Lawsuit

Strippers hired at NY nursing home, violated resident's rights, lawsuit alleges

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The son of a nursing home resident says he found a photo of a male stripper gyrating above his 86-year-old mother, and was told it reflected part of an "entertainment event" for residents. That has led to a lawsuit against East Neck Nursing & Rehabilitation Center in West Bablyon, NY.

Provider denies it worked a nurse to death, but will court agree?

Provider denies it worked a nurse to death, but will court agree?

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Long-term care workers, particularly nurses, might complain or even joke about it: I'm being worked to death. But now a dead nurse's family is testing such an assertion in court.

Stiffing the help just doesn't add up

Stiffing the help just doesn't add up

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Depending on the numbers you choose to believe, senior living profit margins are a razor thin 3% — or more like 20%. Regardless, many would like to believe operators are engaging in a fairly despicable business practice: intentionally underpaying the help.

Judge dismisses observation stay lawsuit

Judge dismisses observation stay lawsuit

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A Connecticut federal court judge has dismissed a lawsuit brought by a group of 14 Medicare beneficiaries denied skilled nursing care coverage after a hospital stay.

Emeritus settles $2.2 million lawsuit

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Emeritus Senior Living has agreed to settle a $2.2 million lawsuit in which workers claimed they were routinely underpaid at the assisted living company's California facilities, according to a ProPublica report.

PharMerica faces False Claims lawsuit

PharMerica has been charged in a False Claims Act lawsuit by the federal government.

Government whistleblower lawsuit: PharMerica improperly dispensed, billed for narcotics

Government whistleblower lawsuit: PharMerica improperly dispensed, billed for narcotics

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Long-term care pharmacy company PharMerica dispensed controlled narcotics without valid prescriptions and billed Medicare for the drugs, the federal government has charged in a False Claims Act lawsuit.

Florida jury hands down $1.1 billion award in nursing home lawsuit

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A jury has awarded $1.1 billion in damages to the family of a Florida woman who received poor nursing home care prior to her death in 2007. The amount is believed to be one of the highest ever leveled against a nursing home.

Still fighting $90 million verdict, HCR ManorCare settles a second negligence lawsuit in West Virginia

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Following a $90 million verdict against one HCR ManorCare nursing home in West Virginia, a different company facility in the state recently settled a wrongful death lawsuit under confidential terms. The spotlight shifted the focus from Heartland of Charleston, the facility involved in the $90 million lawsuit, to Heartland of Martinsburg.

Skilled nursing company Medicalodges faces charges of withholding overtime pay

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A former employee of Medicalodges Inc. recently filed a lawsuit against the skilled nursing provider, alleging that the company does not properly compensate workers.

Nursing home faces trailblazing lawsuit over asking workers for family medical histories

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A nursing and rehabilitation center violated federal law by asking for workers' family medical history, a government lawsuit alleges. The suit is one of the first of its kind.

When keeping thousands costs millions

When keeping thousands costs millions

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As any retailer will tell you, advising customers to shop elsewhere is never easy. Yet that is exactly what too many senior living operators should be doing - but won't.

Kentucky lawsuit clarity: Better than bourbon

Kentucky lawsuit clarity: Better than bourbon

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Kentucky may well be remembered for something better than its bourbon and horse races. In early February, the Kentucky Senate passed a bill where the claimants have to go before a review panel prior to filing suit against a nursing home.

$10 million therapy-provider kickback case may proceed, judge says

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A False Claims Act lawsuit involving a nursing home chain and therapy providers in Missouri can move forward, a federal judge has ruled. The case originated when a whistleblower alleged that a therapy company received more than $10 million in kickbacks as part of a scheme to overbill Medicare and Medicaid.

Nursing homes are hospitals' silent cheering section on this one

Nursing homes are hospitals' silent cheering section on this one

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It's interesting how competition can make strange bedfellows. Nursing homes and hospitals, for example, are next-door-neighbors on the caregiving block. We all know who has the bigger house on this block, and it often creates resentment.

