Legal Updates

Illinois Appellate Court Requires Lower Court to Enter a Stay of Wrongful Death Proceedings During Arbitration of Survival and Family Expense Claims

On November 9, 2017, the Illinois Appellate Court reversed the ruling of the Circuit Court in Hayes v. Victory Centre of River Woods, LLC, 2017 IL App (1st) 162207 and held that the lower court erred in denying Defendant’s motion to stay the Wrongful Death claim pending arbitration of the Survival and Family Expense claims raised…

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100,000 Verdict in Cook County Nursing Home Case

In April 2017, a jury awarded a plaintiff $100,000 in a case involving allegations of negligence against GlenCrest Healthcare & Rehabilitation Centre. The case was wound care case; Plaintiff alleged the defendant negligently failed to prevent development and progression of skin breakdown in a 75 year old female resident, resulting in a Stage IV decubitus…

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Cook County Jury Awards $4.1 Million Verdict

   On July 18, 2017, a Cook County jury awarded a $4,111,477 verdict against Clare Oaks Assisi Healthcare Center. The case arose out of the death of Dolores Trendel, an 85 year-old woman, who was transferred to Clare Oaks in February of 2011 for physical therapy after suffering a fractured hip from a fall at…

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CMS’ New Proposed Rule Repeals Ban on Nursing Home Arbitration Agreements

The Centers for Medicare & Medicaid Services (CMS) has taken two significant steps away from its prior proposed ban on mandatory arbitration agreements in the long term care setting, abandoning its appeal of a decision blocking implementation of a prior rule banning mandatory arbitration agreements, and issuing a new proposed rule rescinding its prior ban…

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Proposed amendment to the Nursing Home Care Act for complaints made to the Illinois Department of Public Health

A controversial State bill has been proposed which, if passed, would amend the Nursing Home Care Act to require identifying information from individuals who make complaints against nursing homes. Under the proposed amendment, the identifying information would be kept confidential by the Illinois Department of Public Health but State investigators could gain access to this…

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Second District Illinois Appellate Court rules on Quality Assessment and Assurance Protection Act

Second District Illinois Appellate Court rules that nursing home investigation reports are not privileged pursuant to the Quality Assessment and Assurance Protection Act. In Lindsey v. Butterfield Health Care II, Inc., the plaintiff appealed the judgment of the circuit court of DuPage County, requiring production of investigation reports the defendant Butterfield Health Care II, Inc.…

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Breaking news: Injunction granted barring CMS from implementing rule banning arbitration agreements in skilled nursing facilities

On November 7, 2016, Judge Michael Mills, a judge in the U.S. District Court for the Northern District of Mississippi, granted a request by the American Health Care Association to bar the CMS from implementing a rule that bans arbitration agreements in skilled-nursing facilities. The CMS rule, scheduled to become effective on November 28, 2016,…

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American Health Care Association files lawsuit challenging CMS rule

Our firm previously sent a news update regarding the rule issued by CMS on September 28, 2016, banning pre-dispute arbitration agreements in nursing homes. Since then, the American Health Care Association filed a lawsuit challenging the legality of this rule. According to the lawsuit, pursuant to the Federal Arbitration Act, Congress is the only entity…

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