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Tom D'Amore

How Well Does Your State Rank when It Comes to Elder Abuse Protection?

There is no denying that the United States is becoming an increasingly aging nation—due mostly to the fact that baby boomers—our second-largest generation ever—are currently spanning the ages of mid-fifties to early-seventies. Additionally, the U.S. Census Bureau expects that the […]

Melanie J. VanOverloop

Understaffing at Nursing Homes Can Lead to Neglect

Nursing homes or assisted living facilities are often a transitional step for the elderly after they stop living independently at home but before they enter a skilled nursing facility. Although the number of nursing homes is booming, oversight of these […]

Eric Washburn

New Report Rates Nursing Homes in Virginia and Nationwide

It is estimated that the number of Baby Boomers in this country is almost 80 million people. Between medical advances and the focus on healthy living and exercise, the age of life expectancy continues to increase. This means that, at […]

T. Thomas Metier

If a Statute Caps Damages in a Tort Proceeding, is It Considered an Affirmative Defense?

The United States Court of Appeals for the Tenth Circuit decided what was appropriate in Racher v. Westlake Nursing, No. 16-6011, (10th Cir. 2017). In this case, Eryetha Mayberry was a patient at the Quail Creek Nursing Home, which was […]

T. Thomas Metier

When an Arbitration Claim is Made in Both State and Federal Courts, Is It Considered the Same for Res Judicata Purposes?

The United States Court of Appeals for the Tenth Circuit had a chance to determine that in Fundamental Administrative Services, LLC; Fundamental Clinical Consulting, LLC v. Seth T. Cohen, as Personal Representative for the Estate of Tessie Hammann, deceased; VICKI […]

Eric Washburn

Signs Your Elderly Loved One Is Being Abused

According to statistics from the National Council on Aging (NCOA), one out of every 10 people in this country who are over the age of 60 has experienced some incident of abuse each year. This means that 5 million seniors […]

James Humann

MASS TORT UPDATE: $300 MILLION BENICAR SETTLEMENT

On August 1, 2017, the Daiichi Sankyo Company announced it has agreed to a $300 Million settlement related to its olmesartan product, Benicar. The manufacturer/defendant, Daiichi Sankyo, is a global pharmaceutical company with origins in Japan.  While agreeing to a […]

Jon Lewis

Need an attorney? Do you want a Mill or a Boutique?

So, you are in a car wreck, or you’ve suffered from medical malpractice, or a family member or acquaintance has been killed due to another’s negligence, or you’ve been defrauded or wrongfully treated by an insurance company.  What do you […]

F. Paul Bland, Jr.

The Nursing Home Industry’s War to Deny Patients Their Day in Court

The proposed “revisions” of an important government rule roll back the prohibition on pre-dispute forced arbitration agreements and allow for forced arbitration as a condition of admission to nursing homes, closing the courthouse doors for many. It’s important to make your voice heard on this proposed step backwards by submitting public comments urging that our most vulnerable be protected.

Mark Bello

Two Families File Wrongful Death Lawsuits Against Massachusetts Nursing Home

Two families have filed wrongful death lawsuits against a Massachusetts nursing home claiming the facility is to blame for the residents’ deaths in 2015 from injuries suffered after falls. Both residents died of blunt force head trauma. One victim was […]