Long-term care providers: plenty of reasons to look over the shoulder

Long-term care providers: plenty of reasons to look over the shoulder

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As if sobering news weren't in deep enough supply for long-term care providers, we've been reminded again why the threat of getting sued usually lingers in the back of the mind.

Omnicare drops bid for PharMerica

Omnicare has officially ended its attempt to absorb PharMerica Corp. The reversal comes less than a month after federal regulators attempted to block the deal. Officials said the merger would have created an institutional pharmacy company that reaches nearly 60% of the nation's nursing home beds. PharMerica has repeatedly tried to prevent the takeover since it was announced last year. PharMerica countered that the offer was insufficient and was unlikely to survive antitrust scrutiny.

Omnicare files suit against PharMerica

Omnicare files suit against PharMerica

Omnicare has filed a lawsuit in hopes of making PharMerica accept a $440 million purchase offer and halt a poison pill anti-takeover defense.

Court: Mental incapacitation not a factor in signing nursing home arbitration agreement

Court: Mental incapacitation not a factor in signing nursing home arbitration agreement

A Kentucky federal court ruled Monday that an arbitration agreement signed by a nursing home resident is enforceable, even though the 74-year-old woman said she suffered from a major mental disorder.

Johnson & Johnson appeal denied, kickback case moves on in federal court

A federal judge has declined to dismiss a U.S. Justice Department lawsuit against Johnson & Johnson. The healthcare giant now will have to defend itself in court against allegations that it paid illegal kickbacks to influence sale of antipsychotics to nursing home residents.

Apologies boost provider reputation, don't increase lawsuit risk, study reveals

Apologies boost provider reputation, don't increase lawsuit risk, study reveals

When healthcare providers tell patients about medical errors that happened under their care, the patient is twice as likely to recommend that provider to someone else than if they had not been told about the mistake. However, the disclosure does not seem to have an effect either way with regard to the filing of lawsuits, according to a study published in the journal Medical Care.

Ohio judge permits healthcare reform suit to proceed to trial, follows similar action taken in Florida case

Ohio judge permits healthcare reform suit to proceed to trial, follows similar action taken in Florida case

An Ohio federal judge recently allowed a lawsuit that challenges the insurance mandate of the healthcare reform law to proceed to trial.

Florida judge allows lawsuit challenging healthcare reform to proceed

A Florida federal judge is permitting a lawsuit challenging the constitutionality of the healthcare reform law to proceed to trial.

Judge suggests he will allow states to sue federal government over healthcare reform

Judge suggests he will allow states to sue federal government over healthcare reform

A lawsuit challenging the constitutionality of the healthcare reform law is likely to advance. A federal judge in Florida this week said he would rule on the merits of the suit by Oct. 14.

Protect yourself against Olmstead

Protect yourself against Olmstead

The Olmstead decision—that governments provide housing to vulnerable populations in the lease restrictive environments—has led to several class-action lawsuits. Here are ways to guard your residents and facilities against damaging Olmstead cases.

Skilled Healthcare settles understaffing lawsuit for $50 million

Skilled Healthcare settles understaffing lawsuit for $50 million

Nursing home giant Skilled Healthcare Group Inc. has agreed to settle a class-action suit alleging understaffing at 22 of its California facilities for $50 million. Terms still must be approved by a judge.

Nursing home workers receive $2.6 million in back pay from jobs lost during strike

National Labor Relations Board officials were scheduled to deliver roughly $2.6 million in lost benefits and pay to 133 nursing home workers who had been involved in a strike more than a decade ago.

Smith & Nephew wound therapy device violates KCI patent, jury determines

Kinetic Concepts Inc. scored a legal victory Wednesday in its ongoing battle with Smith & Nephew over the use of Negative Pressure Wound Therapy. A Texas jury sided with KCI in a patent infringement lawsuit.

Illinois' high court rules against medical malpractice caps

An Illinois Supreme Court ruling on medical malpractice caps could have national implications. It found that caps on damages are unconstitutional.

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