Thursday, February 27, 2014

Court affirms judgment in Presque Isle nursing home case

In a 3-2 decision on Thursday, the Maine Supreme Judicial Court affirmed the vote of an Aroostook County jury in a case brought by representatives of the estate of a Fort Fairfield woman against a nursing home that they believe was negligent in caring for the woman prior to her death.

The jury found in favor of the Presque Isle Nursing Home in September 2012, determining that the death of 85-year-old Vera Boulier was not the result of negligence on the part of the health care facility. Superior Court Justice E. Allen Hunter was the presiding judge.

The appeal of the civil case was heard in June 2013 when the Law Court was sitting at the Penobscot Judicial Center in Bangor. The Boulier estate was represented by Portland-based attorney Ken Hovermale. The nursing home was represented by Christopher C. Taintor of Portland.

According to Hovermale, Boulier, 85, was a resident at the facility and had a document charting her medical needs and requirements, called a “care plan.” While in the bathroom at the nursing home, Boulier fell and suffered injuries that eventually led to her death at a Bangor health care facility in January 2009.Supreme Judicial Court affirms judgment in Presque Isle nursing home case — Aroostook — Bangor Daily News — BDN Maine

Labor unrest at Genesis nursing home chain in MA

From today's Boston Globe:

"The nation’s largest nursing home chain is drawing fire from Massachusetts caregivers over poverty wages and other issues as labor tensions mount at long term care facilities across the Bay State operated by private equity-owned Genesis HealthCare."

Labor unrest grows at largest nursing home chain in Massachusetts - North Reading - Your Town -

Wednesday, February 26, 2014

Brian Lee: Nursing Home Advocate

Some "anonymous" critic would apparently attack Nursing Home ombudsman Brian Lee. My question is do they have any proof whatsoever and why do they remain anonymous? It looks to me this was an article attacking him more because he opposes the atrocious nursing home industry backed bill that would insulate nursing home shell corporations from liability when residents are mistreated or abused.

From the article:

"Now his critics insist he's whipping up business for one of the state's busiest nursing home litigators.
They say Brian Lee finds disgruntled patients, then Tampa personal injury attorney Jim Wilkes sues the living bedsheets out of their nursing homes."

My question: Who are "They"?

Disgruntled patients? or abused patients?
Lee call the accusation "ridiculous". He described the source of donations as coming from "unions, families and the Wilkes law firm."

Brian Lee: Good-Guy Nursing Home Watchdog or Shill for a Trial Lawyer? | Sunshine State News

Monday, February 24, 2014

Kindred faces $2 million verdict in nursing home assault case

The Headline Reads: "Kindred faces $2 million verdict in nursing home assault case with no eyewitnesses" -from today's (2-24-14) McKnight's Long Term Care News

According to the Article: "A jury recently slapped Kindred Healthcare with a $2 million verdict in a resident abuse case that turned on testimony from medical experts, attorneys announced Thursday.

The plaintiff, 87-year-old Jeanne Stanford, was residing at a Kindred facility in Massachusetts when she was found with genital bruising and bleeding, according to court documents. Kindred argued she sustained the injuries in a fall, while her lawyers argued that she had been assaulted. ........

There were no eyewitnesses to an assault, so Stanford's legal team relied on hospital records and testimony from medical experts to make its case during the trial in December.

“At the time we learned of the allegations we conducted a thorough investigation and do not believe the assault occurred,” Kindred Vice-President of Communications Susan Moss told McKnight's. “In addition, the incident was investigated by the Department of Public Health and the Police and they did not substantiate that an assault occurred.”

Actually, As lead Trial counsel I can state that the primary testimony regarding the sexual assault came from 2 TREATING DOCTORS, first and foremost. Also the victim (who was NOT Jeanne Stanford as described above) had dementia and had very pronounced short term memory loss. One assessment in the Defendant's own records indicated a memory as short as 5 minutes. The 85 year old victim wasn't interviewed by ANY Doctors, nurses or Police until the NEXT day - a period well beyond her memory capacity. One can assume that one possible reason Police didn't press charges was because the victim was incompetent to testify because of her memory deficits. Two male aides in charge of her care were relieved and never brought back to work there.

Kindred faces $2 million verdict in nursing home assault case with no eyewitnesses - Print Article - McKnight's Long Term Care News