back door and then proceeded to the second floor and sexually attack an elderly resident in her room. The report further explained that the woman was taken to a local hospital where she was treated for the rape, a broken arm, and emotional stress.

Nursing Home Negligence ‘Opened the Door’ to Violent Crime

Patient and Nurse Struggling

Good and Bad Nursing Homes Struggle with These 6 Issues

Certified skilled nursing facilities in Illinois are required to provide individualized care for residents. That is about 1,300 nursing homes responsible, both for-profit or not-for-profit, set to comply with about 1,500 state and federal standards. Yet violations related to abuse, safety and neglect as outlined by the Nursing Home Care Act occur each day, many undocumented or resolved. And unfortunately, trends in failing to comply can occur at both good and bad facilities.

The nursing home abuse and neglect attorneys at Levin & Perconti continue to identify these six common issues leading to nursing home abuse and neglect cited at facilities located throughout Illinois.

Senior Living and Music

New Study Finds Hopeful Link Between Patients with Dementia and Music

Dementia, a form of Alzheimer’s, is “one of the only top-10 causes of death in the U.S. that cannot be prevented, cured or slowed,” according to the Alzheimer’s Association in Illinois. The majority of individuals diagnosed with dementia symptoms grow to rely on care provided by a nursing home to help manage their daily activities, medications, financial needs, and assist them while residing in a safe environment.

For decades, physicians and families of nursing home residents have fought against the misuse of antipsychotic drugs to treat dementia symptoms rather than look to alternative treatments. Researchers now say findings related to how the human brain responds to a familiar song at super speed could be used to help calm patients battling dementia.

Nursing Home Lawsuit

History of Attorney’s Fees Under the Illinois Nursing Home Care Act

In the Winter 2020 edition of Trial Journal magazine, Levin & Perconti partners Margaret P. Battersby Black and Michael F. Bonamarte IV shared their review of how the Illinois Nursing Home Care Act provides for attorney’s fees and costs to successful litigants. In the article, the attorneys discuss the uncertainty many plaintiff’s attorneys have about the calculation of fees and costs allowed when taking on nursing home cases. This ambiguity has existed since Berlak v. Villa Scalabrini Home for the Aging, Inc., one of the first cases to interpret the statutory attorney’s fees provision of the Act, finding them mandatory.

  • The requirement that the licensee pay the prevailing resident’s attorney’s fees is mandatory as evidenced by the legislature’s use of the word “shall” in the statute. Ordinarily, the use of the word “shall” in a statute is indicative of a mandatory legislative intent.

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.

mfbhigh-res___02170518915

Levin & Perconti Partner Serving as Chair of The American Association for Justice’s Nursing Home Litigation Group

Michael F. Bonamarte IV, a partner at Levin & Perconti has committed to supporting The American Association for Justice’s Nursing Home Litigation Group as the 2019-2020 term Chairman. Bonamarte, who will collaborate alongside many other knowledgeable members, will be leading a crucial role in advocating for safety and accountability in nursing home facilities.

“We provide our members — who represent our nation’s seniors and their families — with education on developments in case law and regulation and foster collaboration so that members can share knowledge and strategies,” Bonamarte recently told the Chicago Law Bulletin. “The group enables lawyers to stand up for the most vulnerable people in our society. It is my honor to take the reins as chair for the 2019-2020 term and I look forward to continuing the group’s work in various areas.”

drug abuse

7 Antipsychotic Drugs Used and Abused by Illinois Nursing Homes

Antipsychotic drugs are sometimes given to patients living in nursing homes to calm their behaviors. But some of the most sensitive nursing home patients may be receiving antipsychotic drugs, even though there is no diagnosis of psychosis. For decades, this has been a growing problem for U.S. nursing homes and staff continue to wrongfully use the powerful medications in hopes to make their jobs easier. The misuse of these dangerous drugs is also known as a chemical restraint.

These are seven of the most widely used antipsychotic drugs abused by Illinois nursing homes today.

Financial exploitation

Symphony Residences of Lincoln Park Stalls Courts, Exploited Resident Waits for Justice

Grace Watanabe is a 98-year-old Japanese American survivor of the World War II Japanese internment camps. Her time spent working for the U.S. Department of Health and Human Services helped her save for her retirement. As she aged, Ms. Watanabe required much more care and moved to Symphony Residences of Lincoln Park. Without any family, she had to make the choice to become increasingly reliant on the Symphony facility and staff, paying them more than $3,600 a month for her care. Shockingly, she was taken for much more. This is the most recent update of an alarming example of a vulnerable nursing home resident being financially exploited by care staff.

  • During Watanabe’s time at Symphony, seven workers wrongfully received more than $700,000 from her.
Lawyer Monthly - Legal Awards Winner
The National Trial Lawyers
Elder Care Matters Alliance
American Association for Justice
Fellow Litigation Counsel of America
Super Lawyers