Articles Tagged with levin & perconti

Poor Nursing Home Care

71 Illinois Nursing Homes Named in Third Quarter Violation Report

The Illinois Department of Public Health (IDPH) has released its Third Quarter Report of Nursing Home Violators for 2019. IDPH is responsible for ensuring nursing homes comply fully with mandatory state regulations. This report dates July 2019 thru September 2019. It highlights 71 Illinois facilities cited for various 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.

Violations, no matter how small in detail, should be taken seriously, especially since history proves a majority of these facilities will become repeat and more serious offenders. Besides, several of those cited this quarter are large facilities that choose to overwork, underpay, and overburden staff. Leaving these workers with too little of resources and too many residents to care for is a clear sign that abuse and neglect of residents is present.

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:

Elder Woman Struggling

Nursing Home Caregivers Charged with Financial Exploitation of Elderly Resident

Grace Watanabe is a 98-year-old woman who had her life savings robbed of her by two former nursing home caregivers employed at Symphony Residences of Lincoln Park, located at 2437 N. Southport Avenue in Chicago.

Last year, Cook County Public Guardian Charles Golbert, with the aid of Levin & Perconti attorneys Steven Levin and Mike Bonamarte, filed a civil lawsuit accusing the workers of stealing $750,000 from Watanabe while she was residing at Symphony of Lincoln Park from 2009 – 2018. It was her bank that flagged the suspicious account activity.

Arbitration Agreement

FAIR Act Bill Has Passed the House, Now Headed to the Senate

On Friday, September 20, lawmakers in the House voted 225-186 to pass the Forced Arbitration Injustice Repeal (FAIR) Act, introduced by Rep. Hank Johnson (D-GA) and Sen. Richard Blumenthal (D-CT), with the help of many supporters who look to hold long-term care doers responsible for abuse and neglect. The bill is designed to end forced pre-dispute arbitration in contracts between consumers and corporations, including nursing homes, long-term care centers and assisted living communities.

Moving ahead, the FAIR Act could:

nursing home vote

Lawmakers Will Soon Vote on the FAIR Act to Stop Forced Arbitration 

Americans have the right of a jury trial unless forced to agree otherwise in the form of an arbitrary clause contractually. These agreements have found their way into all of our employment, consumer, franchise and even medical contracts. Once used as a tool for businesses to solve their disputes, forced arbitration has become a greedy and ruthless tactic, dangerous to consumers.

Just this week, the full House of Representatives is set to vote on the FAIR Act, H.R. 1423. The bipartisan bill, sponsored by Congressman Hank Johnson (D-GA), is vital to all American consumers as no one should be forced to agree pre-dispute to allow third-party arbitrators decide on a judgment rightfully meant for a public trial. The bill has 222 cosponsors including several Representatives from Illinois.

Margaret Battersby Black appears on Fox & Friends with her client Joan Biedel, whose mother is the subject of a nursing home abuse case that has gotten national attention.

Nursing home resident Margaret Collins, a 91 year old woman with dementia, was the subject of repeated harassment from two nursing home employees. The upsetting viral video has caused a backlash of anger against elder abuse and an outpouring of support for Margaret Collins and her family.

nursing home abuse and neglect attorneys

Two partners talk about going from student to teacher

This piece was originally published in the Chicago Daily Law Bulletin on August 1, 2019.

By Margaret Battersby Black and Michael F. Bonamarte IV

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.”

Chicago nursing home attorney

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.

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